Renters Have Rights When the Roof Leaks

A few years ago I returned home from my annual Christmas trip to Boston to find that in my absence, the ceiling over my desk had collapsed and a cascade of water was pouring onto my laptop computer.

But when I asked my landlords to reimburse me for the computer, they refused.

Since the vast majority of West Hollywood residents rent, and we've been walloped by rain in recent days, it's good for us to know who is responsible if there are leaks in our apartments. 

Renting is a two-way street. In return for paying the rent and caring for a place, tenants depend on landlords to provide a home, and there is an implied warranty of habitability.

This precept comes from a California case, Green v. Superior Court, which held that a landlord is legally responsible for repairing conditions that seriously affect a rental unit's habitability.

The landlord must comply with state and local building and health codes. However, a landlord is not responsible for repairing damages caused by the tenant or the tenant's family, guests or pets. Under the law, a landlord must maintain a unit to keep it livable.

If you have a leak, document it and inventory any damage. Take photos, call your landlord to get it fixed and tally up the amount due you for repairs to your things.

Send a friendly letter to your landlord via certified mail return receipt requested asking for reimbursement under the "implied warranty of habitability."

As far as my landlords were concerned, as soon as I had seen what was happening, I took extensive photos including a—pardon the pun— streaming video. I presented the evidence in small claims court and won reimbursement.

Even so, I no longer leave a laptop computer behind when I travel at Christmas.