Is a landlord responsible for losses resulting from their negligence?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is a landlord responsible for losses resulting from their negligence?

My apartment had water leaks on the roof. There were no action taken after informing the apartment maintenance. After 4 days the roof collapsed in my bedroom. Luckily my yr old son just walked away from that room. I could not go to my work for 2 days and it has caused a lot of inconvenience to me and it’s going to take 2 weeks before the repair is done. Can I file a claim in small claim court for the negligence and the money that I lost as a result of absence from work.

Asked on March 29, 2011 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, a landlord could be liable for injuries or damages caused by its negligence in maintaining property or making repairs. You could look to sue the landlord for lost wages, for any property damage, and for any additional out of pocket costs you've incurred (such as the cost of staying in a motel, or extra travel costs if you've living with family friends in a town further from work). What you can't sue for is the inconvenience--there is no recovery for having to rearrange you life or being put out. The only recovovery is for expenses, costs, damages, etc. If the amount is under the limits of your small claims court, you could sue there. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption