Landlord's crackhead pal stole things

[Maiasaura]

What is the name of your state? NJ
Do I have a winnable case in small claims court?
My roomate is the lease holder, and landlord. He brought home a guy who just got out of rehab to stay with him. No one asked me, or told me where he came from. He was just there one day. A couple of weeks later, I came home, found guest there alone and he asked me for $40 (yeah, right). Next day LL told me guest was there (unsupervised) to move out his things, and had a crack problem. He said he would probably have to change the locks now (never did). I noticed days later that my nice Makita power drill and expensive set of bits were gone (he left the charger, the dope). LL doesn't want to confront the guy about it (he's 'not comfortable with the type of thing'.

I work at home almost 24-7. There is a series of locked doors ( LL is an OCD paranoid). I have a big mean dog. No one else could have been in there.

Can I sue the LL for the cost of the items? He used lousy judgement. He knew the guy was a relapsing crackhead, yet left him alone. He never warned me about him. Suing the crackhead would be a big PITA. Do I have to track him down?https://forum.freeadvice.com/images/smilies/frown.gif

 

[Dandy Don]

With nothing more than a suspicion, and not proof, you are wasting your time. In small claims court it's your word against his, and of course he'll deny everything.

Have you checked pawn shops to see where he pawned it? Would you be able to identify it by serial number? What is their financial value?

 

[weenor]

Have you made a claim with your rental insurance carrier? what did they say?

 

[Maiasaura]

I hadn't thought to file an insurance claim. The drill is about $60 used, the bits are about $90 - 100 new. I should file a police report--but that will really annoy my roomate.

 

[weenor]

I hadn't thought to file an insurance claim. The drill is about $60 used, the bits are about $90 - 100 new. I should file a police report--but that will really annoy my roomate.

Well either file a policy report and a claim with your insurer or don't..up to you.

 

[Maiasaura]

My real question is:
Do I have to sue the crackhead, or can I sue the guy who knowingly brought the crackhead into the house? Or both, separately and jointly?

 

[BelizeBreeze]

My real question is:
Do I have to sue the crackhead, or can I sue the guy who knowingly brought the crackhead into the house? Or both, separately and jointly?

you can sue anyone you want. What liability any party to the suit has will be for the court to determine.

 

[Maiasaura]

you can sue anyone you want. What liability any party to the suit has will be for the court to determine.

Well, DUH! I watch Judge Judy, too.
D.O.E.S...N.O.T...A.N.S.W.E.R...Q.U.E.S.T.I.O.N

In any case, the roomate is not forthcoming on contact info for the crackhead. I'll have to sue the roomate if I sue anybody.

 

[moburkes]

Well, DUH! I watch Judge Judy, too.
D.O.E.S...N.O.T...A.N.S.W.E.R...Q.U.E.S.T.I.O.N

In any case, the roomate is not forthcoming on contact info for the crackhead. I'll have to sue the roomate if I sue anybody.

You said:

My real question is:
Do I have to sue the crackhead, or can I sue the guy who knowingly brought the crackhead into the house? Or both, separately and jointly?

BB responded:

you can sue anyone you want. What liability any party to the suit has will be for the court to determine.

Your question WAS answered. Maybe you should have asked a different question. However, no one can predict what the judge will say. Get it?