Water Damage and Rights of the Tenants

Water Damage and Rights of the Tenants

Water damage has devastating effects on the apartment in which you are living. It has short term and long term consequences. Short term effects are that the home becomes unlivable and the property and precious belongings are destroyed while the long term effects are mold growth. That in turn causes health problems that affect both human beings as well as the pets.

Tenant Rights

  • Expulsion

It is the duty of the landlord to repair the damage caused by the water or pay an amount to the tenants so that they could repair it themselves. US and other developed countries provides basic rights to the tenants in case water damages their property. The basic right of every tenant is that their landlord cannot expel them from the apartment until and unless it is completely destroyed or not in a condition to live. Some exceptions are there if your landlord has the written statement/permission to evict you in case of the partial damage. But he has to give you a 10 day notice so that you can easily leave the apartment.

  • Rent of the water damaged apartment

The tenant does not have to pay the rent for the water damaged apartment. In the month in which the apartment gets damaged is not the rentable one, until the apartment is repaired.

  • Cancellation of Lease

The tenant can cancel the lease if the apartment gets damaged by the water (partially or completely). If the destruction is severe (whole apartment is destroyed) then the tenant can cancel the lease but if the destruction is small like ruining of a carpet then tenant have no right to cancel the lease. For making a case before the court tenant must be fully prepared.

  • Water Damaged Repairs

The landlord is bound to bear the repair expenses and to fix the damage as soon as possible and call Seasoned Companies like los angeles damage restoration service. He is bound for reparation of walls, balconies, doors and rooms but not for your personal belongings (carpets, curtains, furniture etc.). The only exception to this case is that if the damage to your personal property is caused by the negligence of the landlord.

  • Delayed Repairs

The tenant can cancel the lease if the landlord is delaying in the repairs and is reluctant to fix the damage. The tenant has a right to make repairs and then deduct theses expenses from the monthly rent. In either case, the tenant have to prove that water damage is severe and not to the personal belongings.


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