My question involves landlord-tenant law in the State of: California
Over a month ago we got a toy that goes over the spout in the bathtub. We got it so that when our son stood up in the bathtub that he would not hit/hurt himself on the hard spout. A few weeks go by and the landlords (whom live on the main floor of the house) noticed a leak in the garage coming from the cieling.
They called out a flood company at night whom found no source of where the water was coming from. This was all billed as after hours.
Two days go by and the landlords had a plumber come out. The plumber did pressure tests and ran the water in the tub and found no source of where the water was coming from. On the plumber report he stated that he believe that the spout toy and lack of caolking were the "likely" sources for the leak. The plumber never ran the water in the tub with the toy on the spout.
No other plumbers were called out and since no other tests were done.
The landlords put this on there homeowners insurance and recently told us that we have to pay half of there $3600 deductable. They also gave us an eviction notice stating that were being kicked out due to "improper use of the bathtub/shower" because of this incident and because we told them that we didnt feel responsible.
Do we have to pay half of there deductable? Is using a toy that was made for the spout count as improperly using the bathtub?