Legal Question in Landlord & Tenant Law in California
Leased Home Damaged by FLoods, what are the landlords duties?
I'm 6 months into a 12 month lease of a home owned by my employer, a Municipality, where I am a Police Sergeant. Recent rains and flooding have severely damaged the home; Mold, water damage, etc., which is going to require approx. $50K in repairs. I currently have no heat, the smell of mold, mold growing on the walls, damp carpets, and damaged personal property, where my family of three is STILL residing due to having no where else to go.
Does the Landlord (my employer) have an obligation to make the needed repairs ASAP, and/or to temporarily relocate me, or to somehow safeguard me and my family from the ill effects of the Mold, Mildew,etc, whie the work is being done?
And as a side issue. The Town plans to tear down this property within 2 years to build ''Low Income Housing'' thus displacing me and my family, so they aren't too keen on the idea of putting money into a place that they plan to tear down, so I think they might be dragging their feet on this matter.
Thank you for your advice/assistance. Just an old Sergeant 4 years from retirement trying to hang on a couple of more years . . .
1 Answer from Attorneys
Re: Leased Home Damaged by FLoods, what are the landlords duties?
Yes to all. Because of the damage, your landlord/employer has violated the implied covenants in your lease of habitability and quiet enjoyment. They should relocate you, pay for relocating your personal property, and you should pay the same or less rent. As to the damage caused to your property by the rains, your own insurance might (or might not) cover that. Many policies exclude flood damage. Good luck to you.
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