If there was accidental water damage to my rental premises (due to my neighbor’s washing machine) is my landlord supposed to make the repairs?

If there was accidental water damage to my rental premises (due to my neighbor’s washing machine that overflowed and leaked under the wall onto my carpet), is my landlord supposed to fix the damage or am I supposed to get the neighbor whose washing machine caused the damage to do the repairs? Does the “damage to premises” clause in my lease apply here? Am I able to claim pain and suffering compensation for the inconvenience of having them perform the repair?

Asked on July 4, 2012 under Real Estate Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The landlord is responsible for repairing the water damage to your rental from the neighbor's washing machine.  I don't know what the specific language is in the damage to premises clause in your lease, but you would not be liable for the water damage caused by the neighbor's washing machine.  No, you would not be able to receive compensation for pain and suffering for the inconvenience because compensation for pain and suffering is applicable in a personal injury case.


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