Landlord blaming me for leakage

I was renting a condo (from the condo owner) in LA. The unit downstairs complained of leakage from the bath tub/ bathroom in April 12. My landlord came to my condo and claimed to fix the leakage. The problem recurred in July/August and the landlord came over again to my place and 'seemingly' fixed the leak. When I moved out of the place on November 30 (the last day), the tenant below came and complained about the leakage again. The landlord is accusing me of somehow being responsible. He said that he put a seal around the tub and now a part of the seal is missing (this is after I moved out and handed him the keys). BTW, he also did not respond to my request (telephonic) for a walk-through before moving out.

Los Angeles, CA -

Attorney Answers (2)

Thomas Anthony Schaeffer

Thomas Anthony Schaeffer

Landlord / Tenant Lawyer - San Diego, CA

Well, I'm not sure there is really a question in there but I'd suggest that you aren't out any $ unless he withholds your security deposit or sues you for the cost. Without a final walk through and with the long history of leakage, I'd say he'd have a hard time proving that it was your fault... even with a missing piece.

If he damages you, I'd suggest contacting an attorney in your area.

Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.... more
Richard C Koman

Richard C Koman

Landlord / Tenant Lawyer - Santa Rosa, CA

Well, it's a bit more dire than that. It sounds like there is serious leakage in the downstairs unit and that could result in anything from the tenant's annoyance to serious water damage/mold/etc. The downstairs unit may sue the landlord. Assuming he has insurance, they will handle the claim. From what you're saying I doubt any lawyer would seriously think they could transfer liability to you. So, in all likelihood, not much to worry about.

Of course if LL uses this as an excuse to withhold your deposit you're probably in the right to reclaim.

Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No... more

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