Gooduklady
Junior Member
What is the name of your state (only U.S. law)? California
I recently had to have my older rental house retrofitted and stabilized as it had moved over the years, causing a bulge in the foundation and cracking stucco. I notified my tenant that the house would have to be retrofitted (approximately three days), including sandblasting for one day, followed by new stucco work. She has an E-bay business and works from home, using her computer, occasionally taking photographs of her products, and packaging them for the mail. Because of the noise disturbance, I offered to let her stay at my house, next door (two on a lot) but she refused, saying she needed to be IN the house so she could take photos. She does have a huge double car garage which was not affected by the noise/dust. Several months later, she has decided that I should reimburse her for income lost during these days of dust, noise and inconvenience. Does she have a case? Her lease states: "In no event shall Resident be entitled to any compensation or damage due to any extra expense, annoyance or inconvenience for loss of use due to a casualty beyond the control of the Owner." Surely movement of the house falls into this category?
I recently had to have my older rental house retrofitted and stabilized as it had moved over the years, causing a bulge in the foundation and cracking stucco. I notified my tenant that the house would have to be retrofitted (approximately three days), including sandblasting for one day, followed by new stucco work. She has an E-bay business and works from home, using her computer, occasionally taking photographs of her products, and packaging them for the mail. Because of the noise disturbance, I offered to let her stay at my house, next door (two on a lot) but she refused, saying she needed to be IN the house so she could take photos. She does have a huge double car garage which was not affected by the noise/dust. Several months later, she has decided that I should reimburse her for income lost during these days of dust, noise and inconvenience. Does she have a case? Her lease states: "In no event shall Resident be entitled to any compensation or damage due to any extra expense, annoyance or inconvenience for loss of use due to a casualty beyond the control of the Owner." Surely movement of the house falls into this category?
