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  1. #1
    Join Date
    Dec 2008
    Posts
    9

    Default Maintenance Negligence Ruined My Personal Property

    My question involves landlord-tenant law in the State of: California

    Our maintenance guy replaced my garbage disposal, didn't punch out for dishwasher to drain, so dishwasher flooded floor and countertop (weird, yes, but the entire counter above dishwasher had about an inch of water), ruined a near-new book and miscellaneous papers sitting on the counter.

    I called the prop mgr the night it happened. No reply (not just about the book but the whole situation). A couple days later I left another message, then saw the maintenance guy in the hall when I got home and he fixed the disposal (admitting he installed it wrong). The manager never called back about my book or the flood. (Pretty typical.)

    Next rent check I deducted for the book, attaching a breakdown of the price ($33) and tax, and a photo of the (warped) back cover with price. I don't have renter's insurance and I'm told this, being maintenance negligence, would not be covered anyway.

    A day or two later she (prop mgr) calls my sister in NY (!) and when she finally reaches me says we didn't discuss this. Yeah, why is that? Because you didn't call back about it.

    She said she needs the book (fine with me) and a receipt for the REPLACEMENT book. I have no time to go buy it now (I work full time and am in grad school). Isn't it enough for her to get the book with the price on it?

    In a similar vein, my roof leaks every time it rains and she has not had it fixed despite numerous calls. The closet where the leak comes in is beginning to smell musty. I know it should be in writing; I mentioned it in one letter mostly about another matter that I mailed to a PO box on their website. Other than that it's all been phone calls. They don't give us a street address. Can I call a roofer and deduct it from my rent?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    64,895

    Default Re: Maintenance Negligence Ruined My Personal Property

    You've already told us that getting the book with a price tag is not enough for this person. She's willing to reimburse you for the cost of replacing the book, but isn't interested in paying you the full retail price of a book that you have no intention of replacing. You can see if she'll meet you in the middle, if you document the value of a used copy of the book in a condition similar to that of your copy before the water damage. (If you want to replace the book and can't get to a store, I can point you to dozens of online book vendors.)

    If you gave your landlord notice in passing, buried in a letter about another matter, that your closet sometimes smells musty, it's time to consider making a proper report and request for maintenance. Having a musty closet is not on its face something that substantially breaches the implied warranty of habitability. Read this.

  3. #3
    Join Date
    Dec 2008
    Posts
    9

    Default Re: Maintenance Negligence Ruined My Personal Property

    Since then it rained again and rain absolutely POURED into my apartment. As far as I can tell, still no repair to the roof. It's not a musty smell alone, but the possibility of mold forming and also, they themselves warned me in my lease not to mess with the walls or ceiling and to report leaks asap because there is very likely asbestos in the ceiling. Having a secure roof over one's head is a pretty basic need. Are they waiting for the whole roof to cave in before they fix it?

    They took out my closet carpet and replaced it after airing it out, but I've not seen roofers. I can't send anything to them certified because they hide behind a PO box, which is not even legal according to the Calif DRE.

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