Legal Question in Landlord & Tenant Law in California

Non-possession of Rental Property during San Diego Fire

I was evacuated from my rented condominium in San Diego for four days during the fires. If the landlord has no natural-disaster (Acts of God) clause in his contract, do I have the right to deduct the cost of these four days, during which I was not in possession of the property, from my rent payment?


Asked on 11/05/07, 6:20 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Non-possession of Rental Property during San Diego Fire

Without there being a provision in the lease, and, obviously neither you nor the landlord caused the fires, there really isn't any law that would cover this (to the best of my knowledge).

Because the lawyers who volunteer for "pro bono" work on law guru are not compensated, it can be time consuming providing legal research.

I am certain that a judge in Small Claims Court would try to be fair, and ask you and landlord to split the difference.

I suggest that you can avail yourself of the "Ask A Law Librarian program" which is easy to use, although sometimes there can be a delay of an hour or more. Enclosed is the website, and they will research the legality of the one responsible during the fires for your lost days.http://www.247ref.org/portal/access_law3.cfm

Good luck!

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Answered on 11/05/07, 8:06 pm


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