Theft After Homeowner Left Door Unlocked

[LostInTheSauce]

My question involves personal property located in the State of: AZ

I have relocated for work and just signed a lease in AZ. I am occupying an upstairs bedroom (no lock on bedroom door) of the owners house. The owners live on the main floor. When I returned home yesterday found that my ipad was missing and my laptop internet history had been deleted. Nothing else in the home is missing.
I called the police and filled out a report. The time frame of events does not pass the smell test. The owners husband claims he came home 15 minutes before I did and found the front door of the house unlocked and wide open. But his wife was home all day and claims she may have been taking a nap at the time of the “burglary”. She cannot answer why her two dogs would not have barked and woken her up while a stranger was in the house.
Even the officer looked at the owners and said “really??”.
Long story short, homeowner leaves house to cash a check while wife is resting. Thief enters house and beelines it upstairs, opens my door and takes ipad and deletes my laptop browser history. Thief then exits the house leaving the front door wide open. All this happened in front of two dogs, with the wife in the house during a 10 minute window. Yeah right…..
After further investigation I have found that the husband has a drug problem so I am starting my weekend looking for a new place to stay.
Homeowners have told me they will not reimburse me and I should have had renters insurance. They were upset and claimed ignorance when I confronted them. I have home owners insurance for the state I am from but do not want to pay the $1000 deductable.
Am I out of luck being reimbursed because at a minimum the homeowner left the front door unlocked? Ipad has $800 value and I have receipts. Do I have any other options?

[aardvarc]

Unless police can uncover EVIDENCE of theft, and not just circumstances, such that the state brings a criminal charge, not really. Something smelling fishy, and a prosecutor being able to PROVE a criminal charge, are not the same thing. The husband may have a drug problem, which sets him up as a great suspect - but that won't get him charged unless he can be tied to the stolen item. Wife was home during the whole time, so she had best opportunity - but again, this doesn't PROVE that she took it. Simply leaving the door unlocked, especially when someone WAS home, won't equate to an invitation or liability that would get you a "win" in court. If you're able to uncover what HAPPENED to the ipad, such as a pawn slip, you may be able to take it somewhere - but you've really got nothing but suspicions to go on right now in either criminal or civil court - so your only realistic option is your insurance company or eating the cost of the ipad.

[LawResearcherMissy]

She cannot answer why her two dogs would not have barked and woken her up while a stranger was in the house.

As much as this may upset you, this is not evidence of anything. My dog doesn't bark when people come into my house. You can ring my doorbell all the live long day, and he won't peep. Instead, he'll stand there wagging his tail and hoping that whoever is here is bringing him a treat. Let a dog walk by, though, and he'll bark for a week and try to eat the window.

Dogs might have a rep for barking at strangers, but that's just not always the case. Some dogs are too stupid to be watchdogs.

Am I out of luck being reimbursed because at a minimum the homeowner left the front door unlocked?

Pretty much. The homeowner isn't required to keep the door locked when someone is home - or when no one is home at all, for that matter. It's your responsibility to secure your own belongings in a rental unit, including putting a lock on your door and possibly locking your electronics in a desk drawer or closet when you're not home.

As Catherine notes, you need to have PROOF of where your iPad has gone off to. You'd do well to obtain renter's insurance.

Something else you need to keep in mind: The homeowner has no obligation to let you out of your lease. It may make you feel better to move, but it may be a disaster financially if she refuses to allow you to break the lease. You don't have any legal grounds to break your contract, and you can be held responsible for the entirety of the lease term if you leave.

[Mr. Knowitall]

Make sure you also report the theft as described here. That way, if somebody tries to register it they'll run into a brick wall.

Also, assuming the iPad has not been wiped, borrow an iOS-enabled device and see what comes up via the "Find My iPhone" app.

[LostInTheSauce]

Thanks for the replies. I appreciate what you have had to say. I am on a month to month lease and have already let them know I will be gone at the end of the lease (I have only been at this residence for six days). There will be no problems with that area. I understand your comment on the dogs, but trust me, these ones bark at anything and everything. But I also understand that does not make anyone guilty.

I do have a question about him leaving the front door unlocked. If my room does not have a lock on it how can I possibly secure my belonging? I do not doubt what you say is true, it just makes no sense to me. Could you explain further please?

Doesn’t the homeowner have to provide me with a reasonable amount of security? If what you say is true, I might as well leave my belongings in the front yard. As a leaser do I drill padlock fixtures to my dresser and replace my bedroom door handle with a key lock? By doing that I would violate my lease agreement.

I will get the renters insurance asap!!!

Thanks again for your replies

[jk]

I do have a question about him leaving the front door unlocked.

I lock my door when I go to bed. Other than that, it's not locked. Why is that a problem?

If my room does not have a lock on it how can I possibly secure my belonging?

did you ask if you could put a lock on your door? It would be as simple as changing the doorknob.

As a leaser do I drill padlock fixtures to my dresser and replace my bedroom door handle with a key lock?

I would at least ask about the doorknob. If a LL has a problem with that, I would have a problem staying there at all.

Personally, if I was renting a room, it must have a means to lock it. No lock and I'm not renting. You really don't know the people you are staying with. While I try not to be that paranoid, you never really know what kind of people they are.

[Ranger72]

I think there is a feature on the I pad where it can be located if lost! I would contact Apple!

[Mr. Knowitall]

That fourth post zipped right past you, then?

[mmmagique]

I would consider taking this to small claims court. You may not have proof, but a judge *might* believe your story more than theirs. (I would, but...I'm not a judge)

[LostInTheSauce]

I have had the Find iPhone app up and running since the moment I noticed it missing, but it will take someone connecting to wifi for me to get a location. Apple will not do much as far as helping you locate it even with the serial number. I had assumed if someone docked it they would notify me but that is not the case.

I have been informed by law enforcement that the homeowner is a known heroine and oxy user. I was a little surprised that this has all happened because this is an upper class neighborhood. Unfortunately there are addicts in all walks of life.

I am looking into what it would take to pursue this in small claims court. The husband claims that he left the home to cash a check from work during the time of the breakin. But I have come to find out he has been out of work for the past three weeks from the “side effects” of his new medication.