Legal Question in Landlord & Tenant Law in California

Landlord Tenant issue regarding damaged property

Hello,

I need some assistance. I am a tenant and my residence was flooded not once but twice in a two week period. It water damage was from a malfunctioning washing machine. The washing machine was under warranty and I have filed a claim with the insurance company of the machines manufacturer. The damage to my personal property has exceeded 5000.00 and the repairs are about 20,000.00. I proceed with the claim without notifying my landlord. The insurance company put a hold on everything because they found out I was not the property owner. Does this really make a difference? The insurance company was prepared to send me the check for repairs but they have forced me to notify my landlord.

Once my landlord got involved the process has been further delayed and he is upset and trying to evict me for none payment of rent. I have withheld the rent for several reasons. What can I do? There are more details but I do not want to make my question to lengthy. I really need some guidance.


Asked on 6/22/09, 4:51 pm

1 Answer from Attorneys
Jerold M. Gorski Law Offices of Jerold M. Gorski

Re: Landlord Tenant issue regarding damaged property

As you seem to sense, how you should proceed depends on all the facts. As to the insurance, start by reading your policy. Your damages are significant enough to retain counsel so that you are not bamboozled by the insurance company, landlord, or anyone else. I do all kinds of litigation, including landlord/tenant and dealing with insurance companies, so feel free to call me and we can discuss your particular facts in more detail.

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Answered on 6/22/09, 5:03 pm


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