Legal Question in Real Estate Law in California

Our rental property has a roof leak form all the Cal. rain. We have quickly worked with the tenant to repair and dryout the wet areas. They want to now not pay rent because they say the property is uninhabitable. The leak was in one area of the home and does not affect sleeping or eating. Are they overreacting?


Asked on 2/02/10, 8:12 am

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

This kind of depends on what damage was caused by the leak. Was mold formed? If not, then probably not. The home has to be uninhabitable, and from what you describe, that sounds unlikely.

Maybe prorate them for the inconvenience, but not an entire month's rent and certainly not pro-ated for more than the single month (not ongoing).

Sounds like you've got a real winner of a tenant there.

Feel free to let me know if you need any assistance with them.

Scott

CAStateLaw.com

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Answered on 2/09/10, 3:39 pm


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