We went on vacation for two weeks about a month ago, and came back to a flooded first floor (water coming out under the kitchen sink). The tube to a water purifier the landlord installed before we moved in burst, my husband shut off water under the sink, but were told there were still other water leakage problem.
The first thing the landlord asked my husband is that if we were going to pay their deductable....., and since we lived in the house we were 100% responsibe as it never happened to other tenants before.
Our renter's insurance will help some (our temp housing, electricity bill when they run the dehuminifier, and the packing that was done by the remodeling company....), but would not replace our belonging unless it is moldy.
We replaced the bedding on the 2nd floor and also get rid of the sofa and love seat and some other furnitures onthe first floor (as both my kids are prone to asthema and the house was found to have mold and mold spore).
We finally moved our stuff out as it was inhabitable, as it is too hard to live in temp place with two young kids. They took rent from us when we were not living there (our belonging was in there though)
Our landlord said it is pricier than they think to get remodling work done, so they are still figuring out about our deposit. They are expecting us to pay at least half of their deductable, and said that since the dish washer was running when we left for vacation, we should pay for everything that goes above their limit and they plan to have their insurance company to come after us as the dish washer was running when we left.
Any suggestion appreciated.
Consult a lawyer now. If this is all true you are not responsible. You did not install the faulty equipment. The landlord is taking you for a ride.
I am an attorney but do not know much about landlord tenant law. I would look online for the city county or state housing authority or an organization that specializes in renter's rights. It sounds like the flood mauy be the fault of the landlord, and you need someone to give you legal advice about what your rights and responsibilities are. In some cases, when the dewlling is not inhabitable and it is the landlord's fault, the landlord may have to pay for other housing for the tenant. Please look online for resources - do not rely on what your landlord or insurance company tells you until you find out what your rights are. Good luck!
This is BS... do not let your landlord's get away with this... all you are responsible for is your belongings. Renter insurance covers your belongings and personal liability. It is not your fault this happened and it is the responsibility of your landlord's to take care of it.
I would contact the insurance company and tell them what the landlord is telling you. Then I would either hire an attorney or go to small claims court. I think your landlords are taking you for a ride.
True, we do not leave with our washer or dishwasher running but we own our home. It is still not your fault that what happened happened... it would have happened anyway. It would have happened when you returned and ran your dishwasher or you were washing veggies in the sink.
I would speak with an attorney. You can also review the CA Codes and see if there is anything in there to help you. If you google "california civil codes", there will be a website you can access that will allow you to look up all of this stuff and tell you the laws regarding it.
If the pipe burst in the water purifier that the landlord installed, it sounds to me like it is the landlords problem, not yours.
We had a landlord try to bully us out of our deposit money when we left because our daughter and some friends peeled the bark off one of the trees, we had one blind slighlty bent and one stain on a carpet. I looked up the codes and wrote him a letter sighting the laws governing landlord/tenant agreements and he then backed down.
Do you reaserch and get help. If the landlord thinks you don't know anything he will take advantage of you.
Dear A Y,
1. How long have you lived there?
2. Do you like it there?
3. Is the rent affordable?
4. Are you prepared to move?
If the answer is yes to the first three questions, try to work something out with your landlord such as, yes we will help with repairs or have it done, but would like to deduct the repairs from the rent.
If the answer is yes to question number 4 and you feel the damage was not your fault, move as quickly as possible if the landlord is not willing to make your home inhabitable.
Take a look at this site:
http://www.napafairhousing.org/flood.htm
My rental was flooded, what can I do?
Napa County, the City of Napa, Red Cross and Napa Valley Non Profit Coalition working together created the Local Flood Assistance Center. The Center opened on Wednesday, January 4, 2006 and is located at the County Health and Human Services campus at 2261 Elm St, Building K. The Flood Assistance Center’s phone number is ###-###-####. The Center will be open from 10:00 am to 6:00 pm, 7 days a week. Services will be provided in English and Spanish.
_____________________________________________________________________________
The information on this website is not to be taken as legal advice. If you have any questions, feel free to contact our office. For legal advice or interpretation of the law please consult a local housing attorney.
This site was designed to inform landlords and tenants each party's rights and responsibilities in accordance with the Civil Code.
During a flood there are four general scenarios that arise between tenants and landlords:
1. Both landlord and tenant want to cancel the rental agreement;
2. The landlord wants the tenant to move out however the tenant wants to stay;
3. The landlord and tenant want the tenant to stay; and
4. The landlord wants the tenant to stay however the tenant wants to leave.
Below is an explanation of each party’s rights and responsibilities. If you have any questions, please call our office: ###-###-####.
1. Both landlord and tenant want to cancel the rental agreement
Scenario 1: A landlord and tenant agree that the tenant will vacate. In order to begin repairs, the anxious landlord enters the tenant's home. Since he only finds water damaged furniture, the landlord assumes that the tenant has already cleared out everything they want to keep. The landlord pulls up a trash can and fills it with the tenant's ruined posessions: couches, mattresses, tables, clothes and food. The next day the tenant comes back to recover some of their remaining posessions that they intended to repair. The tenant finds the door locked. Tenant calls the landlord and the landlord tells him that he has already cleared out all of the tenant's posessions. The tenant explains that they had not yet finished cleaning and that among the posessions thrown away were some antiques. Also, inside one of the dressers that was thrown away there was a diamond ring. The landlord could be held accountable for all of these damages since they entered the premesis and threw away the tenant's posessions without the tenant's knowledge or consent.
Although the tenant wants to vacate, the landlord cannot enter the unit without permission or notice. The best way to handle this situation is to communicate with the tenant and arrange with the tenant for them to vacate in a flexible, convenient, expeditious manner.The tenant still possesses the property and is entitled to privacy. Unless landlords or tenants file a 30-day notice or all parties mutually agree to terminate the tenancy, the landlord has not begun to regain possession of the dwelling.
Landlords should provide tenants with the time they need to vacate and salvage their remaining possessions. If the tenant seem unsure of how long they need to move out, a landlord can always facilitate the tenant’s move out by assisting the tenant with moving costs, refunding their tenant’s deposit, or moving the tenant into a different, dry unit. None of these incentives are required, but may be worth the investment if they permit repair crews to fix the problems allowing the landlord to being re-renting the dwelling.
2. The landlord wants the tenant to move out however the tenant wants to stay
It is important for a landlord to remember the tenant’s right to notice to vacate and the value of their possessions and privacy, regardless of the damage caused by the flood. Albeit the unit may not technically inhabitable, the tenant is still entitled to a 30 day no cause notice to terminate tenancy. The only agency that can ask a tenant to vacate immediately is the City Building Department. If a landlord attempts to coerce or intimidate a tenant out of their unit, they could be held responsible for damages in accordance with Civil Code 1940.2.
A landlord can always serve month-to-month tenants with a 30-day no cause notice to terminate tenancy even if a tenant wants to stay in the damaged or destroyed unit. The landlord cannot require the tenant to immediately vacate without an order from the Building Department. Any attempt by the landlord could violate the tenant’s rights in accordance with Civil Code 1940.2.
Given Napa’s lower than average vacancy rate and the impact of the flood on the available housing, it is important to give tenant’s enough time to vacate and salvage their remaining and damaged possessions. Landlords should not automatically serve tenant’s a 30-day notice and expecting them to move out in time. In doing so landlord could end up having to go to court to evict a trapped tenant that is unable to move out or into another unit. Landlords and tenants should communicate openly with tenants about moving out or making necessary repairs or any other problems that may exist.
If a landlord needs a tenant to move out to make repairs, but the tenant does not want to leave or has no where to go, the landlord could consider assisting the tenant’s temporary relocation by returning the tenant’s security deposit and not charging them January rent. When the unit is fixed an inhabitable the tenant would be responsible for paying rent while beginning repayment of the deposit.
Landlord who collected January rent can place their tenants in either vacant units they own or in hotels until the dwelling has been repaired.
3. The landlord and tenant want the tenant to stay
If the unit is damaged or destroyed and both the landlord and tenant want to return to life as usual after the necessary repairs have been made, the landlord has several options. In this case, it is easiest if the tenant is flexible and can stay with a relative, not pay rent, and move in once the unit is repaired. If this is not an option, the landlord can collect rent and lodge the tenants until the dwelling has been repaired. The landlord and the tenant should always communicate clearly about the terms and timelines of the tenancy and repairs.
4. The landlord wants the tenant to stay however the tenant wants to leave
If a tenant wants to leave a destroyed unit, they can terminate the tenancy as long as the dwelling is “destroyed” in accordance with Civil Code 1933. Landlords cannot do the same to a tenant: they must serve tenants with a proper notice to terminate tenancy in accordance with Civil Code 1946. They can, however, get the Building Department to ask the tenant to vacate immediately if the house poses a serious health or safety concern. If the unit is not destroyed, the landlord is still entitled to rent. This rent, however, should be pro-rated to represent the proper value of the dwelling. For example, if the kitchen was the only thing flooded, but the family whose kitchen was flooded and low income and depended on the kitchen to feed the family, the landlord would most likely require the tenant’s to pay a lot less rent because of the importance of the kitchen to the family. If a landlord has questions about this, please contact our office: ###-###-####.
Key Points:
A landlord must serve a tenant with at least a 30-day no cause notice if they require the tenant to move out.
Mutual agreements to terminate the rental agreement are permissible and should be done in writing.
Landlords cannot charge tenants for damages to areas destroyed by the floods. This does not prohibit a landlord from charging a tenant for damages to a second story or any other areas not affected by flooding.
Do I have to pay my rent if my dwelling is flooded and I can't live there?
No. If a tenant cannot use the dwelling they are renting because it was destroyed by flooding, the landlord should not attempt to collect rent for the dwelling unless they intend to provide the tenant with lodging. If only part of the dwelling is damaged, the landlord can only collect pro-rated rent for the unaffected portion of the dwelling. We encourage landlords to provide their tenants with transitional lodging if necessary and possible. This, however, is not required unless the tenant paid rent as the unit was damaged and not repaired.
My home was not flooded, however, when it rained water came in through the walls and ceiling and destroyed my possessions. What are my rights?
In accordance with Civil Code 1941.1a, landlords are required to provide their tenants with "Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors." If the tenant's possessions are damaged as a result of repairs the landlord knew they needed to make yet neglected to make before the rain, the landlord could be held liable for the damages suffered by the tenant.
Can I get out of my contract because my unit flooded?
Yes. If the flood has displaced you and your dwelling has been destroyed and needs to be repaired before it can be re-occupied, you should consider finding a new rental. You should communicate with your landlord if you intend to vacate -- it is always best to keep landlord's well informed of everything having to do with the tenancy. Two popular websites that advertise housing in Napa are: the Valley Classifieds and craigslist.org.
The legal basis for the annulment of the contract is based on Civil Code 1932 and 1933. The Code states that a tenant ("hirer") may terminate their agreement as soon as they are no longer receiving the "thing" (dwelling) for which they paid, which in this case was presumably destroyed by the flood. To ensure that this is a correct claim and the dwelling has been destroyed, the tenant should call the Building Department and ask them to inspect the dwelling.
We need to move but we don't have any money. What can we do?
If your dwelling has been flooded and destroyed, forcing the tenant to have to vacate the dwelling, the tenant should not pay January rent. Since the tenant may be unable to stay in the unit as it is being repaired, the tenant should begin looking for either transitional or permenant housing. Hopefully future landlords will understand the circumstances and permit tenants to occupy the dwelling understanding that the tenant may have to make payments in order to furnish the landlord with a security deposit. Ideally, if the dwelling is totally destroyed, it is fair to assume that the landlord will have to redo the entire house – replacing floors and walls – and as such, the tenant can only be charged for repairing damages to areas not affected by the flood. As such, it is in the landlord and tenant’s best interest to return the tenant’s security deposit as soon as possible, enabling the tenant to begin paying their new security deposit. The tenant, with January’s rent and their security deposit should have enough money to move elsewhere, and if necessary should have enough money to begin negotiating with a future landlord to move into a dry dwelling.
Is the landlord responsible for paying me for my damaged possessions?
The landlord is not responsible for compensating tenants for their lost possessions or moving expenses resulting from the recent flood. The landlord is only responsible for damages created or aggravated by the landlord's negligence (ie, failure to fix a hole in the roof resulting in a rug being destroyed by rain water). As such it is a tenant's renter's insurance policy that should compensate the tenant the damage to their possessions as a result of the flood.
________________________________________________________________________
The information on this website is not to be taken as legal advice. If you have any questions, feel free to contact our office. For legal advice or interpretation of the law please consult a local housing attorney.
1932. The hirer of a thing may terminate the hiring before the end of the term agreed upon:
1. When the letter does not, within a reasonable time after request, fulfill his obligations, if any, as to placing and securing the hirer in the quiet possession of the thing hired, or putting it into good condition, or repairing; or,
2. When the greater part of the thing hired, or that part which was and which the letter had at the time of the hiring reason to believe was the material inducement to the hirer to enter into the contract, perishes from any other cause than the want of ordinary care of the hirer
Blessings....
Talk to an attorney in your area!!!!!
You have rights! Call the California Bar Association - they can refer you to the right type of attorney and the first consultation is usually very inexpensive - I paid $60 to consult with a tax attorney.
Hi AY,
I think you should talk to a tenants rights group or a lawyer. it sounds like the landlord is trying to strong arm you and I am not sure it is legal to do this to you.
E.
I believe you posted something about this a few weeks ago, sorry you are still having problems. You now need to see an attorney. They have no right to ask you to pay the deductable or keep your deposit. I cannot stress this enough, if you give them money you are really being taking advantage of, and using poor judgment by doing so.
I didn't read all of the responses, but my first thought was, you're a renter. Who cares if you left the dishwasher on? The faulty dishwasher is the responsibility and property of the landlord. If you left the dryer on while you were in the yard doing yard work or while you walked out to the mailbox and a fire broke out, does that mean you're responsible for a faulty dryer? I don't think the fact that you happened to be on vacation really matters. I'd speak with a lawyer. Heck, it can't hurt to ask the name of the insurance co. your landlord has and to call them. Landlord's have insurance for this type of thing. It's good you've got renters insurance as a back up. Have you spoken to them to see what there take is on the situation? If you happen to live in San Francisco, the renter's board is viscious! They are super super helpful. Even as a renter in SF in the past, I will say they have too much power over landlords! Your community may have some sort of renters board or renter's rights association. Check with the chamber of commerce. Best of luck to you and I'm sorry you have to deal with this! By the way, as far as charging you rent while you were not living there, but your items were still there, that might be a grey area. HOwever, the reality is that the home was inhabitable.
As everyone else has said, this all sounds WRONG, WRONG,WRONG. Maybe if you installed the water purifier but they did. I would say you are not at fault. ASAP, you need to contact your local rent board, as well as get an attorney & get things moving cuz it sounds like your landlord is already doing that. Best of luck!
Sorry to hear you are having problems with this. First of all you are a renter and that it not your problem. The owner is responsible for the building and anything that is attached to the walls. He/She has to use their own insurance and pay for their own dedutible. Your insurance will cover your personal property. I would tell the owner that you are not willing to pay nor are you obligated to pay. That is why you have insurance. You also need to request the rent money you paid for the days you were not able to live/stay in the atp. regardless if your furniture was there. I would also request your deposit back. I would type a demand letter send it to him certified mail. You can go online and check out sample letters. If they do not return the money by a certain date you will take them to court which my law you can demand double the money. The judge will be on the renters side.
Good Luck
This doesn't sound reasonable. You should look into a Renter's Association in your area. It may go by another name but they are usually staffed by volunteers to give legal counselling to renters when conflicts come up. You should also see if your lease has anything about this. I don't think running the dishwasher counts as negligence in any realm of reasonable. Barring a tenant group, go see a lawyer. It could save thousands.
AY,
consult an attorney, please!!! You are not responsible for this, nor should you be paying their deductible. It's their property and they have to take care of these things. You could even ask your insurance carrier for advice. Most of the time they have legal people who can help you.
W. M
Hello:
I'm an insurance agent and a lot of this does not sound right to me. First your renter's policy should cover your belongings and provide funds for you to live elsewhere, although limited, while the repair is being done. In addition the liability coverage should kick in to help you with the landlord's claim against you. Also your insurance company has the ability to work with or talk to your landlord's carrier to settle the responsibility and/or dollar amount.You need to talk with your agent and get additional help.
Hi AY,
I would talk to an attorney and see what your rights are.
Does not sound fair.
Good luck.
N. Marie
After you talk to an Attorney also consult with a plumber. Water filters are not connected to dishwashers. The fact that the dishwasher was running should not have affected the water filter. It sounds like bad plumbing to me.
Can you get back into the house? If you can take pictures of the plumbing under the sink. Get as detailed as you can. I think the landlord is liable for bad workmanship.
I think you need to get a good lawyer. The flood was due to something your landlord installed...not something you did. Tenants have rights. Good luck.
Hi, I'm so sorry you are being treated in this manner, BET THAT IF YOU LOOK IN INTERNET IN YOUR AREA OF RESIDENCE FOR INFO ON RENTERS RIGHTS YOU WILL FIND SOME INFORMATION THAT CAN HELP. ALSO THERE MAY HELP THROUGH YOUR LOCAL TV STATION. HERE IN CALIFORNIA THERE ARE SOME TV STATIONS THAT HELP WHEN THERE SOME INJUSTICE BEING OMMITED, THEY (GROUP OF VOLUNTEERS)WOULD CALL THE UNJUST LANDLORD AND EXPLAIN IT WASN'T YOU FAULT ETC. AND IF THIS INJUSTICE ISN'T CORRECTED OF COURSE AFTER ALL RECOURSES ARE EXHAUSTED THEN THE STATION COUD TELL HIM (LANDLORD) THAT THEY May go PUBLIC OR MAY BE REPORTED TO THE AUTHORITIES IN HOUSING. AS I SAID I'M IN CALIFORNIA AND MY HUSBANDAND I OWN RENTAL PROPERTY. WE HAVE HAD 2 INCIDENTS IN DIFFERENT HOMES WHERE PIPES BURST, AND THERE IS NO WAY WE WOULD BLAME THE TENANTS, LAND LORD IS TO HAVE INSURANCE ON HIS PROPERTY AND THE TENANT IS RESPONSIBLE FOR THEIR OWN PERSONAL PROPERTY AND THOSE ARE THE ONLY DEDUCTIBLES THEY ARE RESPONSIBLE FOR. OF COURSE THE TENANTS ARE RESPONSIBLE FOR ANY DAMAGE DUE TO THEIR NEGLIGENCE OR IF CAUSED BY TENANTS WETHER ACCIDENTALL OR MALICIOUSLY. IF YOU CAN GET A STATEMENT FROM THE REPAIR PEOPLE OR INSURANCE COMPANY SAYING THAT FLOODE HAPPENED AS A RESULT YOU SHOULD HAVE YOUR BATTLE WON, YOU COULD WITH THAT GO TO SMALL CLAIMS COURT.
I WOULD ALSO MOVE OUT!
"GOOD LUCK" SORRY I'M NOT A GOOD TYPIST
M.O.
Go get a landlord-tenant attorney. Your local county Bar Association will refer you to a reputable attorney who specializes in landlord-tenant law. The landlord is responsible for an uninhabitable apartment, caused by the water purifier that he owned and installed. He is responsible for the damage to your property, not your renter's insurance. He is responsible to put you up in a hotel or motel until he gets the apartment into habitable condition again.
Get a lawyer or get a book (Nolo Press is good for law books) on tenant rights. I think this guy is taking you for a ride. Does your employer offer the additional benefits of one-time consultations on different legal matters through an insurance type program? Mine does and it is really handy.
I would talk to a lawyer, NONE of this sounds right. Most lawyers will talk to you for one hour for free, to me it sounds as if it would be well worth your while....and definitely find another place to live! The whole situation stinks, literally and figuratively.
Talk to a lawyer. We have had issues with landlords before and you would be surprised at what they think that they CAN do that they legally CAN'T. Just because they say they are going to do "such and such" doesn't mean that they have the legal right to do so (even if they have documentation that says they can). You have legal rights as a tenant/renter and you need to find out what they are. Landlords can be pushy and try to intimidate. It is up to you whether you are going to let them intimidate you or stand up for your rights. Good Luck.
T.
Small claims court. Save receipts and paperwork diligently.
You should not have to pay a penny, not a PENNY. All the repairs are their responsibility, and you should certainly not have to pay rent while the unit is uninhabitable, even if your belongings are still there (until you can move them out anyway, or until the unit is made habitable again). They also should refund your deposit. Leaving the dishwasher on when you go out of town is part of normal, daily operations in a house and it is their responsibility if the machine malfunctions -- likewise concerning the water dispenser. Contact a tenants or renters' legal rights organization, and they will have free advice (don't pay for the advice -- it is available free and online). You may need to get a lawyer, which could be free or low-cost as there are organizations that offer this, or it could cost you a lot if you go with a for-profit law firm. You can also read the entire legal code online that pertains to tenants' rights (it's not complicated language and you can find it online -- google your county, i.e. "Sacramento tenants' rights" or some such). Write down every communication that you have with your landlord -- send letters to him by certified mail, return receipt requested. Even doing this might convince him you are serious and that you know your rights. I would absolutely move out and find a different house ASAP. You may not receive your deposit back without a legal battle (again, that could or could not be costly to you), and you might need to resort to small claims court to recoup your deposit. But, even if you do that, and you win, you may still never see your money. The farthest you could go in small claims court is to win, have the court attach his bank account, put a lien on his house, or attach wages. BUT, there are many ways for landlords to get around this -- they empty their bank account before your money is taken out, they evade the wage garnishing, and even with a lien on his house it requires him to sell the house before you see your money. So, don't expect to see your deposit any time soon. But, having a lawyer or seeking legal advice from a legal aid organization could protect you from any legal action he attempts against you! So, move ASAP, but don't under any circumstances pay any rent to this landlord. Just don't take too long to move or he could legally have you evicted for non-payment of rent (without knowing your side of things, the court will just see that you didn't pay rent and award him an eviction order), and you could come back to find your things on the sidewalk and people picking through them and carting them off. I also wouldn't stay in the house even if he claims he will renovate it -- I doubt he would bend over backwards for you to make sure that there isn't mold in the house and with asthmatic children, you don't want to be around mold (even if your children don't have asthma). Good luck. Hope it all works out well.
