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Is a land lord responsible for personal property damage in the apartment.

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blau

Member
What is the name of your state? CA

Here is the situation. The was a big rain strom wed in the bay area. And there was a leak to the apartment. Which cause damages to some of my personal property in the apartment.

When I reported this to the landlord. He seem to be very concern whether the problem with the leak was fixed or not and what else I think needs to be done to fix any problem that remains cause by the leak. But when it came to my damage property, he said that he is very sorry about my damages property but he is not responsible for the damages. Because he said it was an unforseen even. He said the roof was relitively new (it was redone 5 years ago) and regular inspection show no indications that a leak was going to happen. He also said that it was a unforseen bigger than normal rain storm that cause the problem. He added that I live here for more than a year and there smaller storms before and there was not sign of problems.

He had his maintanance guy work on the roof (what he did I don't know). When I ask the maintance guy he said essentially the same thing that the roof was almost new and he said he patch a few crack along the wall right under the roof that water could go in if the storm is big enough (but he is not sure that was the problem anyways). And there were small storms that follow wed and it seem the problem is fix.

But is my landlord right in saying that the is not responsible for the damages.

thanks,
blau
 


HomeGuru

Senior Member
blau said:
What is the name of your state? CA

Here is the situation. The was a big rain strom wed in the bay area. And there was a leak to the apartment. Which cause damages to some of my personal property in the apartment.

When I reported this to the landlord. He seem to be very concern whether the problem with the leak was fixed or not and what else I think needs to be done to fix any problem that remains cause by the leak. But when it came to my damage property, he said that he is very sorry about my damages property but he is not responsible for the damages. Because he said it was an unforseen even. He said the roof was relitively new (it was redone 5 years ago) and regular inspection show no indications that a leak was going to happen. He also said that it was a unforseen bigger than normal rain storm that cause the problem. He added that I live here for more than a year and there smaller storms before and there was not sign of problems.

He had his maintanance guy work on the roof (what he did I don't know). When I ask the maintance guy he said essentially the same thing that the roof was almost new and he said he patch a few crack along the wall right under the roof that water could go in if the storm is big enough (but he is not sure that was the problem anyways). And there were small storms that follow wed and it seem the problem is fix.

But is my landlord right in saying that the is not responsible for the damages.

thanks,
blau
**A: you could certainly file a claim with his insurance company and see what they say. The bottom line though is that you should have had renter's insurance.
 
Last edited:

blau

Member
Follow up question. Could I duduct the amount from my rent.

I asked my land lord about his insureance already. He said that the deductable on his insurance is higher than the value of my damage property.

Can I deducted the amount of my damage property from my rent. Do I have a legal way to do it. If I do that what can he do.

thanks
 

HomeGuru

Senior Member
Re: Follow up question. Could I duduct the amount from my rent.

blau said:
I asked my land lord about his insureance already. He said that the deductable on his insurance is higher than the value of my damage property.

Can I deducted the amount of my damage property from my rent. Do I have a legal way to do it. If I do that what can he do.

thanks
**A: no. Read the CA L/T repair and deduct law.
 

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