auto theft

[surly]

My apt. complex is gated(controlled entry). The gates have been in disrepair for a couple of weeks. In the wee hours of the morning my car was broken into and stereo equipment was stolen(my parking space is near the exit gate). I'm trying to get my apt. manager to compensate me for the amt. of my ins. deductible--my point being that they(apt. complex) were negligent in fixing the gate. Do I have a case? I live in the state of Kasas. Much Thanks.

 

[djdj]

Take lots of pictures of the broken gate, include some of them in your next rent bill and deduct the auto decuctable from the rent, since the landlord violated the lease by not proving us with the required service of security.

They will sue you, but its better for a judge to decide, since security was part of your lease

 

[LL]

Is this deduction allowable as a rent deduction in Kansas, djdj?

If they are sued for non-payment of rent, does the judge have the authority to take the rent deduction into account? He generally doesn't, if it is an unlawful detainer proceeding, and the rent deduction wasn't authorized by law.

 

[djdj]

If its in their lease that they are entitled to a secure premisis, and the gate is broken, and they got in that way..
I would think that would be a landlords violation of the lease. If I was paying EXTRA to live in a gated secure facility, I would expect the landlord to fix the gate IMMEDIATELY, not a week later after cars were broken into.

They could sue the landlord,in small claims court too,

 

[LL]

Assuming that all of what you said was true, djdj: in their lease that they are entitled to a secure premisis, and the gate is broken, and they got in that way..etc

Is this an answer to my question about the judge's authority?

Following your advice could result in the tenant being evicted, including having an eviction on his record plus having to pay attorney fees and court costs for the other side.

In general djdj, you have to look at local laws to see just what kind of rent deductions, if any, are authorized.

Small claims court is a better way. But you will have to explain why the landlord is responsible for the money you are asking for, and your own expectation that "I would expect the landlord to fix the gate IMMEDIATELY" is not sufficient. You have to explain it in terms of what the law requires, although in small claims court the judge may help you with that.

 

[djdj]

Thats true.....but I am from the old school of thought, If you pay extra for something theh there is no excuse not to have it.

When something like a gate is broken, it is a secrity violation, If i paid an extar $100-200-300 a month to live in that kind of enviroment then why should I not expect the landlord to fix the gate ASAP....?

If the super or maintence person was in the hospital, that would be a good excuse, but certain things are a no brainer, secrity is one of them, who cares if the grass hasn't been cut for a week or two, its just going to be a lot harder to do, but it doesnt affect people lives like a breaking and entering of a car would be.

I think small claims is a better idea....but she will need pictures and some verification as to when the gate was broken, and when did the management know......

If they have maintenence people on staff, uh why havent they fired them by now?

 

[LL]

You missed the point. The question is not, should you have gotten your money's worth. The question is how to explain it in court.

The judge will help you some with an explanation, but he can't take sides. The claimant needs to know, what are the conditions under which he is entitled to reimbursements, and then to present his claim showing that all of the conditions were satisfied.

The landlord gets to present his side, too, and he may have consulted with his lawyer(s) before coming to court. In fact, I don't know whether or not Kansas allows lawyers to appear for defendants in small claims court. Maybe they do.
The judge doesn't decide based on any old school or new school idea of someone getting what they think they are entitled to. He is supposed to decide according to the law, even if he holds a very informal hearing.

Can you sue for an insurance deductable (In Kansas, of course)?

 

[djdj]

OK lets try this......

The lease and the advertisement which induced me to rent here, stressed the security of a gated community, The rents for this community are higher then the average rents in the area so that security is part and parcel of the lease terms.

When there is a security lapse, the landlord must use all reasonable means to secure the premisis, and in this case the landlord knew or sould have known the gate was not functioning by his employees notifing him of such.

The landlord has the opportuniy to fix the gate asap, or to provide reasonable alternative security, such as Hiring security guards to prevent unauthorized access, the landlord FAILED in that responsiblity also.

Therefore since the landlord has failed to secure the premisis, he should be liable for any damages cause by the lapse in security.

Hows that?... a little more coherent....... ahhhh yes i can be nice too.

 

[LL]

That's great, djdj.

Next, what does Kansas law say about such liability?

Since the claimant already made a claim to his insurance, and the insurance paid, can he collect again from the landlord? Is the amount of deductable a loss that is the landlords problem? Is it the insurance company's problem to subrogate the claim and collect from the landlord? Did the acceptance by claimant constitute a final settlement? I don't know.

The only point here is that, what the law says is important, and both parties are in Kansas.