Can my tenant who flooded my house request me to pay for her hote

Question

I live in California, Los Angeles county. My tenant who rents a room with bathroom in my house broke shower handle and was not able to close the water. She tried to contact me over the phone, however, exactly on that specific day I felt sick and went to bed very early, my phone silenced. However, I live in the same house, my car was in the garage and my TV in my room was on. Even though I was not answering my phone, she could have knocked on my door. She ended up calling the neighbor, who came by and tried to close the main valve. However, he didn't close it completely, and there was still a trickle but not as serious as full blown shower. My other tenant later opened the main valve, took shower and closed it, again not fully, still trickling, it was very hard to close it as it was partially rusted. The first tenant, who broke the handle went to sleep, her bedroom is connected to the bathroom, she took a sleeping pill, maybe smoked weed and passed out. She claims she didn't hear the water overflowing. In the morning I went to check it, 3 rooms were flooded. I closed the shower, snaked the tub to realize it had at least a partial clog issue (the tenant never informed me about that). Her toilet was in horrible state, the flapper was so bad it could not even be attached, the only way to flush was to do it with hands. Another issue I noticed was that she put a shower cap over smoke detector which is totally against the rules and contract we have. Her room is currently being restored, she can't stay there, I offered her to stay in my master bedroom in the meantime, I put new sheets and everything and I stayed with my girlfriend in her house. However, she wants to stay in a hotel. Am I obligated to pay for her hotel, or offering her to stay in my room while her room is repaired is sufficient? My home insurance has gaps ($1000 deductible and $7500 limit). Can I sue her for any expenses out of my pocket?

Nathan Gesner · Answer

The tenant is responsible for the damage. You are not obligated to pay for a hotel or any other inconvenience. She should have renters insurance for such events and it's her issue if she does not.You need to evict her and educate yourself on how to manage tenants. Your lucky this hasn't been worse.

Kyle J. · Answer

@Martin Capanda Sounds like there’s a lot going on in this situation so I’ll just answer your main question and not address everything you mentioned, or whether or not it would even be a good idea to relocate this tenant to your own master bedroom. The answer to your question is no, there is nothing in California law that would require you to pay for a hotel for your tenant in this scenario.

Theresa Harris · Answer

She clearly lacks good judgement-why wouldn't you put a note or let others know there is a problem or even try knocking on your door.You've given her a good alternate option (another room in the house). She could move her stuff in there as well.

Michael Peters · Answer

First if you're considering suing the tenant I would consult with a lawyer. I personally wouldn't recommend it while they are still a tenant and especially while staying in your room. If you want to go this route I would recommend getting her out for damaging the property and violating the lease agreement (smoke alarms).The lease I use, and all those in our area, reimburse no a prorated daily basis. So if your out of the property for 10 days of a 30 day month you would get 1/3 of your rent reimbursed. That would only apply if the relocation was caused by no fault of the tenant. Was there any issues or defects with the shower handle before it was broken? I know you mentioned the shutoff was a little rusted which prevented it from being fully shut off. If it was in working order I hold the tenant responsible for breaking off the handle. It would have then also been their responsibility to #1 ensure you were notified of the water emergency and #2 ensure the water was properly shut off. If you haven't already I would ensure your lease outlines water and heat emergencies and you show each tenant how to use the local and main shut offs at move in.In this situation I would have your plumber determine what caused the handle to break, a defective part or the tenant. If it was the part I would still hold the partially liable for the damage since the water emergency was not adequately addressed causing substantial damage. Under the circumstances I would neither pay for the hotel nor offer the room. Water issues are some of the most stressful events in management and it won't be the last. Making sure you have clear processes, lease terms, and move in directions can mitigate a lot of the headache. Hope this helps and best of luck!