Should I Take my Landlord to Small Claims

[Baranov]

It's a window! latch or no latch they would have gotten in. A simple crow bar would have twisted off any latch and the bad guys would have gained entry. Contact paper over a window would have allowed entry without a mess.

[youngbliss]

i agree i was not aware of the right i had as a tenant. this is my first time renting a apartment and i thought i just had to keep bringing it up to him till he did something about it. oh i don't know if i stated before but he came out and fixed the window the day after the robbery. so he ignored it until this happened.

[Cvillecpm]

Your evidence in the police report is WHAT you TOLD the police was taken.....still no proof!

[youngbliss]

Originally Posted by Cvillecpm

Your evidence in the police report is WHAT you TOLD the police was taken.....still no proof!

all items included serial numbers. the big screan was unhooked from the wall wit the mount just sitting there.

oh who ever made the comparison with the sidewalk and not moving out of the way ... OK yes i would have avoided it but if the driver hits me he is still held liable. because it was his responsibility to stop

[Baranov]

I don't know, but if taken to court would not the landlord not be able to recall that you had ever mentioned the lock on the window? Then next time you need anything repaired, put it in writing.

[youngbliss]

i have written records from his manager that i had requested that window be fixed.

[E.Rodriguez]

Originally Posted by Baranov

I don't know, but if taken to court would not the landlord not be able to recall that you had ever mentioned the lock on the window? Then next time you need anything repaired, put it in writing.

He said that he has the records, from the LL that he had been asking for the window to be fixed the whole time. maybe you can stay with a thread by reading it.

Yea, you should have secured your own things by finding some way to lock the window. I make sure my whole place is as secure as possible, and sometimes rigg alarms to warn me someone is trying to get in, but thats because I have a paranoia complex I developed as a teenager. Still regular people take steps to secure their property, and it will be up to a judge to know if reasonable steps include, and are limited to requesting the LL fix the lock however many times... or should you have done something more.
But you will have to show that the reason you were broken into was because the window was not able to be locked. (like if a certain door doesn't lock in a common entryway for Tennant's, and a rapist used the door to get in because it was broken... )
But I do not see how a burglar know the window wasn't locked, are you saying that he tried each window to see of it was locked, and if they were, he was going to go home? you still didn't say what kind of apartment was. a house? a multi unit? a basement in a home? what?

Its not your LL's fault you were broken into, you should have been insured, is a quick and pretty safe answer, but the only way you can be sure is to try.

So ...You can try, I suggest you try, and good luck with that.

[youngbliss]

its an apartment unit on the bottom floor. the suspect are teenage kids that live around the apartment and probably scouted out the window that wasn't locked. here is the deal the window the one that was broken is the bathroom window and right next to it is a bedroom window. i don't see an adult being able to get through the bathroom window because its very small . bedroom window much bigger right next to it locks and they didn't go through. drawing the conclusion that they probably wouldn't gotten in if it was locked. spoke to a local landlord.tenant attorney he told be i should at least try that i do have a cause to do it.

[E.Rodriguez]

Originally Posted by youngbliss

its an apartment unit on the bottom floor. the suspect are teenage kids that live around the apartment and probably scouted out the window that wasn't locked. here is the deal the window the one that was broken is the bathroom window and right next to it is a bedroom window. i don't see an adult being able to get through the bathroom window because its very small . bedroom window much bigger right next to it locks and they didn't go through. drawing the conclusion that they probably wouldn't gotten in if it was locked. spoke to a local landlord.tenant attorney he told be i should at least try that i do have a cause to do it.

Brilliant advise from the lawyer in your area. at least try. Good luck.

And purchase some rental insurance, its really cheep, and you would have had new stuff already. (if your policy provided new stuff for old stuff.. speak to an insurance agent too)

[ecmst12]

You should have had renters insurance. It is NOT your landlords fault that someone broke into your apartment. And he is not responsible for your belongings - you are. You don't seriously think the LL is 51% responsible for your loss do you?

[E.Rodriguez]

It wont hurt him to try, and it is the LL's responsibility to secure the property. Its not like the tenant left the window open with a sign about his stuff. Obviously the LL knows its his responsibility to keep the security devices (window locks) in good repair and actually working, or he would not have come the day after the fact, and installed a window lock.

I think he has a chance. and so does a lawyer in his community, or so says the poster.

[youngbliss]

o spoke to a few more attorneys locally and they all seem to agree that i should take the landlord to small claims do to the fact that he did not provide the locks for the window and it is the probable cause of the break in. going of that who ever it was knew that the window was not lockable.

[Zigner]

Originally Posted by youngbliss

o spoke to a few more attorneys locally and they all seem to agree that i should take the landlord to small claims do to the fact that he did not provide the locks for the window and it is the probable cause of the break in. going of that who ever it was knew that the window was not lockable.

Let us know how that works for you...

[swrdmbo]

Good luck with your case.

I just have to comment on your logic with the analogy of the car and the sidewalk.

Yes...the DRIVER would be liable for the damages....just as the THIEF is liable for the loss of your belongings. It's a BIG LEAP from the thief to the LL. But it may be worth a try.

Yes he should have fixed the lock but YOU should have had a piece of wood ( a book, whatever) to secure it until it was done.Just leaving the window as it was was negligence on your part as well, and certainly contributed to the break-in and subsequent losses!

[Cvillecpm]

YoungB * so you feel comfortable advising the judge about your BIG ASS SCREEN tv that you did not VALUE enough to cover with RENTER'S INSURANCE * "Bailif, Next case!"