Q: Hi, could I get reimbursed as a tenant from damages resulting from home repairs.
The ceiling at my apartment started leaking. The University has it's own technicians to deal with it, but the repairs took about 6 days, out of which the kitchen and living room where out of order and the entire house of course smelled awfully. I did ask for reimbursement regarding meals at least since I had to buy my food from outside during that entire time but it was denied saying that my contract says the university is not liable for any damages except those from gross negligence. Is there something I could do about this?
A:
As a tenant in California, you have certain rights when it comes to habitability and repairs. While the university may have language in the contract that limits their liability, they are still obligated to provide you with a habitable living space and to make necessary repairs in a timely manner.
Here are a few points to consider:
1. Implied Warranty of Habitability: In California, there is an implied warranty of habitability, meaning that the landlord must maintain the rental property in a condition fit for human occupancy. If the leak and subsequent repairs made your apartment uninhabitable, you may have a case for compensation.
2. Rent Abatement: If the repairs made a significant portion of your apartment unusable, you might be entitled to a partial rent reduction for the duration of the repair work.
3. Gross Negligence: If you can prove that the university was grossly negligent in addressing the issue or in the repair process, leading to prolonged inconvenience and additional expenses, you might have a stronger case for reimbursement.
4. Renter's Insurance: Check if you have renter's insurance, as some policies may cover additional living expenses incurred due to uninhabitable conditions.
Consider the following steps:
1. Document the issue thoroughly with photos, videos, and written communication with the university.
2. Review your contract carefully and consider seeking legal advice to understand your rights and options better.
3. Negotiate with the university, presenting evidence of the inconvenience and additional expenses you incurred due to the prolonged repairs.
If the university still refuses to reimburse you, you may consider filing a complaint with the California Department of Consumer Affairs or pursuing the matter in small claims court. However, weigh the potential costs and benefits before proceeding with legal action.
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