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.
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.
Repair and Maintenance: Water Damage/Mold/Asbestos Abatement Process
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