Is a landlord responsible for losses resulting from their negligence?
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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 13 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.
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