What is the name of your state (only U.S. law)? CT
I hope that I am posting this in the right topic. I apologize if not.
Here is the situation. My wife and I own a 3 family house in CT and moved out of state for a few years. During this time away, we had a property management company maintain the property. Upon coming back to the property and moving in to one of the floors, we noticed that we had personal belongs stolen from our locked basement, which is where there is plumbing, electrical, furnaces, etc… We quickly figured out that the person who took our belongings was either an employee or a contractor for this property management company because there were multiple times where we had issues where a contractor or technician needed access to the basement. Which is accessible via a community stairwell protected by an electronic keypad and then the basement is locked with a deadbolt. With no signs of forced entry or physical damage, we know that it was someone that had full access to the property. The property management company had a set of keys and so did a family member of mine (which had it locked up in a safe).
My question is, can the property management company be held liable for the loss? They do not want to put in on their insurance and want me to put it on mine. But I will be taking a loss on the deductible when they were responsible for the loss. I would take them to small claims but there is a $5k limit on suits, so we would also have a loss if we did this too. But I just wanted to see what our options were before we decide which route to go down.
Another thing…. We had the property management company list our apartment and it did not rent after 4 months. We found out that this was because they listed the apartment size at 900 sq/ft, when it is really 1350 sq/ft. Is this something that they could also be liable for? I included below part of their contract that may affect liability.
Thanks in advance!
B
Insurance and Indemnification: Agent shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which Agent may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. Owner, at its expense, will obtain and keep in force adequate insurance as determined by Owner against physical damage, with fire and extended coverage endorsement, with coverage for liability for loss, damage or injury to property or persons which might arise out of the occupation, management, operation or maintenance of the Building. Agent and Broker will be listed as additional named insured on all liability insurance maintained with respect to the Building. Owner shall hold Agent harmless from any covered liability on account of loss, damage, or injury actually insured against by Owner’s insurance carrier. Owner further hereby indemnifies and shall defend and save Agent harmless against all claims, losses, costs, and liability arising out of damage to property, or injury to, or death of persons (including the property and persons of the Principal Parties hereto, and their agents, subcontractors, employees, successors, heirs, and assigns) occasioned by or in connection with use, management, operation, ownership, maintenance or control of the Building, whether or not such claims, losses, costs and liability are covered by Owner’s insurance.
I hope that I am posting this in the right topic. I apologize if not.
Here is the situation. My wife and I own a 3 family house in CT and moved out of state for a few years. During this time away, we had a property management company maintain the property. Upon coming back to the property and moving in to one of the floors, we noticed that we had personal belongs stolen from our locked basement, which is where there is plumbing, electrical, furnaces, etc… We quickly figured out that the person who took our belongings was either an employee or a contractor for this property management company because there were multiple times where we had issues where a contractor or technician needed access to the basement. Which is accessible via a community stairwell protected by an electronic keypad and then the basement is locked with a deadbolt. With no signs of forced entry or physical damage, we know that it was someone that had full access to the property. The property management company had a set of keys and so did a family member of mine (which had it locked up in a safe).
My question is, can the property management company be held liable for the loss? They do not want to put in on their insurance and want me to put it on mine. But I will be taking a loss on the deductible when they were responsible for the loss. I would take them to small claims but there is a $5k limit on suits, so we would also have a loss if we did this too. But I just wanted to see what our options were before we decide which route to go down.
Another thing…. We had the property management company list our apartment and it did not rent after 4 months. We found out that this was because they listed the apartment size at 900 sq/ft, when it is really 1350 sq/ft. Is this something that they could also be liable for? I included below part of their contract that may affect liability.
Thanks in advance!
B
Insurance and Indemnification: Agent shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which Agent may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. Owner, at its expense, will obtain and keep in force adequate insurance as determined by Owner against physical damage, with fire and extended coverage endorsement, with coverage for liability for loss, damage or injury to property or persons which might arise out of the occupation, management, operation or maintenance of the Building. Agent and Broker will be listed as additional named insured on all liability insurance maintained with respect to the Building. Owner shall hold Agent harmless from any covered liability on account of loss, damage, or injury actually insured against by Owner’s insurance carrier. Owner further hereby indemnifies and shall defend and save Agent harmless against all claims, losses, costs, and liability arising out of damage to property, or injury to, or death of persons (including the property and persons of the Principal Parties hereto, and their agents, subcontractors, employees, successors, heirs, and assigns) occasioned by or in connection with use, management, operation, ownership, maintenance or control of the Building, whether or not such claims, losses, costs and liability are covered by Owner’s insurance.
