Legal Question in Real Estate Law in California
Apartment landlord parking lot requirements
Can the landlord be held responsible for car damage if the assisgned parking space got severly flooded to due heavy rains and the drains not working properly and plugging up?
The inside of the car was completely flooded out up to the seats and the car will not run. This happened in the inclosed parking lot due to neglect to the drainage system in the parking lot. This could have been prevented if the drains were taken care. The car is currently not running which caused an absence and a tardiness to work for my girlfriend and I who have to share a car now.
2 Answers from Attorneys
Re: Apartment landlord parking lot requirements
I agree with the excellent analysis by Mr. Bravos. You seem to have a decent chance of success on your basic claim for damage to the car. So-called consequential damages (late for work, etc.) are a stretch and you may not be awarded anything on these claims; even if valid, the standard for liability is higher. Small-claims court is probably the way to go. Consider buying and studying a self-help law book on small claims.
You also need to consider your overall relationship with the landlord. Suing is likely to result in some kind of retaliation. Can you find another place to live if need be? Maybe it isn't worth the hassle and consequences. Weigh the whole picture before taking action.
Re: Apartment landlord parking lot requirements
I'm guessing that it was not an inside parking lot, but one off the alley or street. Are the drains on public or private property? If the drains are exclusively under control of the landlord and it is reasonably foreseeable that by not keeping them clear, flooding would occur, then you may have a viable action for negligence. However, you'd have to show that the clogging of the drains was not caused by debri swept over the drains during the storm, and that rather it was there prior to the storm and could be discovered through a reasonable inspection.