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What is the Proper Process for Repairing Water Damage in an Occupied Rental Property

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  • 10-02-2016, 01:50 PM
    mr.bungle
    What is the Proper Process for Repairing Water Damage in an Occupied Rental Property
    My question involves landlord-tenant law in the State of: California

    This morning I discovered a hose on the hot water heater burst and sprayed water overnight throughout the garage. I immediately contacted the landlord who sent a plumber to fix. The plumber recommended the landlord send an emergency water damage service person out to inspect for water damage.

    He determined using an infrared camera that there were several wet spots in the wall and platform the water heater is on, among other locations including the wall that connects to my kitchen and livingroom. He called my landlord and recommended a regimen of fans and dehumidifier to dry the water, and then to have a licensed contractor come in to (per the law due to the building's age) take samples of the drywall to determine asbestos, and also to test for mold.

    My landlord basically told him to pound sand and that she would have her own crew come rip everything out and re-drywall. From my experience, this is not the correct way to repair this and i am unsure of the legal implications. I have two school aged children and their health and safety is my main concern. I have been through this process previously at a property I owned at the time and i recall there is a very specific process outlines to properly repair and test this kind of damage.

    When I questioned her on the process, my landlord told me that if I didn't like how she was to repair it, I could give her 30 day notice and break the lease, then move out without penalty. This struck me as quite telling. As if she knows it is not the correct way and she knows she is wrong. I don't like feeling threatened by her. I don't like risking our family's health for their shortcuts and cost cutting.

    My question to the Expert Law forums is: is what she doing legal? Is it safe at all? Should I hire a lawyer and is it worth it? My lease is up in May so we have a fair bit of time left here so I want to make sure we are safe first and foremost. I also fear for the folks who rent here after us because they should be entitled as well to the repairs being done safely and properly. This is why regulations exist. I know CA is very tenant friendly but I want to do this without her feeling attacked. I want her to know I am aware of my rights and what I am truly entitled to, so I want to educate myself. I tried looking on the DCA website but it seems to be down.

    Edit: I have renter's insurance. Do I file a claim?

    Thank you.
  • 10-02-2016, 05:27 PM
    Mr. Knowitall
    Re: What is the Proper Process for Repairing Water Damage in an Occupied Rental Prope
    You will need to talk to the building inspector for your community to find out what actions are required on the part of your landlord. If the construction occurred after 1978, there shouldn't be any asbestos in the drywall compound. If earlier, then the building department should know exactly what is required for a building of that age.

    If the drywall is removed along with any other wet materials so that the wall space doesn't sit wet long enough to form mold, then mold should not develop from the new leak.

    You can see if a lawyer will give you a free consultation to discuss your situation. If so, following consultation you can discuss what the lawyer might be able to accomplish for you and what it would cost, then determine if you want to hire the lawyer.
  • 10-02-2016, 05:45 PM
    mr.bungle
    Re: What is the Proper Process for Repairing Water Damage in an Occupied Rental Prope
    Ok thank you. I will contact the city tomorrow because the condo was constructed in 1972 I believe. The handyman she hired today is currently drilling holes in the drywall and he is going to place a fan or two near said holes in an attempt to dry it out. He said he is going to come back in a couple days to "test" it. When asked what was involved with testing, he didn't really have an answer. From my previous experiences, the contractor has used a meter that is non-invasive and measures moisture along the surface. This guy had no idea what that was. Also he mentioned they would not test it for asbestos or mold and currently he is disturbing (drilling into) the drywall without considering the correct protocol. I'm fairly sure it is not to code/process and I worry for my family's health. Likely we will be ok but even so, this is not acceptable to me to be put in this position.
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