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  1. #1
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    Default Can You Hold a Landlord Liable for a Burglary

    My question involves court procedures for the state of: California

    My daughter recently had her apartment burglarized after the property manager of the complex she lived in gave a key card to someone that claimed to have her permission. They did not call her to verify that he had her permission. The key card they issued was used to enter her residence and steal over $10 k of cash and property. She has renters insurance but it will only cover a small amount. The complex is part of a huge Southern California corporation so I think small claims is the correct venue considering costs. I guess my question is, do I have any recourse against the property company. Thanks in advance

  2. #2
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    You have no recourse because it was not your lease and it was not your property.

    Your daughter can consider whether she wants to sue her landlord to try to recover the value of her possessions. I'm not going to speculate on her odds of success as it's safe to infer that there are many relevant facts that you have not yet shared with us.

  3. #3
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    Quote Quoting denp1717
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    The key card they issued was used to enter her residence and steal over $10 k of cash and property. She has renters insurance but it will only cover a small amount.
    Cash is limited to $200 on most renters policies. So if she had a lot more cash in the apartment than that, it was just plain foolish.

    As for her personal property, if she has Replacement Cost Coverage the insurance company will pay what it costs to replace the stolen items. If she doesn't have Replacement Cost Coverage then her insurance company would only pay the Actual Cash Value (Replacement Cost less Depreciation) which is all a judgment defendant would have to pay under negligence law.

    Quote Quoting denp1717
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    My question involves court procedures for the state of: California

    My daughter recently had her apartment burglarized after the property manager of the complex she lived in gave a key card to someone that claimed to have her permission. They did not call her to verify that he had her permission.
    That would probably make a good case for negligence.

    Quote Quoting denp1717
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    do I have any recourse against the property company.
    You don't. She might.

  4. #4
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    Thanks! I realize I have no recourse I am trying to get information to help my daughter. I am sorry for not making that clear. I was attempting to be brief but here is the whole story........
    My daughter thought she had lost a key card to her apartment. She went in the next day,paid the fee and got a replacement. The next day someone showed up at the complex managers office to try and get her key reprogrammed. He turned out to be a fellow employee where she worked that was fired for skimming credit card receipts. He obviously stole the card from my daughter. The mgr. told him he could not reprogram the card without permission. He left and came back again and was refused a second time. The third time within 3 hours he came back and told the Mgr.that he called my daughter and she said it was OK. While he was still there someone called and identified herself as my daughter and said it was OK to give him a card. The Mgr. gave him a card. Two days later the card was used to access my daughters apartment while she was at school and steal her cash and personal items. Video evidence and phone records confirm this story. My daughter was not the caller and was never called to confirm giving the card to anyone. The Mgr. admitted to police and my daughter that he did not follow company policy and that it was his fault that the apartment was robbed. It seems that there should have been several red flags to alert the Mgr. to the fact that the guy was not legitimate. She would like to hold the complex and its owners responsible. Thanks!!

  5. #5
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    Quote Quoting denp1717
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    My daughter thought she had lost a key card to her apartment.
    There are no keyed locks on the apartments -- just key cards?
    Quote Quoting denp1717
    The next day someone showed up at the complex managers office to try and get her key reprogrammed. He turned out to be a fellow employee where she worked that was fired for skimming credit card receipts. He obviously stole the card from my daughter. The mgr. told him he could not reprogram the card without permission. He left and came back again and was refused a second time. The third time within 3 hours he came back and told the Mgr.that he called my daughter and she said it was OK. While he was still there someone called and identified herself as my daughter and said it was OK to give him a card. The Mgr. gave him a card.
    In which case he should presently be facing charges for burglary. How much of your daughter's property was recovered when he was arrested?
    Quote Quoting denp1717
    The Mgr. admitted to police and my daughter that he did not follow company policy and that it was his fault that the apartment was robbed.
    Has your daughter requested the company's insurance information so that she can open a claim?

  6. #6
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    Correct. No keys just key cards. The swipe that he used was recorded and matched the one given out by the Mgr. Police are after him but have so far been unable to locate him. Thanks!!

  7. #7
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    I don't see how you can hold the landlord accountable for this. The bottom line is this was a well-orchestrated attempt to deceive and get into your daughter's room. What's interesting to me is that you provide no details about why, some "random" ex-co-worker would go to these lengths to steal from your daughter. I suspect we are not getting even half of the story. I have lots of co-workers. None of which I am interested in gaining entry to their home. Why was he after your daughter? What relationship do they have? Either way, I don't see how you can hold the owner responsible. Why isn't your daughter's renters insurance covering her lost possessions?

    Edit - if the manager isn't contesting, says he violated policy and as a result your daughter's room was burglarized, what's the problem? Sounds like he has already accepted responsibility?

  8. #8

    Default Re: Can You Hold a Landlord Liable for a Burglary

    Quote Quoting denp1717
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    Correct. No keys just key cards. The swipe that he used was recorded and matched the one given out by the Mgr. Police are after him but have so far been unable to locate him. Thanks!!

    Just had to let you know I heard you on Handel on the Law..... best of luck!

  9. #9
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    Default Re: Can You Hold a Landlord Liable for a Burglary

    Quote Quoting PADriver13
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    I don't see how you can hold the landlord accountable for this. The bottom line is this was a well-orchestrated attempt to deceive and get into your daughter's room.
    I can see how the landlord could be held liable on the basis of negligence -- although at this point I would be seeing if the complex's insurance company will pay out on a claim, rather than trying to sue somebody. I agree with you that there are a lot of facts that have not been shared with us, and that those facts could potentially affect whether or not the landlord / complex would be liable if the case were litigated.

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