Legal Question in Real Estate Law in California

Re: electrical issues

If you can prove that the tenant's conduct caused these losses, the landlord should not be liable for them.

Re: electrical issues

I have a different opinion. Failure of the circuit breaker to trip and provide protection indicates faulty equipment or design, which would be a landlord responsibility. If the tenant overloaded the circuit, but the overload caused damage only because of a defect in the equipment, design, installation or maintenance of the electrical circuit, a judge or jury would probably find in favor of the tenant and against the landlord. You should contact your insurer.

Re: electrical issues

Attorney Whipple is correct here - you won't find an electrician (expert witness) who will say that the damage was caused directly by the tenant's conduct. Plus, given that the damage was to some pretty inexpensive items, is it really worth you time to go fight this in court, and pay an expert witness in the field of residential electrical to testify on your behalf? I have to believe that even if her property is worth a couple of hundred dollars, your time is better served than to go to court. I'd make sure that before you pay her, she signs a settlement agreement or at least something indicating that the payment is full reimbursement for all damages suffered as a result of the electrical short.

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Re: electrical issues

If the breaker was functioning, it would have tripped on overload. You have a minor problem to resolve with her damage claim, a big problem if the same defect causes a fire.