Legal Question in Landlord & Tenant Law in California
Landlord business ethics
can my landlord seek
compensation or hold my
money in escrow when he
has filed an insurance
claim on an incident that i
am denying liability.
2 Answers from Attorneys
Re: Landlord business ethics
His filing a claim does not mean he will be paid or that a deductible will not apply. Until someone pays him for the same potential liability as you have, why should he not try to be compensated or hold any relevant funds [like a cleaning deposit where a fire has occured]? He can not however hold money not related, such as the last month's deposit which can only off=set rent owed and not yet paid.
Re: Landlord business ethics
I am assuming the claim is regarding your rental unit.
If there was damage to your unit, and he blames you, or your invitees, then he is not out of line. Filing a claim doesn't mean he will be paid.
Without more information as to what, when, and where regarding the alleged liability, I cannot give you a definitive answer.