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Old 08-15-2015, 08:43 AM
 
1 posts, read 1,165 times
Reputation: 10

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My landlord hired a painter (unlicensed) to paint my apt. My tv was stolen while he was in the apt. The painter actually is a tenant as well. The apt was left open by the painter who was given access by my landlord. Is the landlord liable? Is the painter liable? Clearly there is obvious fault here ( painter left doors open) but what does DE law say about liability in this matter? Anyone?
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Old 08-15-2015, 10:26 AM
 
9,091 posts, read 19,236,463 times
Reputation: 6967
Hopefully you have renters insurance, you should.

Typically the liability is on the painter. If they are unlicensed and uninsured you could go after the landlord for hiring them.

None of this happens quick though
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Old 08-15-2015, 10:49 PM
 
Location: Long Neck , DE
4,902 posts, read 4,220,694 times
Reputation: 8101
Did you contact the police regarding stolen property?
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Old 08-16-2015, 02:31 PM
 
Location: Land of Free Johnson-Weld-2016
6,470 posts, read 16,417,000 times
Reputation: 6522
I'm not sure if anyone is liable other than the thief. If you wanted to push it legally, you could probably go to small claims court and sue because of negligence. I'd try talking to the landlord first. Your TV was stolen because the painter left the door open. Your TV will cost X to replace, and you'd like to be reimbursed since the thief got in through the door left open.

If the landlord does not want to pay then you can try the painter. If neither wants to pay, you can check with a lawyer and go to court. Usually for small claims, you do not need a lawyer, but you can call one for advice anyway.

This may damage your relationship with both the landlord and/or the painter, but it may be the way to go if they don't pay. What may happen is once they get the summons to court they will offer to settle with you. Best of luck. Sorry for your loss.
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Old 08-17-2015, 07:35 AM
 
407 posts, read 968,167 times
Reputation: 352
Sounds reasonable, but also realize when you are asked for proof...or even a simple question like...."who stole the tv" or "when was it stolen", you don't really know. I am not saying this to be contradictory...we all know what happened (kinda), but that sometimes is not good enough for a court depending also on the judge. Good luck.
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Old 08-17-2015, 11:36 AM
 
Location: Mill Creek Hundred
310 posts, read 778,535 times
Reputation: 559
You could contact a lawyer. Just a thought...
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