who is responsible (by susan [CA]) Jun 10, 2019 11:36 AM|
who is responsible (by LisaFL [FL]) Jun 10, 2019 11:39 AM
who is responsible (by S i d [MO]) Jun 10, 2019 12:22 PM
who is responsible (by Robert J [CA]) Jun 10, 2019 1:56 PM
who is responsible (by Oregon Woodsmoke [ID]) Jun 10, 2019 5:54 PM
who is responsible (by susan [CA]) Jun 10, 2019 5:56 PM
who is responsible (by Oregon Woodsmoke [ID]) Jun 10, 2019 5:58 PM
who is responsible (by NE [PA]) Jun 10, 2019 5:59 PM
who is responsible (by susan [CA]) Jun 10, 2019 6:02 PM
who is responsible (by BRAD 20,000 [IN]) Jun 11, 2019 1:17 AM
who is responsible (by plenty [MO]) Jun 11, 2019 7:07 AM
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who is responsible (by susan [CA]) Posted on: Jun 10, 2019 11:36 AM
State Specific Question About: CALIFORNIA (CA)
Landlord in apartment complex gives construction crew key to the gated parking underneath complex. Construction crew forgets to close gate. Tenant's tools stolen from locked truck box. Landlord says camera doesn't pick up his parking spot. Tenant says even so, it should pick up who is coming and going. Landlord refers tenant to construction company foreman. Tenant thinks landlord is shirking responsibility. Who is legally responsible here? --73.170.xx.xx
who is responsible (by LisaFL [FL]) Posted on: Jun 10, 2019 11:39 AM
Tenant is responsible for his own belonging. Hence the reason for having renter's insurance. --75.89.xx.xxx
who is responsible (by S i d [MO]) Posted on: Jun 10, 2019 12:22 PM
This sounds like something attorneys could make some good money arguing over only to reach no definitive conclusion.
"Responsible for" doesn't necessarily mean legally required to compensate. The devil is likely in the details of the rental contract.
1) Is the locked gate a guarantee of no theft, or is it a convenience/courtesy measure only?
2) Were the tools stolen by a resident who lived INSIDE the gate? I'm leaning toward this one since there is no evidence saying the thief came in from the outside, which makes the locking of the gate irrelevant.
3) How do we know the tools were stolen? Was a police report filed? Pictures of damage to the locked too box? Did the resident sell their tools on Ebay and fake a robbery to frame the LL to get some $$$?
So many questions. If I were the LL, I would simply say that a locking gate is not a guarantee of security. Tenants are always responsible for the security of their personal property, unless we have contracted otherwise.
who is responsible (by Robert J [CA]) Posted on: Jun 10, 2019 1:56 PM
I am a contractor and landlord. One job I needed to upgrade or replace the garage doors to tenants garages. Inside the garages are connected with no added security.
Before taking the job, I told the owner/manager the tenants needed enough notice to secure or remove their valuables. Before starting the work I noticed most tenants had removed expensive items such as bicycles, sporting gear and other things -- they got the message (so I thought).
While doing the work I never left the property. But still someone could have easily entered without me noticing.
Days after the job was complete I got a call from a tenant, some of her stored stuff in her garage went missing. She knew that I didn't take it but wanted to know if I saw someone. The owner gave the tenant my number and said, "Get the contractor to pay for your loss". This tenant never got the notice from the landlord. The landlord called her old phone number and left a message. No notice was posted on her door. No emails, no texted messages about the garage work.
The owner was a lawyer and new better than to just leave a voice message on a tenants phone number. Notices need to be in writing. Also the tenant should have renters insurance but failed to renew her policy.
The tenant and the landlord just decided to let the Contractor Pay for their problems. When the tenants lawyer, her brother contacted me, I provided him with a copy of my contract calling for the owner to give each tenant proper notice about the work being done to their garage door and to secure valuable items. With the copy of the estimate/contract the tenant now could make the owner pay for her loss......I was now out of the picture.
who is responsible (by Oregon Woodsmoke [ID]) Posted on: Jun 10, 2019 5:54 PM
Out of his car? His comprehensive automobile insurance is the one to pay for it. --98.146.xxx.xxx
who is responsible (by susan [CA]) Posted on: Jun 10, 2019 5:56 PM
yes out of his locked tool box in his truck. interesting replies! --73.170.xx.xx
who is responsible (by Oregon Woodsmoke [ID]) Posted on: Jun 10, 2019 5:58 PM
If this is your property, Susan, there should be something in your lease about the landlord not being responsible for the tenant's belongings. And that parking is at the tenant's own risk.
Unless the gate can't be climbed over, or walked around, or the parking lot accessed from any other direction, there is nothing to stop thieves from stealing things out of cars.
They might not be able to tow away a 30 ft boat if everything is gated, but saws and hammers can be hand carried out. --98.146.xxx.xxx
who is responsible (by NE [PA]) Posted on: Jun 10, 2019 5:59 PM
Tenant's insurance, but in California, everybody else except the tenant. --50.32.xxx.xx
who is responsible (by susan [CA]) Posted on: Jun 10, 2019 6:02 PM
not my property this time luckily, just curious though, one of my non-english speaking friends is the one who got his tools stolen. I told him 'car insurance' but figured it might be complex. thanks --73.170.xx.xx
who is responsible (by BRAD 20,000 [IN]) Posted on: Jun 11, 2019 1:17 AM
My homewowners’ insurance covers my personal property such as tools, even those in my car.
In the real world outside CA a person is responsible for their own stuff.
#1 Dumb to leave ANY tools in ANY truck.
#2 Could have been ANY other resident parked in the building.
who is responsible (by plenty [MO]) Posted on: Jun 11, 2019 7:07 AM
I would turn claim over to my vehicle insurance. If the insurance company wanted to know WHO they could ask complex for entrance tapes to review those coming and going. And perhaps other cameras that covered other areas of the garage. Finding out who isn't as important as him being whole again. Sometimes one just as to replace things themselves and be more responsible when they can, like if they were so valuable they should have carried them into their unit. So replace with something more portable and dont assume they are safe anywhere. That's why we buy insurance. No one died in this crime so pickup the pieces and carry on. Just my 2cents worth. I wouldn't like it at all but things happen. Maybe a reward poster in the garage walk traffic area asking other residents for information and to be aware would be something he could do. --99.203.xx.xxx
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