Rental Clause Requires Tenant to Report Damage

[jmadero]

What is the name of your state (only U.S. law)? CA

Hi All -

Thanks in advance.

Clause requires reporting damage - nothing about whether it is when reasonably noticed, actual notice, or "any time." Leak in wall went unnoticed in unit on third floor, extensive damage to 2nd floor and 1st floor, landlord now demanding that third floor pay for damage because the leak was not reported. The leak is entirely within the wall and was not noticed at all by tenants in third floor. No visible damage on third floor. Can a clause really require a tenant to pay in such a situation or is the landlord reaching under an unconscionable clause (or misapplying a valid clause to a situation that it does not apply to)?

Seeking both advice and pointers to the actual law (statute or regulations). Thanks!

 

[justalayman]

it's obvious one cannot report what cannot be seen or noticed in some way. Let the landlord explain it to a judge. I don't think a judge will agree with the landlord's interpretation of the lease.

 

[FarmerJ]

when you communicate with this LL about this Id suggest you use certified mail and keep a copy of the letter for your records stapled to the certified receipt when you tell this LL there was no way for you to know about the leak since it was hidden in the walls it is not your fault and will not pay for this repair and that you would love to hear them explain to a judge HOW you were responsible for what you could not see. ( BTW don't be shocked if the LL wont renew with you at the end of your lease and do plan on taking lots of pics of the places condition at the end of the lease inc how nice and clean it was since you moved what you would not need to a self storage far enough ahead of time so that way you could easily clean from A to Z top to bottom)