Manhattan Beach, CA asked in Landlord - Tenant for California

Q: Can I hold my property management company and/or landlord responsible for damage?

My apartment suffered a massive raw sewage leak. Property Management restored the unit with much arguing back & forth. I moved out 8/22 and moved back in 9/20. During my absence, work crew placed sewage contaminated clothing on my bed and placed dry/clean clothing on top and left the pile wrapped in plastic sheeting for 20 days. Upon my move-in, whilst cleaning up and putting everything in order, I noticed my mattress, bedding and roughly half my clothing was covered in black & red mold. This is negligence from the work crew, no? Can I sue for reimbursement by prop management and/or landlord?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Yes, you can potentially hold the property management company or landlord responsible for the damage to your belongings. When they restored your apartment after the raw sewage leak, they had a duty to ensure that the work was done properly and that your property was handled with care. Placing sewage-contaminated clothing on your bed and leaving it wrapped in plastic, leading to mold growth, may be considered negligence.

To strengthen your case, you should document everything, including the damages, the condition of your belongings, and any communications you had with the property management. Take photographs of the mold and keep any evidence that shows the work crew's negligence.

You may be able to pursue compensation for the damages, including the cost of replacing your mattress, bedding, and clothing. Consider writing a formal complaint to the property management company and your landlord first. If they don't respond or offer reimbursement, you could then look into filing a claim in small claims court.

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