Leak Creates a Widening River Between Condo Owner, Tenant

Question: We own a rental condominium where the homeowners association installed a new roof last summer. We thought it was waterproof until it sprang a leak. There was light water damage to the tenants’ dresser, so slight that the tenants did not inform us right away.

We immediately called the property management to have the leak repaired. As luck would have it, there was another storm and it took more repairs before the leak was stopped. The tenants were advised of the status of the leak and were also advised to move their dresser to a dry location until the leak had completely stopped.

The tenants have requested that we replace the dresser with a new one because of the damage. We offered to have the dresser repaired by a professional carpenter. That offer was rejected.

We feel responsible for a portion of the damage, but not all of it. We know that as landlords we have an obligation to provide a waterproof structure, but don’t tenants have an obligation as well to give the landlord prompt notice of a needed repair and also to mitigate their damages? If the tenants take this matter to Small Claims Court, what are the factors the court may consider?

Property manager Robert Griswold replies:

Unfortunately, these cases do often end up in small claims court. There are several factors for the courts to consider, including the tenants’ obligation to notify you immediately and mitigate their damages. In this case, you were not notified for a few weeks after the initial leak inside the unit.

Your situation is further complicated by the fact that your rental unit is in an association. Generally, the roof is a common area that is subject to the control of the homeowners association and the owner has no ability or legal standing to make any repairs directly and must go through the property management or board of directors. Therefore, it is not unusual for a reasonable delay in making the repairs in this type of scenario.

Your tenants should make a claim under their renter’s insurance policy. Nonetheless, it sounds as though you would like to amicably resolve this situation, so you should contact the tenants as soon as possible and seek agreement on a fair reimbursement for damages.

You may also consider contacting your association property manager to find out whether he or she can seek reimbursement for the damage from the roofing contractor. Depending on the cause or source of the leak and the cost to repair the dresser, the roofing contractor may offer to cover a portion or all of the reimbursement made to your tenants.

Check These References on California Law

Q: I am a new landlord. Wherecan I find a good reference book on California tenant-landlord law? I have tried several well-known bookstores to no avail.

Griswold replies:

Four books immediately come to mind. Three are from Nolo Press and can be found on their Web site at https://www.nolo.com. They are “Every Landlord’s Legal Guide” by authors Marcia Stewart and Janet Portman; “The Landlord’s Law Book, Volume 1: Rights and Responsibilities” by authors David Brown and Ralph Warner; and “The Landlord’s Law Book: Volume 2: Evictions” by author David Brown.

You can also contact Nolo at (800) 992-6656 or find these books at your favorite online or walk-in bookstore.

Another book you should have in your library is the “Gold Book” published by the California Apartment Assn. It is available locally from the local apartment association in your area.

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This column is written by property manager Robert Griswold, host of “Real Estate Today!” (KSDO-AM [1130], 10 a.m. to noon Saturdays), and attorneys Steven R. Kellman, director of the Tenants’ Legal Center, and Ted Smith, principal in a law firm representing landlords.

If you have a question, send it to Rental Roundtable, Real Estate section, L.A. Times, 202 W. 1st St., L.A., CA 90012. Or you may e-mail them at https://www.rgriswold.latimes@retodayradio.com. Questions cannot be answered individually.