Are Landlords Responsible for Water or Flood Damage?
Growing Risks of Flood Damage
As weather grows more extreme, recent years have seen record rainfall and flooding conditions in California and across the country. If you are a tenant in California, you may have been forced out of your because of poor building protections from the weather conditions. As these conditions continue to be more extreme, it is important to know your rights.
What are the Dangers of Flood Damage?
Sustained water damage is a vital health issue. Flooding could result in structural damage like roof collapse. Water damage from flooding can cause mold to grow within your living space. This can lead to allergies, respiratory issues, or even attract pests.
What Protections Do Tenants Have from Flood Damage?
According to California Civil Code Section 1941, your landlord must provide tenants with a habitable living space and repair any issue that might damage that space or make it unlivable. This includes water and flood damage. The only exception is if the issue was caused by a tenant, a member of their family, or a guest. It is up to you, the tenant, to report any damage to your landlord as the repairs are needed. You should do this through the information that your lease agreement should have provided you.
What if Landlords Don’t Repair Flood Damage?
If your landlord refuses to repair the flood or water damage, you have a number of options. Because flood damage is a public health issue, and landlords are required to ensure a livable space, tenants may do any of the following:
- Withhold rent
- Move out without notice
- Sue the landlord
- Call public health inspectors
- Exercise “repair and deduct” rights
Rent Withholding Solution to Flood Damage
The tenant is legally allowed to withhold rent if their landlord does not make repairs after water or flood damage is reported. If you exercise this remedy, do not spend the money you withheld. You should deposit this money in an escrow account or speak with a lawyer about how to proceed.
Repair and Deduct Solution to Flood Damage
If the landlord refuses to make repairs or payments for flood damage, you can deduct up to one month’s rent to pay for the repairs if they are causing the space to be unlivable. The flood damage must be serious enough that it is affecting your health and safety. To check if this is true, you should speak with one of our experienced tenants lawyers before making the decision to deduct your rent and repair the damage yourself. You should be careful because if you wrongly withhold payment, you may be evicted.
Abandonment Solution Flood Damage
If the repairs would cost more than one month’s rent, you can move out of the unit to protect yourself from the unlivable conditions.
How to Seek Remedy for Flood Damage?
You should speak with one of our experience attorneys to seek remedy and to see if you are eligible for damages. They would cover not only the existing cost of the repairs, but also make your landlord pay you extra.