Legal Question in Landlord & Tenant Law in California
landlord charging for repairs caused by leaky shower
My S&D are renting an apt. together. B4 moving in, my son put an ext. shower head in the bath bec it was too low & 4 days later noticed water leaking into the kitchen downstairs. The LL claims the leak was caused bec my son changed the showerhead, however, after he ''fixed'' the leak, it was still leaking. My husband looked at the shower & found there was no caulking around the bath fixtures & when water hit the wall, it would cause the leak. After we finally got the repairman to caulk the fixtures, the leak stopped. The LL is now trying to get my son to pay $450.00 for repairs, stating that its a tenat charge & the damage was caused by my son. We've asked the LL 3 x for a meeting between himself, the repairman and my husband to discuss this, but the landlord has refused, so my husband threatened to get the owner involved & go to court. Two days later the LL taped a 3-notice on my sons door stating he was late in rent (by $450) & to pay up or move out. My son had paid his rent, but the LL deducted the $450 for repairs from the rent, & now says the rent is in arrears. Can the LL legally do this? Also, this morning, my S&D woke up to brown sewage water in their kitchen sink & all over the floor. Does the LL have 2 pay 4 CU?
1 Answer from Attorneys
Re: landlord charging for repairs caused by leaky shower
You have a case, but your family has done everything wrong. You had retained a landlord tenant attorney in the beginning. It would take too much time to tell you of all your problems caused by you, and your family.
You are going to have son go to court, after writing landlord a certified letter outlining the problems.
At this point, it would be best to go to small claims court.
P.S. Don't assume lawyers can read shorthand for text messages I near ly did not answer this because of your long-winded facts and use of shorthand.