Repairs, Maintenance Landlord is charging me fo accidental flood

[Beatriz Velasquez]

Jurisdiction

California

Hi everyone,
A little foundation. I am a 56 year old woman that minds her own business and pays her rent before it's due.
I have been leasing and now renting month to month for six years. Not once have I given my landlord any issues or problems. I have receipts as documentation that I have always paid my rent one to two weeks before it was due, until now, I pay it on every 1st of each month.

My laundry room sink flooded and I wasn't home to be aware of it. Long story short, landlord feels that because it was a wash cloth I accidentally caused this. That's true but now she's offered me to move out without a deposit refund of 1300 or pay for damages at $200 per month for 12 months.
I really love living in this unit and I don't want any stress or animosity. Does anyone know if there is a legal code for this? I want to ensure I am doing the right thing.

 

[PayrollHRGuy]

Do you have renter's insurance by any chance? If so make a claim.

But you admit to doing the damage so you are going to have to pay for it one way or the other. Moving out and losing the deposit sounds like the cheaper way to go. Though I would certainly demand a written estimate of the damages.

 

[zddoodah]

she's offered me to move out without a deposit refund of 1300 or pay for damages at $200 per month for 12 months.

So...the two options are (1) stay in the unit pay $2,400 in damages at the rate of $200 per month for 12 months or (2) move out and pay $1,300 in damages. Right?

That's a pretty wide range between $1,300 and $2,400. Have you seen any sort of estimate from a contractor to repair the damages? Do you want to stay? Do you have interest in moving? Is $1,300 your entire security deposit? Do you have renter's insurance? If so, have you reported what happened to your insurer? While moving, on the surface, seems the cheaper option, how much will a move cost you (between moving services, a deposit at your new place, the costs associated with transferring utilities, etc.)?

Does anyone know if there is a legal code for this?

You mean for the specific situation where a tenant negligently causes damage to leased premises? If so, no.

 

[adjusterjack]

Does anyone know if there is a legal code for this?

It's called common law negligence. Based on the doctrine that a person, whose negligence (carelessness, error, mistake, etc) causes damage to the property of others, pays for that damage.

Almost 4000 years ago the doctrine was included in the Code of Hammurabi in a similar fashion:

55. If any one open his ditches to water his crop, but is careless, and the water flood the field of his neighbor, then he shall pay his neighbor corn for his loss.