Legal Question in Real Estate Law in California

Irresponsible Tenant

I have just discovered that the tenant in my townhome has not reported a leak in the 2nd story bathtub, which has caused extensive damage to the ceiling of the bedroom below. The issue of mold damage has yet to be addressed but photographs taken by an appraiser show black areas as well as peeled-away sheetrock and exposed floor joists from the bedroom looking up.

What recourse do I have as owner to (1) evict this tenant as soon as possible, and (2) recover damages from her to repair the leak, the structural members, the drywall, and any other areas yet to be discovered as needing replacement or repair?

Thank you very much for your consideration.


Asked on 4/04/05, 7:57 pm

3 Answers from Attorneys
Philip Iadevaia Law Offices of Philip A. Iadevaia

Re: Irresponsible Tenant

The tenant has an obligation to maintain the premises in good condition. Allowing a leak to destroy the ceiling below is unacceptable. Evicting the tenant is less of a problem than getting money from her to compensate for the damages. If she's not in a rent controlled area, you simply give 30 days notice (60 days if she's there over a year). If she doesn't vacate within 30 days, you'll have to sue to have her evicted. Your homeowner's insurance should cover the damages. If it does not, you should get repair estimates and sue the tenant for contributing to the problem by allowing it to worsen. If you need help, let me know (310) 806-9237. Good luck, Phil

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Answered on 4/05/05, 12:36 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Irresponsible Tenant

The answer to this questions will depend upon the terms of your lease. The tenant may have had no obligation to notify you of the leak. I fact, you may wind up being on the wrong side of a lawsuit for health problems related to toxic mold if it turns out that the mold had damaged the health of your tenant. You should have the matter reviewed by an attorney before making any decisions.

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Answered on 4/05/05, 1:04 pm
Scott Jarvis Jarvis & Associates

Re: Irresponsible Tenant

For a tenant to allow a known destruction of your premises to occur is called waste and the tenant has a duty to not allow this to occur. I would need to carefully read your lease to advise you further.

Scott J. Jarvis

Attorney at Law

(562)597-7070

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Answered on 4/05/05, 1:55 pm


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