Flood and rent increase

[Shilinn]

My husband and our 4 kids have rented the house we live in for 5 yrs. The plumbing has always been a source of misery to us. The downstairs toilet has overflowed more times than I can tell you. We've fixed it every time but we knew something must be brewing in the pipes or somewhere else very major. We've constantly told the owner about the problem but basically it's fallen on deaf ears. (she lives practically in Oregon, we're in So. Calif.)Anyway on April 20th 2002 while our family went to Disneyland for the day (we left at 10AM)we came home at 10:30 PM). We came home to 4 inches of putrid water all in the downstairs area it was coming from the same toilet we were always worried about.We called a good friend who's also a handyman and he came over with a carpet restoration friend of his and they cleaned up the water, removed all the padding and set high powered fans upto dry 16 yr old carpet. I called the owner next day..said she'd call insurance co. Never before the disaster did she say she was raising the rent. Long story short..the same morning ,property manager comes saying the owner is raising the rent from 1450.00 to 2100.00 Is this legal to do after a calamity? We have two months to find a new place.

 

[Michael Wechsler]

What was your rental agreement with the landord? Was it month to month? If it was, you will likely have to make a decision since the landlord can raise the rent. Obviously, you probably want reimbursement from the landlord for your damages or may think about withholding the rent. If you stay longer than the two months and your damages are not paid (and abated by not paying the rent), the landlord may wish to bring an eviction action against you but will have little to stand on since landlord-tenant courts are supposed to expedite the process but also protect the tenant. It is likely to result in a settlement, e.g. that you stay an extra month or two rent free or at a reduced rent. Evictions cost money and the landlord isn't guaranteed of obtaining reimbursement for legal fees.

 

[Shilinn]

Flood Rent Increase

Thank you for your reply. I'm sorry, I forgot to tell you we have a lease that we sign for a year (pay every month). We didn't have renters insurance but by the same token she ignored a problem that led to the flood by not investigating the plumbing as she should to make this house habitable. We paid Mays rent (1450.00) but we feel we should get an offset for our damages because of her negligence that caused the flood! No one can predict such a disaster, but we told her enough times there was a problem in that particular bathroom. She made us "band-aid" fix the toilet because she felt nothing was seriously wrong. The 1 clause in the lease says she's not liable for our damages in case of earthquake, water damage etc..but shouldn't it be a consideration for damages paid to us because she knew of a potential major problem and made us "fix" the problem ourselves?The house is 30 plus years old and hasn't had new plumbing since it was built. Plus the health problems with mildewed furniture is starting to arise with my family. (sore throats, foul smell, headaches, sinus infections where there were no problems before).

 

[Michael Wechsler]

If you complained prior to her about the problem then it isn't an "act of G-d" that you are talking about, e.g. earthquake, etc. Water damage means an unexpected flood in this context. If she was on notice then it isn't unexpected but a matter of time. You have some leverage in forcing her to take you to court if you cannot come to some type of mutually acceptable agreement. I doubt she will receive much sympathy in court if it is the way you tell it.

 

[Shilinn]

Flood-Rent Increase

Thank you for replying! Yes, we have ALL the emails over the last 3 years complaining about that particular bathroom amongst other things as well. She is notorious for avoiding or covering up the problems.

 

[Michael Wechsler]

If she had notice, then it's not a surprise or "act of G-d." She knew about a problem and then it came to fruition and is responsible for the repercussions of her avoiding the budding problem.

 

[Shilinn]

Flood etc.....

Thank you!! Now we know we aren't crazy for thinking she had some responsibility to make this right! We appreciate your time and effort in answering...it's been a slow uphill battle with the owner for 5 yrs. now! Thank you again for your replies and good advice!