Landlord Negligence: Property Missing After Walkthrough

[FatalError2319]

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

Background:
My roommates and I have a lease which expires soon and our landlords are in the process of finding new tenants for the home. The landlords have been showing the home to potential renters while we are still living in it. The landlord recently showed the home to potential renters while my roommates and I were not home, and when we returned some of our property was missing (~$1000).

Our lease states:
"Landlord shall not be responsible for any loss of Tenant(s)'s. Tenant(s) hereby acknowledges this and agrees to make no such claims for any losses or damages against Landlord, his agents, or employees... [Tenant(s)] acknowledges that if he/she fails to procure such [renter's] insurance, it is his/her responsibility and he/she alone shall bear the consequences of any casualty or loss incurred during this residency."

Question:
It appears that our property was stolen while our landlord was showing our house to potential renters. Do we have the right to sue the landlord for negligence if it should come to that?

 

[atomizer]

Did you file a police report or is this an arbitrary figure based on rent being due in a week?

 

[Searchertwin]

I like to know how one can carry over $1,000 worth of merchandise and the LL not see it?
I like to know also if this was close to paying rent?
Do you think that's part of the reason why the LL included that section because of tenants like you? We have to cover ourselves at every angle.
Anyone can sue for any reason. But you have to have proof that the LL took it. You could have given a key to a friend of yours. One of the other tenants could have come back without you being there and pawn the missing items. So many variables here.
And if you don't have renters insurance, and you probably don't, than you should have.

 

[atomizer]

I don't think that the clause means to cover theft due to negligence (could the LL steal all your stuff ?? - thats the logical conclusion); so you could sue the LL.

Would you win? Really depends on the judge .. a nose to the grindstone judge would say thieves could have broken in on the same day & you lose.

What was stolen?

Why would the LL want to take OP'S stuff? The LL culd do a whole lot better, including a more opportune moment and method. It is likely that op's stuff was taken by roommates. Besides op's credibility rests on what was taken. There is little to be gained by causing a situation that will negatively impact your business._

 

[Hot Topic]

You may think you know who took the items in question. Proving it in court is another matter.

 

[John_DFW]

It's not unheard of for items to go missing during showings or open houses, or for windows or doors to be left unlocked for later entry.

Absent negligence like the landlord forgetting to lock the door when the left, it seems the landlord would have limited liability.


If there are no signs of forced entry, how are you going to prove who left the property unlocked?