Legal Question in Landlord & Tenant Law in California

My landlady won't pay for damages after a flood

The shower leaked through the ceiling above us into our room below. She has already replaced the carpet and other such things but while her handy man was fixing damages he caused more damages to my bed frame worth $300. We are now moving out of this home and I am trying take compensation of $160 out of my last months rent. I think I am being more than fair but she refuses to give me the money. Legally, what can I do?


Asked on 7/05/05, 10:39 am

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: My landlady won't pay for damages after a flood

Most leases, especially the standard form ones, allow for damages that are the landlord's resposibility and not paid for in a reasonable amount of time and after a reasonable amount of written requests, to be deducted from the rent.

Unfortunately, the definition of "reasonable" leaves a lot to be interpreted.

There are options, but since you plan to leave in the immediate future, most may not be viable for you.

Start with a written demand, gague the response, and see if it is worth the lawsuit to you. Is it better to be gone and done with it? How much Security Deposit are they retaining? Just a few questions to ask before acting.

Please feel free to email me additional questions directly at [email protected]

Scott

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Answered on 7/05/05, 10:52 am


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