Legal Question in Real Estate Law in California
More about the fence problem... It's stated in the lease that the "Landlord shall not be responsible for Resident's articles stored either on the Premises or in any part of the building, and any such storage shall be at Resident's sole risk nor shall Landlord be responsible for damage to Resident's personal property caused by water (whether from broken pipes or the weather), wind, fire, or vandalism, and Resident assumes the sole risk of loss resulting from such damage, except for damage resulting from the negligent acts or omission of the Landlord." Now, the fence isn't my personal property like a shed or a bike, and they've come to repair literally every other thing in our house (like our doors and floor). Also, isn't it somewhat negligent of the Landlord to know that multiple fences in the neighborhood are rotting and not do anything about it?
2 Answers from Attorneys
The clause you quote has nothing to do with your question. That clause only addresses damage to your personal property, not the premises.
This isn't the clause you should be looking for.......if you can't find anything pertaining to repairs to the leased premises (as distinguished from stuff you own), maybe it isn't there. In that case, I'd proceed on the assumption that it's the owner/landlord responsibility.
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