Legal Question in Landlord & Tenant Law in California

Portable Washer flooded apartments Los Angeles, CA

I received a bill from my apartment management company that says �the improper and unauthorized installation of a washer in your master bedroom with hoses to the basin caused an overflow. Water ran through the floor and ceiling of the unit downstairs as well as carport. You were immediately notified and asked to remove such appliance.�

The cost for the damages is as follows:

� A

� B

� C etc.

Total Damages due now $ 5500.15

CREDIT Report: As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfil the terms of your rental obligations.

Above is the information as it appears on page one. Kit is then followed by 9 additional pages of copies of the receipts of the costs incurred for the damages that the apartment management paid for in full. Now they are asking me to pay them for all of it.

Incident detail according to me.

Incident occurred on Dec. 3rd when the portable washer sink pipe dislodged due to water pressure and fell on floor causing flooding. The apartment manager rushed up to our apartment screaming that the downstairs apartment restroom and bedroom celling is leaking. My wife answered the door, after opening the door to the manager she ran towards the bedroom restroom to check on machine and manager followed. As soon as manager saw the washer she started screaming you can�t have a washer in the apartment and YOU ARE RESPONSIBLE FOR ALL THE DAMAGES. After that the manager left. Later my wife asked her to show her where on lease agreement it says we can�t have a washer. And manager surely did show it to us. We moved out of the place which was a coincidence nothing to do with the incident. And about 2 weeks later we received this bill at the new address. Kindly, the questions I have are:

1. We are both unemployed and manager knew that, is there a way we don�t have to pay for the damages?

2. If we refuse to pay for damages how long will it hurt our credit and what else can it hurt?

3. If they must can we request the manager or the property management to ruin ones credit not both (we both are on the lease)? Is that a sensible thing to do?

4. I bought renters insurance a day after the incident will that help?

5. It bothers me a lot that if we are held responsible then why we were not included into all the repair process ranging from finding inexpensive repair services to what our options were to get it repaired ourselves. Do I have an argument in this?

6. One of the repair associates which does all the carpet cleaning for this apartment complex for years told us that the apartment manager went through their insurance to cover all of these damages, so then why are we getting billed for these damages?

7. The receipt for both apartments carpet cleaning (just cleaning) for an area of 15 yards each cost us 100! Whereas the same carpet cleaners charge about $50 to do the full 2 bedroom apartment including the living room. I feel like all the repair costs for this incident is a rip off and going back to the same point we weren�t made part of the repair process at all but were help 100% responsible for the damages/cost!


Asked on 1/15/14, 1:51 am

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

1 you are responsible for the damages whether you are unemployed or not.

2. You can be sued, have judgments, collections for the next seven years.

3. You are both liable if you signed the contract so no.

4. Too late

5. You have no argument in this. You have no say.

6. Not your concern. If they used insurance, the insurance can surrogate to you all the costs so you pay either way.

7. It was water soaked carpet. Maybe it takes more than a simple cleaning. I would jot worry about $50 in a $5600 bill.

You probably ought to figure out how to pay for this before your sued. Adding court costs, potentially attorneys fees, interest etc will make this number escalate

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Answered on 1/15/14, 8:48 pm


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