Legal Question in Landlord & Tenant Law in California

Liable for water damage

My apartment recently has had reoccurring problems with water leaks from the roof. Although the landlord had made a few attempts to remedy the situation, it has continued. Am I within my legal rights to ask for a reduction in rent, if not damages?


Asked on 3/22/05, 7:49 pm

1 Answer from Attorneys

Re: Liable for water damage

That depends on how serious the leaks are. The landlord does have a duty to keep the apartment habitable, and a water-tight roof is part of that duty.

If your property is being damaged or the leaks interfere with the use of your apartment, you are likely entitled to a rent reduction or damages. If the effect of the leaks is trivial, probably not.

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Answered on 3/22/05, 10:20 pm


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