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  1. #1
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    Post Theft of Property by Landlord's Agent (Building Manager)

    My question involves landlord-tenant law in the State of: California

    I recently was out of town and the agent appointed by the landlord to oversee the property which I'll call the building manager (the child of the landlord age ~40s) used their key to access my apartment and removed several very valuable items from the apartment. There is a pending criminal investigation for this matter but the entry was unauthorized and unannounced and the police have obtained the proof necessary to charge the individual which should happen shortly.

    My question is this: what legal recourse do I have against the landlord for the act of their appointed agent? Is this a matter for small claims court? The value of the property stolen was <5000 (no renters insurance) but I have spent countless hours solving and remedying the issue as well as incurring lost wages as a result of responding to the incident. I am moving out as soon as possible but I want to ensure that I recover the value of the stolen items prior to calling it quits and moving on. Any suggestions?

  2. #2
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    Default Re: Theft of Property by Landlord's Agent (Building Manager)

    If the person is convicted of the theft then he will be required to pay restitution.

    Yes, you can initiate a Small Claims suit against him but if you do then you might be in the unenviable position of trying to enforce a judgement ... if you can.

    Just out of curiosity, how do you KNOW that charges are pending against the guy?

  3. #3
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    Default Re: Theft of Property by Landlord's Agent (Building Manager)

    thanks for the quick reply

    Well the small claims suit would be against the landlord since they appointed an irresponsible agent (he wont be able to pay any restitution as he lacks assets/income). I suppose I don't know until the hammer comes down but without giving way a lot of information there are concurrent crimes that he has been charged with and the evidence demonstrating his guilt is overwhelming. Ideally I want to hold the landlord (not the agent) accountable for this incident since they should have appointed someone who would not commit a felony against the tenants during the course of his duties. I guess I am not entirely sure how responsible they are for the building managers actions.

  4. #4
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    Default Re: Theft of Property by Landlord's Agent (Building Manager)

    Quote Quoting renterinca1
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    thanks for the quick reply

    Well the small claims suit would be against the landlord since they appointed an irresponsible agent (he wont be able to pay any restitution as he lacks assets/income).
    Oh yeah ... I read that part, but when I started replying I brain faded. My bad.

    But, I am not sure you have much of a case against the landlord for hiring him. Since theft is likely outside the scope of his employment, you may not be able to show that there exists a nexus between the landlord's actions and the theft. Unless you can show that this was a foreseeable consequence, his liability may be limited or non-existent.

    Ideally I want to hold the landlord (not the agent) accountable for this incident since they should have appointed someone who would not commit a felony against the tenants during the course of his duties. I guess I am not entirely sure how responsible they are for the building managers actions.
    But, was the action foreseeable? Did the agent have numerous prior criminal offenses that a cursory background or web search might have found?

    You will likely have to convince a court that the landlord was irresponsible or negligent in some way. You will need more than his simply hiring an agent that broke the law.

    However, there may be some legal theory that holds the landlord at least partially responsible ... I am not well-versed on landlord-tenant law with regards to liability, so you migth consider consulting an attorney just to see what options you might have.

  5. #5
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    Default Re: Theft of Property by Landlord's Agent (Building Manager)

    the landlord almost certainly has priors and has a history of substance abuse. I would think it's a stretch to claim it's foreseeable but could be seen as negligence putting someone with a history such as that in charge of overseeing people's property/homes with unrestricted access. Yeah my next step is to retain counsel I was just searching for some opinions. Thanks for your input I really do appreciate it.

  6. #6
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    Default Re: Theft of Property by Landlord's Agent (Building Manager)

    Quote Quoting renterinca1
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    the landlord almost certainly has priors and has a history of substance abuse.
    But, it's not the landlord that is at issue, it is the man he hired to run things for him. Is it reasonable that the landlord should have found out about a criminal history or the likelihood that he might pose a risk to tenants with minimal effort? If the man's record is not obvious or does not exist, then making the claim that the landlord was negligent would be tough.

    If the value of the loss is less than $7,500 then retaining counsel may not be the way to go. A consultation, sure, but paying a few thousand dollars to recover the same might be counterproductive when the cost of going to Small Claims Court is far less. You might still get a consultation if you call around.

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