Legal Question in Landlord & Tenant Law in California
I am renting a home. At the beginning of March, my property management person came out to inspect the back block wall fence, at the urging of the gardeners they employ for the upkeep of the property. There is a crack in the wall, through the bricks and along the mortar from the ground to the top of the wall caused by a tree on my side of the property. The property on the other side of the fence can be seen through the cracks, as the damage to the wall goes straight through.
We were approached by the neighbor on the other side of the fence (who owns that property) for the property management's contact info. I informed the property manager of this. She is not the most reliable person and tried to minimize the extent of the crack. I documented this in an email I sent to her. When I saw her, I "reminded" her that she saw the crack running from the ground to the top when she visited. I don't know if she is the one who doesn't want to do something about it or if she is running interference for the property owners. Nothing has been done about it. My back neighbor is right to be concerned.
Have I done everything I can to cover myself?
1 Answer from Attorneys
I am a little unclear as to what you need to cover yourself from? If the wall falls and injures someone, it is your landlord's problem, not yours. You have notified the property manager, she has seen the problem and is not really in a position (legally) to opine that the wall is safe (unless she happens to be a contractor with special expertise in block wall construction and maintenance). The only other thing I would suggest is to put it in writing to the property manager - that you feel this represents a dangerous condition on the property, and that you want the property manager to advise the homeowner that this needs to be addressed immediately. I would not be concerned, if I were you, that you will somehow be held liable for any damages that may result. As a final note, make sure that you have a renter's insurance policy, and that it includes coverage for liability.
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