Legal Question in Landlord & Tenant Law in California
Leaky ceiling ruined my laptop
The rental apartment I occupy has had leaks for several months, and my landlord has ignored my requests to fix it. last week, the leak worsened, and a piece of the ceiling fell on my laptop computer (which i paid $2000 for less than a year ago). i have renters insurance, but do i have any recourse against my landlord?
3 Answers from Attorneys
Re: Leaky ceiling ruined my laptop
You might have recourse, but sometimes lease agreements have clauses that limit the landlord's liability for water damage. I would make the claim on your renter's insurance and then you call go to small claims to collect the deductible if you need the need to do so. Sometimes the insurance carrier will pay the whole thing and the negotiate a settlement with your landlord or the landlord's carrier.
Re: Leaky ceiling ruined my laptop
Yes, your landlord would be liable for the damages you incurred for breach of duty to make repairs and/or uninhabitable premises, depending on the extent of the repairs that were needed and if the lease does not limit the landlord's liability herein. If you would like a free phone consultation, contact us directly.
Re: Leaky ceiling ruined my laptop
I believe you have recourse against the landlord. Even if there is a clause in the lease which attempts to limit the liability of the landlord for water damage, California law does not allow the landlord to exempt itself from lawsuits for negligence and the clause is likely not enforceable.
Habitability includes effective waterproofing and weather protection of roof and exterior walls. Providing a sound, safe roof over one's head is an essential part of providing habitable living conditions. The right to habitable housing cannot be waived by the lease. You might want to review Civil Code sections 1941, 1942.1 and 1953.