Landlord Negligence-Do I Have A Small Claims Case (Los Angeles, Long Beach: apartment, renters)

[CupofCoffee]

I returned home from work one evening a few months ago to find a broken window at my apartment. A unique design that needed a professional to repair. I informed my landlord and he said he would have it fixed. Weeks passed and the window was not fixed and I asked again. I asked again and again and in essence the landlord just blew me off.

Unfortunately, one day last week, someone broke into my apartment--accessed through the broken window. Items were stolen and the apartment was trashed. I had to go to work in the morning so I called my landlord and informed him of the burglary and asked him to secure the property immediately. When I came home the landlord hadn't done squat to repair the window. I called again and again and all of a sudden the landlord decides not to return my phone calls.

Yesterday, I return home from work to find the window boarded up but my apartment had been trashed again and even more items stolen. The landlord claims he boarded the window in the AM after I left for work but that he didn't notice that the apartment had been broken into yet again and trashed.

I lost hundreds of dollars worth of merchandise due to the landlord's negligence yet now he can call me about getting his rent.

Do I have a basis to hold the landlord accountable for the value of what I lost?

[FloridaandOhio]

I would have gotten Renter's Insurance once I noticed the broken window a few months back. That way at least you would have protected yourself financially. But I do think you have an easy case if you can document your landlord's negligence with photo's of the broken window (preferably before and after the break in) and documentation that you called him.

[DontH8Me]

Put it in writing, put it in writing, put it in writing. No phone call, unless recorded, ever happened - in court at least. Classic he said she said. Your landlord didn't do diddly because he knew you never sent a written notice about the broken window.

Please read your renter's agreement - it should have the info on how to handle such a situation. Another useful tool for renters is to know renter's rights - this webiste should help:

California Tenant Law - Free legal advice for California renters

[CupofCoffee]

Thanks for the insight. This is my first apartment and I guess I'm learning the hard way.

[LASam]

Technically, the landlord violated their warranty of habitability. You, as a tenant, are entitled by law to a livable, safe and sanitary apartment. Were you to fix the window yourself and deduct the cost of the repair from your rent, you would typically be within your rights. Now, regarding the loss from theft, I'm not sure if you can hold the landlord liable for that. Renters insurance would be the safe bet there. Any lawyers on here that agree or disagree with what I believe is correct?

[LASam]

Check this out...

California Tenants - California Department of Consumer Affairs

[NefariousTheos]

Like donth8me said if it wasnt in writing can you prove that the landlord was Negligent? if not then you really dont have a case or you need to get a good lawyer. Typically you need to give 2 writen notices and enough time to get it fixed, typically 2 weeks worth of notice first before getting the work done yourself and deducting it off you rent..
Good luck with your case..

[greggd]

Need to correspond in writing or at least back it up with a letter.

Also consider calling the Los Angeles Housing Authority. Your complaint is attached to the property address.

Any leads on who may have entered the unit?

[CupofCoffee]

I think I'm going to try to "reason" with the landlord but I wish I had more of the law on my side. I suspect teenagers in the building who know when I leave for work--and the fact that they stole video games, IPODs and other electronics. The unit is in Long Beach, CA 90813. I filed the police reports.

[CESpeed]

This will be a case of comparable neglience. You have a duty to mitigate your damages. A judge will say that you could have had the window repaired/boarded yourself and deducted the money from the rent. I'm not saying don't sue the landlord, I'm just saying be prepared to take some responsibilty for the break-ins.