Suggestion need for property damage during the rental

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Suggestion need for property damage during the rental

We have been renting this house for 2.5 years and are currently under month-to-month lease.The engineered wood floor of the kitchen was damaged and the property manager asked us to pay for the repair/replacement. We disagree since we feel it is due to the leakage under the kitchen sink last year not a few times of damp mopping by us. So who should pay for the cost? If we can not agree with each other, how should this be resolved? For the worst case, should we pay the entire cost or partial? Is the property manager entitled to evict us because we can not reach an agreement? Thanks a lot!

Asked on May 11, 2009 under Real Estate Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Hi there.  You mention a leak under the kitchen sink.  Ask yourself these questions:

1. Did you inform the landlord/property manager of the leak?

2. If you did, how many times since the initial time you figured out/notice the leak and how did you notify? Do you have anything in writing giving notice? If so, did the landlord do anything or respond? Did he or she attempt to repair the leak?

3.  Once you know the answers to above, you may need to review information at the California Dept of Consumer Affairs and inquire with that dept about your next steps. 

4. If it turns out you do need to protect your rights by hiring an attorney (preferably one with landlord tenant expertise/experience), try www.attorneypages.com and then research his or her disciplinary record under attorney search at www.calbar.ca.gov.


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.

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