Landlord Negligence

[BunniD]

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

We pay for a secured parking garage with bike storage. The landlord left the (electronic) gate open from Friday through Monday and late Sunday night my fiance's $2000 bicycle was stolen. It was locked to the bike rack as it should have been in the area behind the aforementioned gate. His was not the only bicycle stolen however it was the most expensive and he uses it for commuting purposes. After they were stolen we filed a police report and called the leasing office to notify them and request video as there are surveillance cameras. After 2 calls to the front office about the gate after the theft they immediately sent over a maintenance person to repair the gate (approximately 5 minutes after the 2nd call) however on Friday we were told the maintenance staff was gone for the long holiday weekend and would not return until Tuesday (today).

We have asked them for their insurance information however they are claiming they are not held liable as "crime happens". However since we pay for a secured parking garage and they failed to repair the gate which lead to the theft I feel they should be held liable and provide reimbursement. We do have renters insurance however that will require a deductible and after speaking with both the officer and insurance company they both state the building should be liable as it was negligent to leave the gate open.

Are they liable and what should I do?

 

[Zigner]

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

We pay for a secured parking garage with bike storage. The landlord left the (electronic) gate open from Friday through Monday and late Sunday night my fiance's $2000 bicycle was stolen. It was locked to the bike rack as it should have been in the area behind the aforementioned gate. His was not the only bicycle stolen however it was the most expensive and he uses it for commuting purposes. After they were stolen we filed a police report and called the leasing office to notify them and request video as there are surveillance cameras. After 2 calls to the front office about the gate after the theft they immediately sent over a maintenance person to repair the gate (approximately 5 minutes after the 2nd call) however on Friday we were told the maintenance staff was gone for the long holiday weekend and would not return until Tuesday (today).

We have asked them for their insurance information however they are claiming they are not held liable as "crime happens". However since we pay for a secured parking garage and they failed to repair the gate which lead to the theft I feel they should be held liable and provide reimbursement. We do have renters insurance however that will require a deductible and after speaking with both the officer and insurance company they both state the building should be liable as it was negligent to leave the gate open.

Are they liable and what should I do?

They are likely not liable. He KNEW it was open, yet parked the bike there. Of course, your fiance has the option of suing the apartment complex in small claims court if he so desires. He'll need to reimburse the insurance company for anything they pay out if he wins.

 

[tranquility]

In general, a landlord must take reasonable steps regarding foreseeable harm to the tenants. With that level of requirement, absent a series of thefts from the garage with nothing to mitigate the danger (like warning tenants), I don't really see the liability for the criminal acts of a third party.

But, when you say you pay for a "secured parking garage", what do you mean? Were specific security measures promised by the landlord or did you see a fenced in garage with a gate operated by tenants and feel it was secured?

Even if there was some duty regarding the security of the garage and assuming the length of time to discover and repair it was unreasonable, the damage must be proven to be caused by the breach of duty to be something that can be recovered. That means you might have to show it was not another tenant who had access to the garage who stole your bike.

Do you have renter's insurance?

 

[BunniD]

There have been other recent thefts from the garage (other instances when the garage gate was damaged and they didn't repair it for several days) and they failed to notify us of any history of theft when we moved in just 4 weeks ago. There are no signs posted pertaining to anything besides towing a vehicle which does not have a parking pass on the window. When the officer arrived to create the report other neighbors & the officer mentioned the previous thefts under similar circumstances over the last few months from the garage. (Example: the gate was to be repaired and was left open, a car or bicycle was stolen and the office was called to be reminded about the gate and someone repaired it in a matter of minutes shortly after the theft.)

We pay for a "reserved parking space in the attached gated parking garage" to our building. It is advertised as gated on their website as well as listed on our lease and there is a document we signed in our lease specifically pertaining to the garage. The parking garage is optional and we pay a fee monthly that is specifically for the gated parking garage that not all residents pay. Since it is stated on our lease that it is a secured, gated garage I would say it was expressly stated by the landlord.

They did not need to discover that the gate was broken, they were informed of it. As for proof of it not being another resident there are security cameras and they are currently working on providing us with a copy of the video as it was requested by the police officer.

Yes we have renters insurance but as previously stated this requires a deductible and will increase our rates.

Since we pay for a service (secured, gated parking) that they failed to maintain the gate despite being notified of the open gate they should be responsible for securing said gate. If not, what am I paying for?

In general, a landlord must take reasonable steps regarding foreseeable harm to the tenants. With that level of requirement, absent a series of thefts from the garage with nothing to mitigate the danger (like warning tenants), I don't really see the liability for the criminal acts of a third party.

But, when you say you pay for a "secured parking garage", what do you mean? Were specific security measures promised by the landlord or did you see a fenced in garage with a gate operated by tenants and feel it was secured?

Even if there was some duty regarding the security of the garage and assuming the length of time to discover and repair it was unreasonable, the damage must be proven to be caused by the breach of duty to be something that can be recovered. That means you might have to show it was not another tenant who had access to the garage who stole your bike.

Do you have renter's insurance?

 

[Zigner]

Why did you leave your bike in an unsecured location? THAT is going to be a major hurdle. You KNEW the gate was open since Friday.

 

[BunniD]

Why did you leave your bike in an unsecured location? THAT is going to be a major hurdle. You KNEW the gate was open since Friday.

It was closed when he locked it up. We left at 3:30pm friday and told them about the gate. She said she would call him and have him look at it but he might have gone home.

So because it was "going to be repaired" we should have moved the bike (there's no other place to move it to as we live in a very small studio on the 3rd floor) until we returned and the gate was closed?

 

[954Rental]

We pay for a "reserved parking space in the attached gated parking garage" to our building. It is advertised as gated on their website as well as listed on our lease and there is a document we signed in our lease specifically pertaining to the garage. The parking garage is optional and we pay a fee monthly that is specifically for the gated parking garage that not all residents pay. Since it is stated on our lease that it is a secured, gated garage I would say it was expressly stated by the landlord.

I would bet that you signed some clause in the contract where they are not responsible for thefts. Unless they guaranteed that your items wouldn't be stolen or agreed to reimburse you if they were or if a non function fence caused the theft you are most likely out of luck.

Then again it does sat that it is secured parking, and obviously it's not. I can't imagine why anyone would spend 2K on a bicycle.

 

[STEPHAN]

She said she would call him and have him look at it but he might have gone home.

So, your BF knew there was chance it would not get repaired?

 

[BunniD]

Then again it does sat that it is secured parking, and obviously it's not. I can't imagine why anyone would spend 2K on a bicycle.

My thoughts exactly. If someone had rammed the fence or some other way fooled the key card system and broken in I wouldn't even think about bothering the building about it. It's just the fact that we pay for it to be controlled access and a secured gate and they decided it wasn't important to address over the holiday weekend.

As for the price, trust me I agree! He was a semi pro mountain biker and it's a road bike. I was shocked when I found out how much the stupid things are worth too!

Mind you, my truck was parked just 20 feet from where his bicycle and the other dozen or so bicycles are locked up, so it's clear they are failing to do their part in providing the controlled access service we are paying for.

 

[BunniD]

So, your BF knew there was chance it would not get repaired?

Yes & No. There is someone who works the after hours shift and there is a 24 hour maintainance staff available for emergencies. There are 2 buildings which the staff manages. So although he may have left for the day that does not mean someone would not address the issue after hours or the following day. However they did not address the issue until I repeatedly called about the several stolen bicycles on Monday when they sent someone over in about 5 minutes who repaired the gate in just a couple seconds.

 

[tranquility]

From the description, there was no special promise the garage was "secured" that would rise to a contractual duty.

There is a high hurdle for a landlord to be responsible for the criminal acts of a third party. The OP alleges there may have been enough incidents to make this particular harm foreseeable. While Washington is not strictly a negligence state regarding landlord duties, it is closing in on it and the OP may have a case.

The problems will be:
-if there is enough crime of the particular type to have put the landlord on notice

-if the time to repair the issue was unreasonable

-if the damage was caused by the breach

 

[BunniD]

From the description, there was no special promise the garage was "secured" that would rise to a contractual duty.

There is a high hurdle for a landlord to be responsible for the criminal acts of a third party. The OP alleges there may have been enough incidents to make this particular harm foreseeable. While Washington is not strictly a negligence state regarding landlord duties, it is closing in on it and the OP may have a case.

The problems will be:
-if there is enough crime of the particular type to have put the landlord on notice

-if the time to repair the issue was unreasonable

-if the damage was caused by the breach

Good to know. Thank you very much!

 

[davew128]

I can't imagine why anyone would spend 2K on a bicycle.

And its a safe bet you don't ride or own one.

 

[tranquility]

And its a safe bet you don't ride or own one.

$2K? Pffft...I have used frames worth more than that.

 

[RRevak]

I would bet that you signed some clause in the contract where they are not responsible for thefts. Unless they guaranteed that your items wouldn't be stolen or agreed to reimburse you if they were or if a non function fence caused the theft you are most likely out of luck.

Then again it does sat that it is secured parking, and obviously it's not. I can't imagine why anyone would spend 2K on a bicycle.

Because quality bikes are expensive. Bikes suitable for semi pro or pro levels are even more expensive. I have a family member who is an Iron Man triathlete. He spent $4500 on the frame alone of just ONE of his 3 bikes. His tires are about $200 each. The bike he uses for most of his competitions was $6500. Quality costs.