After damage, who picks up the pieces?

Question: My landlord recently had my apartment repainted. I covered my valuables, but the painters broke two souvenir plates. Who is responsible?

Answer: Assuming the plates were broken due to the negligence of the painters, they are liable. Because the painters were hired by the property manager, she is responsible for their negligence. Who is responsible for compensating you may depend on the contract between the manager and the painters.

It would be unusual if the manager or the property owner waived the paint company’s liability. It is more likely that the contract requires the painters to accept responsibility and to hold the property manager harmless from any liability.

Contact the paint company to determine what it believes is its liability and whether it is insured for this type of loss. If the company refuses to cooperate, contact the property owner for possible compensation because the manager is separately liable to you, regardless of her agreement with the painters.

You can proceed into Small Claims Court, where maximum judgment allowed is $7,500.

Options to fix a notice mix-up

Question: I own a duplex and decided to do a major remodel on one of the units. This required that the unit be vacant, so I served the tenant with a 30-day notice to move by the 15th of the following month. The tenant didn’t pay the next month’s rent, so I served a three-day Notice to Pay Rent or Quit. Instead of writing in what she owed for 15 days, I inadvertently wrote in the amount for the full month’s rent.

When she came to pay the amount on the notice, I realized my mistake and refused to accept it. She was firm in saying I had to accept the full amount. I did and then immediately re-served a 30-day notice to move. I had to reschedule several contractors that cost me not only time but also money. Was there anything else I could have done?

Answer: Obviously, the tenant saw a way to delay her move. However, you had other options.

Perhaps you could have offered her something in return for not paying the full amount -- such as a shorter time to settle her deposit than the 21 days that Civil Code Section 1950.5 allows.

Or, if she still insisted on paying the full amount, you could have served another three-day notice with the correct amount. That way, the tenant would have had extra time to pay the prorated rent amount, but it would have reduced the time and money you expended with rescheduling the work.

Project Sentinel is a rental housing mediation service in Sunnyvale, Calif. Questions may be sent to 1055 Sunnyvale-Saratoga Road, Suite 3, Sunnyvale CA 94087.