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Over break, I was back home--away from my apartment near school.
Apparently, there was some kind of water-related leakage that prompted by manager to bring in hired workers to repair the carpet. All this w/o notifying me (which I understand is allowed if the circumstances are under "emergency" situations).
During the repair, my belongings were rearranged AND a theft occurred (will not disclose the amount, but it is a grand theft).
My manager let in the hired workers and theft occurred.
Under normal circumstances, I understand that theft is not something that I can hold the management accountable for. However, this happened after a deliberate entry allowed by the manager; do I have a case for breaking my lease?
I've checked out every tenant-rights website out there and seems like I have a decent grounds to break my lease for the manager has breached the "implied warranty of habitability."
Please, I want to get out!
*details slightly obscured for protection.
I do not believe that, legally, the landlord can be held responsible for the theft. You cannot be responsible for another human being's actions. This is why most repair companies are insured and bonded because nobody can be responsible for another person's actions.
As far as breaking the lease, you would have to take this to an attorney. My thoughts are that you need to sue the landlord for his negligence in failing to supervise the repairmen while they were present in your apartment. That if he has access to any apartment to take care of "emergencies" that he has the obligation to ensure that reasonable care is taken to safeguard personal items.
I would suggest that you sue for the amount remaining on your lease pluse 10% for the "emotional suffering" that you experienced when your personal items went missing and the fact that you feel "violated" by some stranger making off with your prized possessions.
Most likely your attorney (and his attorney) will come to a settlement that you will be let out of your lease obligation. Then, of course, your insurance company will SUE the landlord's insurance company to recoup their loss, and that will be a sweet victory for you.
Thank you for your extremely clear advice. I understand that most landlord/tenant laws heavily favor the LL, but in this particular circumstance it is ridiculous that one might get away with such negligence.
This is probably what I'll be doing:
"sue the landlord for his negligence in failing to supervise the repairmen while they were present in your apartment. That if he has access to any apartment to take care of "emergencies" that he has the obligation to ensure that reasonable care is taken to safeguard personal items.
I would suggest that you sue for the amount remaining on your lease plus 10% for the "emotional suffering" that you experienced when your personal items went missing and the fact that you feel "violated" by some stranger making off with your prized possessions."
To begin with, I do not have renters insurance--to be frank, this is my first time living "away" (independent from school grounds).
As noted earlier, I did file a police report and since the theft involved a bank as well, paper trails would lead invariably to the thief.
In regards to the responsibility and the burden of proof to show that the LL is somehow related to all this, I have witnesses and the LL herself that hired workers were allowed entry during the time of the theft.
The date in which the theft occurred can be easily traced since the bank notified me of suspicious activity.
Under the Civil Code 1942, do I have enough legitimacy to break the lease? (Crime on property)
I think this is going to be tricky.
Based on this sentence;
Quote:
The date in which the theft occurred can be easily traced since the bank notified me of suspicious activity.
it appears that money was taken from your bank, and not from your apartment. Your contention seems to be that one of these workers was somehow able to access your bank account using information that he got from your apartment. Do I have that right?
I expect that you would have to prove that the ONLY way someone could have gotten access to your account was using the info taken from your apartment, and that being in your apartment on that day was the ONLY way they could have gotten it. While it may be valid logically to link the people in your apartment with the bank theft that occurred, I don't see how such a thing can be proven, unless the actual thief is caught.
As mentioned in my first post, details are obscured for my protection--who knows what could be read and found online these days. But rest assured, it's not a mere access to my bank account.
To begin with, I do not have renters insurance--to be frank, this is my first time living "away" (independent from school grounds).
As noted earlier, I did file a police report and since the theft involved a bank as well, paper trails would lead invariably to the thief.
In regards to the responsibility and the burden of proof to show that the LL is somehow related to all this, I have witnesses and the LL herself that hired workers were allowed entry during the time of the theft.
The date in which the theft occurred can be easily traced since the bank notified me of suspicious activity.
Under the Civil Code 1942, do I have enough legitimacy to break the lease? (Crime on property)
We had a fire in my fraternity in college. A lot of the guys' parents homeowners insurance covered their belongings because they were dependents of their parents. My stuff wasn't covered because I went to school out of state. Just make sure to have your parents check to see if thats an option for you.
You might be able to get away with breaking your lease, but you will probably have a hard time recouping any of the losses incurred from your theft. Most college apartments are owned by scumlords with no souls.
You might be able to get away with breaking your lease, but you will probably have a hard time recouping any of the losses incurred from your theft. Most college apartments are owned by scumlords with no souls.
The first sentence is rational. The second is a redundant and irrelevant generalization.
Reading through this, it seems there is a hidden agenda. You had theft, Ok, sorry to hear that, it sucks and the LL may or may not be responsible. BUT your main thing seems to be determining if this gives you cause to break your lease, i.e. the theft is secondary and you are really looking for an out from your lease, or am I misreading things here?
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