Is Tenant Responsible for Water Damage in California?

California renter’s rights protect tenants from expensive repair costs, including water damage. If you rent an apartment, house, or other property in California, you may be interested in learning more about California Renter’s Rights.

In this article, we’re taking a closer look so you can answer the question – is tenant responsible for water damage in California?

An Introduction

Southern California experienced torrential rains in February 2017, forcing hundreds of residents to evacuate, opening sinkholes, and causing dangerous mudslides — one of the strongest storms in years for the area.

The meteorologist-described “weather bomb” that came after a five-year drought even resulted in a few deaths after flooding streets and submerging cars.

If you’re a renter in California, you may have been displaced during these storms, or perhaps in another instance where water intrusion from rain, a broken pipe, or a faulty drain damaged your home. You may not know where to turn, but you have legal rights.

Today, we’re taking a closer look at your California renter’s rights and how they protect you from California water damage.

Water Damage and California Renter’s Rights

The California Department of Consumer Affairs has a wealth of information on our state’s tenant laws, including one of the most basic: If your rental unit needs repairs, it is the landlord’s responsibility to complete those repairs under the implied warranty of habitability.

Essentially, if it’s dangerous to your health to stay in your home, your landlord is legally required to find a solution for you.

Is Tenant Responsible for Water Damage?

According to California Civil Code section 1941, the landlord is responsible for providing tenants with habitable living conditions and repair any problem that makes the property uninhabitable, including water damage, with the exception of problems caused by the tenant, guests, children, or pets.

It is, however, up to the tenant to report damages and repairs needed diligently. This information should be included in your rental agreements.

What If My Landlord Doesn’t Complete Repairs?

If you’re living in a rental unit with enough water damage to deem it uninhabitable, you need to act quickly.

The water damage may just be unsightly at first, but it can actually cause health problems for the tenant if ignored. Water attracts mold when it doesn’t have ventilation and the moisture may become a nasty stomping ground for bugs or other pests.

So, what can you do?

According to landlord-tenant law, tenants may withhold rent, move out without 30 days notice, sue the landlord, call health inspectors, or exercise the right to “repair and deduct.”

Here are three things you can do:

1. The “repair and deduct” remedy

A tenant can deduct up to one month’s rent to pay for repairs in the rental unit if they are causing substandard conditions affecting their health or safety. It’s crucial to know the difference between repairs that are minor and those that are actually serious so you can protect yourself from the fallout that may come after implementing any of these remedies. You should speak with a lawyer before making these repairs yourself — even if you won’t need to file a lawsuit, your landlord may try to file one against you or give you an eviction notice based on nonpayment of rent.

2. The “abandonment” remedy

A tenant can move out of a rental unit that needs serious repairs if they would cost more than one month’s rent. Substandard conditions, like a leaky roof, also must be present.

3. The “rent withholding” remedy

A tenant is allowed to withhold rent by law if their landlord does not make serious repairs affecting their health to their rental unit. Additional examples include addressing plumbing blockages; a collapse of your bathroom ceiling; and a continued presence of rats, mice, or cockroaches. Do not spend any withheld rent money — it’s suggested that you instead deposit this money in an escrow account. Make sure to check with a lawyer before proceeding with this remedy, as well.

Tenants should allow their landlord to make repairs in a reasonable amount of time before taking action.

This can be several days to a month for some repairs, but for those more serious that affect immediate health, a couple of days is generally the max.

Get Help from an Attorney Today

Looking for legal advice?

The Attorney Referral Service of the San Fernando Valley Bar Association can help you find a qualified landlord-tenant attorney in California to deal with your water damage issues and help you fight for your tenant rights if your landlord is not completing timely repairs. Water damage can lead to various problems, including physical injuries such as allergy or exposure to pesticides, or psychological injury from stress and anxiety.

Know that landlord-tenant disputes happen and an eviction notice may arise from trying to fight this on your own — we can deal with this for you and make sure you meet conditions to prepare for a lawsuit or resolve your situation outside of court through mediation or arbitration. By winning a lawsuit against your landlord, you may be awarded actual damages plus special damages — the cost of staying at a hotel during repairs, for example — up to $5,000. Contact one of our attorneys today before taking any action against your landlord for failing to make serious repairs to your home.