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flood and security deposit

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cayla99

Junior Member
What is the name of your state? california

In December of 2001 the renter in the unit upstairs from me had a washing machine malfunction. The result of this malfunction was severe flooding and damage to my apartment. I know that the complex took my neighbors to court and had been given a settlement to pay for all damages to the property. However, repairs were not made. plaster continued to fall from my ceiling. a few lights developed shorts in them, and mold began to grow. Ehe management was well aware of the problem and sent maintence to see what could be done until a proffesional was hired. Maintenece cut numerous squares out of my drywall and cealing. They located large amounts of mold. One of the maintence ladies even gave me a few samples. They filled out a report and gave it to management. After a year of living in this mess, I moved. When I left the apartment two weeks ago.....plaster bubbles were still on the ceiling....along with hanging plaster. Walls still had the holes in them.....mold was growing on the walls and ceiling. My room mate had to move earlier because at the age of 45 she developed asthma for the first time in her life...it has improved since she moved. I feel that at the very least the mold contributed to her problems.

Today I recieved a letter telling me that they were keeping 150 dollars of my deposit for painting and cleaning of the walls that need to be replaced from the flood. they are also charging me for carpet replacement do to the moldy oder of the carpets. I ran a dehumidifier....I took a shop vac and sucked as much water as i could from the carpet....and ran fans 24/7. I feel that since my neighbors had already paid to replace the carpets and walls that i should not also have to pay.
 


abezon

Senior Member
They can only charge you for damages you or your guests caused. This damage was caused by other tenants who were not your guests. Wait until the 21 day deadline has passed and sue them for the $150 plus statutory damages of $600 plus attorney fees and costs. Don't bother trying to negotiate. They're obviously acting in bad faith -- they sued the upstairs tenant and then refused to fix your place for months.

Go to your library & read Cal Civil Code section 1950.5.
Also check out section 1942.4.
 

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