Legal Question in Real Estate Law in California

my landlord is holding me responsible for damages to the apt. I am living in caused by our air conditioner. the damages were there before I moved in but were not brought up to her until after I took over the lease. she wants 8,878 dollars for the damage and I cant afford this. what should I do?


Asked on 11/03/09, 5:45 pm

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Wow! If you have photographs from after you moved in but before you installed the air conditioner, provide her with copies. Definitely send her a letter explaining all of this, and keep a copy. It's your word against hers if it goes to court. That's a lot of damage. She would have to prove that your air conditioner had caused it. You might get a certified air conditioner specialist to write a report how he/she doesn't believe your air conditioner did the damage, and explain why.

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Answered on 11/08/09, 8:14 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you took over someone else's lease by getting an assignment or sublease, it's very likely you also assumed liability to the landlord for damage done by your predecessor. When you "took over the lease" you took over the previous lessee's responsibilities along with his or her rights.

The landlord can probably come after either one of you, or both, for either part, or all, of the damage.

You have a right to get reimbursed (indemnified) by the party you subleased, or took an assignment of the lease, from for any part of the damage that wasn't your fault, but from the landlord's legal standpoint, he/she/it doesn't have to figure out which of you caused the damage because you are both liable for all of it. That doesn't mean the landlord can double collect; it only means the landlord can pick and choose between you whom to sue to collect.

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Answered on 11/08/09, 10:19 pm
Melvin C. Belli The Belli Law Firm

That seems like an awful lot of damage just to be caused by an air conditioner. Have you seen the repair estimate? Why didn't you say something about the damage? Depending on your arrangement you made in taking over the lease you could be responsibility or not and I would have to know about the agreement. Certainly I would have expected them to inspect the apartment before your took it over and for someone to have brought this up. The other point is ho do you prove who caused this damage. Do you have photos or witnesses other than the previous tenants you probably wont admit to anything?

In the future if there is damage point that out before you move in or you could get stuck paying to fix it.

Good luck and hope that helps.

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Answered on 11/10/09, 1:57 am


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