Legal Question in Landlord & Tenant Law in California
Renters rights
The water heater broke in my apartment over the weekend and flooded the entire apartment. They let the water sit all night and pulled the carpet out and cleaned up water the next day. I was asked if I personally could move my furniture out so that the new carpet could be installed the following day, I said yes. I tried getting all my furniture moved but was unable to get it all done in one night. I called the management company and told them this. They informed me that I would have to pay for a trip charge to have the carpet installers come out a second time. What are my rights in this matter, what should I be having them check for besides the destroyed flooring? If anything was soaked from the flooding, what am I entitled to do regarding washing clothes, replacing toys and so forth?
1 Answer from Attorneys
Re: Renters rights
When you say "they" let the water sit all night, I am assuming "they" is the management company
The landlord, i.e. management company, is responsible for the damages, and damages include the cost of moving your furniture at a reasonable time.
I do not know what to check for besides your destroyed flooring. If the management company won't provide an independent estimate from someone (I assume a carpenter), you should let them know that you will hire a carpenter, and send the management the bill.
I would immediately locate your county building inspector and request an immediate inspection as to the damage.
If you have trouble with management, keep records on everything....take some pictures....and write management a certified letter (return receipt) concerning making adequate repairs.
They should also replace clothing, toys, etc. Put all of your damages in the letter (and keep a copy). If you need to move to a motel for a day or two, also that should be paid for.
Based on the management company's response to you paying a "trip" charge, it is likely that you may have a fight on your hands.
You may need to retain an attorney to write a strong letter to these "cheapskates" regarding your rights.
Please feel free to e-mail, or call, my office if you need more.
Good luck!
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