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.


Asked on 7/21/07, 5:52 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

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.

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Answered on 7/21/07, 6:52 pm
Robert L. Bennett Law offices of Robert L. Bennett

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.

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Answered on 7/21/07, 9:08 pm


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