Legal Question in Real Estate Law in California
uninhabitability, property damage due to plumbing leakage
My sister recently leased an apartment. the terms of her lease are general and do not address this issue. The building's plumbing has flooded her apartment. It is uninhabitable. My question is: is the landlord responsible for damage to her belongings? It doesn't seem to be landlord negligence (what is known at this time, anyway).
1 Answer from Attorneys
Re: uninhabitability, property damage due to plumbing leakage
The landlord is responsible for providing the premises in "tenantable" condition. This includes functional plumbing, but not necessarily perfect. If there is a sudden plumbing problem not due to landlord negligence or neglect, but due to tenant misuse, the tenant is probably going to be liable not only for the defect itself but also for consequential damage.
If the defect is due either to landlord negligence or is an "accident" in which no one is clearly at fault, the tenant has a duty to notify the landlord, and the landlord has a duty to make repairs. In this situation, responsibility for consequential damages is a complex issue, but as a rough rule the landlord is likely to be held liable for "foreseeable" consequences of his negligence or failure to maintain the place.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
