Theft and Landlord obligations

[xrxdudexrx]

What is the name of your state (only U.S. law)? California

I live in a large apartment complex with mostly college students. Our apartment complex is the only one in the area which is gated with a locked laundry room and privately secured parking, hence my decision to move here. We were required to take a one year lease which turned out to be very unfortunate, as despite the noise curfew the are constant parties (excessively loud) and occasional brawls and more severe violence on the premises. As much as I've complained there seems to be no recourse by our management. In addition, we were promised a minimal of one parking space but told it would be very likely that we could get a second provided we put a deposit down and wait for one to become available. The deposit was payed and 10 months later we still only have the one parking space despite there being a half dozen spaces vacant in the lot. As a result I have received numerous parking tickets (mostly 2hr parking in our neighborhood) and our second car got broken into while parked in front of the apartment. In addition, the gates are often broken for weeks to months at a time without repair and the laundry room which can normally only be entered with tenant keys has been broken for several weeks. As a result, someone stole most all of our laundry the other night. After getting no help from our onsite property manager I emailed the companies property management with an explanation of the problems and a request that they offer a credit off next months rent to offset the financial losses caused by living in this poorly maintained apartment complex. I got a quick response that the apartment management was not directly at fault for any of the problems I've had and as a result the could offer no credit. Are they legally responsible for any of the problems and thefts I've had and if so how can I get legal support to be compensated fairly?What is the name of your state (only U.S. law)?

 

[Cvillecpm]

Per usual, you are a tenant who expects everything with no responsibility....call the police for noise and partying and don't leave your laundry UNATTENDED...mgmt is not responsible for your problems

Try being a part of the solution rather than part of the problem by doing NOTHING.

 

[JETX]

Are they legally responsible for any of the problems and thefts I've had and if so how can I get legal support to be compensated fairly?

Okay, lets look at your complaints individually.

noise curfew the are constant parties (excessively loud) and occasional brawls and more severe violence on the premises. As much as I've complained there seems to be no recourse by our management.

What did you expect when you KNOWINGLY moved into a "large apartment complex with mostly college students"??
What did the police do when you called them??
Have you contacted the management for each and every complaint (showing a pattern) or did you just yell at some one??

In addition, we were promised a minimal of one parking space but told it would be very likely that we could get a second provided we put a deposit down and wait for one to become available. The deposit was payed and 10 months later we still only have the one parking space despite there being a half dozen spaces vacant in the lot.

First, you were never TOLD you would get a 2nd parking space. Second, if they don't get you one, get your deposit back. Third, when did you put your desire in WRITING??

As a result I have received numerous parking tickets (mostly 2hr parking in our neighborhood) and our second car got broken into while parked in front of the apartment.

The complex is NOT responsible for YOUR decision to park where ticketed or unsafe.

In addition, the gates are often broken for weeks to months at a time without repair

If the property management told you that you would have gate security, and that influenced you to stay there, and then they do not provide it... you might actually have a claim on this one. And if you can prove that you suffered damages due to their breach...

and the laundry room which can normally only be entered with tenant keys has been broken for several weeks.

Same as above.

As a result, someone stole most all of our laundry the other night.

As noted above, you MIGHT have a claim for breach and damages. Put your complaint in writing to the management with a list of stolen/damaged items and the current MARKET value (not original retail, not replacement.... used) and ask them to compensate you.

 

[applecruncher]

First of all, noise curfew or no noise curfew, by your own admission you knew you were moving into a complex inhabited mostly by college students. College students are known for partying and being loud. That’s just the way it is.

I don’t know why they haven’t given you the requested additional parking space since apparently there was some agreement. Be that as it may, if they don't give you the extra space then ask for the parking deposit to be refunded. Management is not responsible for your car being broken into. Did you file a police report? Did you report this to your auto insurance?

As far as the laundry room situation, if you had been watching your own laundry it wouldn’t have been stolen. Most laundry rooms have signs stating they are not responsible for lost of stolen items in the laundry room. Did you report it to your renter's insurance?

Since you are so unhappy there, when the lease is up move someplace else that is more to your liking.

 

[xrxdudexrx]

thanks for all your replies, I will respond to each of them here.

Cvillecpm: I've had to call the police about 5 times a month for noise and violence complaints over the last 10 months (that is of course after requesting the neighbors to quiet down directly). I also call the onsite manager first and leave a message, then call again a half hour later if it has not taken care of to notify him that I am calling the police. Unfortunately, the cops take about a half hour to show up and generally accomplish nothing. When the car was broken into, the cop took 2 hours to show up and after explaining the theft we found out that the officer didn't even file a report, she said that since the car was entered after the theft the evidence was tampered (which has nothing to do with actually filing the report). And I'm sorry but I don't have time to sit in the laundry room for 2 hours doing my laundry, I am a full time student and work 10 hour shifts every day that I'm not in class to pay my way through college on my own; the purpose of a lock on the door to a laundry room is for security (I doubt it was my neighbors that jacked my clothes as I know most of my neighbors and would recognize my clothes on them). Perhaps you have never lived in an apartment complex and don't understand how hard it is to get help from management as you probably still live at home in your parents basement.

JETX: thank you for your response, it was much more insightful than the previous. Yes I contact my on-site manager with each noise complaint and the police do very little to help and take way longer than they should given how often they seem to be on our street. The cost of the parking deposit is not a big concern, it was only $30 for each car. We were told by the property manager that it would be possible to get a second space while we were in the lease signing, however it was never put in writing on the lease agreement. I get what you're saying about the management not responsible for my tickets, despite that a provided parking space would have allowed me to avoid them. But, I feel we moved in with the expectancy to have a second parking space in a secured (gated lot with security cameras) lot and with being forced to use the only alternative of street parking (literally right in front of the apartment) the theft occured. Each event had been reported to the onsite manager immediately and I did list each problem in writing with an email to the property manager with the response I had previously mentioned. I also pointed out to the manger that I have a perfect rental history as a tenant and tried to appeal to the business side of her pointing out that my lease would soon end, she obviously could care about the quality of the tenants.

applecruncher: your response has nothing to do with my questions of whether the landlords have any legal responsibility for my damages but I'll respond to what you said just the same. Yes college students are known for having loud parties, that is why curfews are written into our leases and there is a paid onsite manager to keep noise and other problems under control. Managers are paid to live here for a reason. A police report was made with theft (though not until we followed through as the officer that took the information didn't). I considered making an insurance claim, but the cost of the deductable plus the increase in insurance rates after making a claim would have made it more expensive to make a claim and get paid than not. I did not make a claim with the laundry theft either as it is my understanding that renters insurance only covers what in your actual apartment and wouldn't cover the laundry room, but correct me if I'm wrong. And lastly, yes I plan to get out of here as soon as my lease ends and I doubt I will ever agree to anything but month to month contracts in the future.

 

[applecruncher]

your response has nothing to do with my questions of whether the landlords have any legal responsibility for my damages

Actually, it does. No, they are not responsible. As far as renter's insurance, read your policy.

Your busy secedule is not the problem of apt mgmt.

she obviously could care about the quality of the tenants.

The correct expression is "couldn't" care less. Maybe you've been a pain in the butt. A little basic research and observation before moving in would have told you someting about "tenant quality". Yet you moved in because it was "gated".

Making 50 noise complaints over the course of 10 months indicates you need to be living someplace else. (Making all those complaints took a lot of time, yet you can't take a couple minutes to check your own laundry.)

 

[Cheeseknife]

What is the name of your state (only U.S. law)? California

I live in a large apartment complex with mostly college students. Our apartment complex is the only one in the area which is gated with a locked laundry room and privately secured parking, hence my decision to move here.

Realistically, those gates offer no real protection. Every take-away place in the area probably has dozens of codes for it. In many cases it simply attracts thieves because their presences tends to indicate that something worth stealing is there.

We were required to take a one year lease which turned out to be very unfortunate, as despite the noise curfew the are constant parties (excessively loud) and occasional brawls and more severe violence on the premises. As much as I've complained there seems to be no recourse by our management.

You live with large numbers of college kids, what did you really expect? If you have problems you can call the police. At a point you may have grounds to break the lease due to an inability to exercise your right to quiet enjoyment, but that'd be up to a judge to decide most likely. The fact you knew the complex was full of college kids wouldn't help.

In addition, we were promised a minimal of one parking space but told it would be very likely that we could get a second provided we put a deposit down and wait for one to become available. The deposit was payed and 10 months later we still only have the one parking space despite there being a half dozen spaces vacant in the lot.

You weren't promised a second space. Obviously you aren't going to get one so you should have went and got your deposit back months ago.

As a result I have received numerous parking tickets (mostly 2hr parking in our neighborhood)

Don't park your car illegally, the apartment complex is not responisble for your parking choices.

and our second car got broken into while parked in front of the apartment.

If the LL, or one of the staff, broke into your car then by all means sue. Otherwise, how on earth could you think the apartment complex is liable for that?

In addition, the gates are often broken for weeks to months at a time without repair

In large complexes where people are coming and going all the time it tends to wear the drive motors on those gates very quickly. Not to mention that most complexes that have them just leave them open all day anyway. They tend to be expensive to fix. Which is why the reality is they exist to create an illusion of security or exclusivity for potential tenants and have no practical function. Nothing you can do about the management not fixing them.

and the laundry room which can normally only be entered with tenant keys has been broken for several weeks. As a result, someone stole most all of our laundry the other night. After getting no help from our onsite property manager I emailed the companies property management with an explanation of the problems and a request that they offer a credit off next months rent to offset the financial losses caused by living in this poorly maintained apartment complex. I got a quick response that the apartment management was not directly at fault for any of the problems I've had and as a result the could offer no credit. Are they legally responsible for any of the problems and thefts I've had and if so how can I get legal support to be compensated fairly?What is the name of your state (only U.S. law)?

Or one of the tenants with a key could have stolen them. Don't leave laundry unattended, or theft is a possilbity and the complex is not responsible. Some larger complexes will, as a courtesy, do that sort of thing but it certainly isn't a legal obligation.

 

[Who's Liable?]

Realistically, those gates offer no real protection. Every take-away place in the area probably has dozens of codes for it. In many cases it simply attracts thieves because their presences tends to indicate that something worth stealing is there.

This is true...

WAY back when I was making deliveries, our store had ALL the gate access codes to ALL the nearby complexes.

 

[JETX]

And of course, none of those "everyone has the codes" posts is relevant to the LEGAL issues raised in this thread. Complex owners use the existence of 'security gates' to imply an additional level of security to their tenants. If the management fails to properly maintain the 'promised added security', they can (and have been) found liable for negligence.