Landlord vs. Tenant

[Gigs]

Need Advice,
I have a tenant who moved in and within a months time, their vehicle and apartment was broken into on the same day. The vehicle was broken into in the morning 9:00am approx, I was also informed by the tenant hat they left the apartment keys in the vehicle. And the keys and their car stereo was stolen. Then they came home that evening around 8:00pm and found that the apartment was broken into. Now, there wedding rings were stolen, among other things. After all of this, my tenant is now demanding that I repay her for the stolen wedding rings, because I as the landlord am responsible for their safety. And because their apartment was broken into, I owe them. Am I responsible for this? I have been requested to reply back by the 4/27 or they will seek third party council. Any suggestions, what do I say??? How do I reply???? Help!

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Gigs:
Need Advice,
I have a tenant who moved in and within a months time, their vehicle and apartment was broken into on the same day. The vehicle was broken into in the morning 9:00am approx, I was also informed by the tenant hat they left the apartment keys in the vehicle. And the keys and their car stereo was stolen. Then they came home that evening around 8:00pm and found that the apartment was broken into. Now, there wedding rings were stolen, among other things. After all of this, my tenant is now demanding that I repay her for the stolen wedding rings, because I as the landlord am responsible for their safety. And because their apartment was broken into, I owe them. Am I responsible for this? I have been requested to reply back by the 4/27 or they will seek third party council. Any suggestions, what do I say??? How do I reply???? Help!<HR></BLOCKQUOTE>


My response:

I was really hoping that Tracey would see this post and respond, because the situation as related by the writer, I think, is both serious and comical. But, I will attempt to respond in her stead.

Is your tenant from Outer Space? Since when is a landlord liable to a tenant for a burglarized apartment or car in a situation like this? Your tenant has a responsibility to care for, and protect, her own car and keep keys safe from theft. This was her responsibility, and she failed. And besides, the timing of the car burglary, versus when the apartment was broken into, was too close in time for anyone to do anything about it. A landlord is not a babysitter nor an "insurer" of someone's safety or security, in the absense of such occurring in the past. You have no responsibility to your tenant, especially when it was she that set these events in motion by leaving the keys in her car. And besides, she also had a duty to herself to have her own "renter's insurance" coverage, which bolsters the argument that a landlord is not an insurer of someone's security.

Tell your tenant that you are not liable for any theft and, as a matter of fact, because of her own negligence, you are charging her for new keys, locks and labor for installation, and any other damages caused by the "break-in."

Any comments Tracey?

Good luck to you, and that's my story and I'm stickin' to it!!

IAAL




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[misch]

I agee - your tenant is out of their mind! She should have purchased apartment insurance! And been a whole lot smarter....you are not liable for anything lost or stolen - but should probably send her packing! If anyone sees Tracey - who I've heard alot about - please have her reply to "misch" Driveway posting! Thanks.

 

[Tracey]

Gee, I'm in demand tonight.

Can you tell me your state Gigs? I'd need to check the landlord tenant act to be sure your state hasn't declared stolen keys a "repair" that must be completed within 3 hours of reporting. Seriously, though, you have 24 hours to fix a broken heater in the dead of winter. My guess is you get at least 24 hours to rekey locks. Look up the LT Act on the net (www.findlaw.com, the states link) and print out the part that lists what needs to be fixed in 24 hours. Hand it to her and tell her to buzz off.

If she were really worried about having her apt burgled, she should have stayed home until you could get a locksmith out to rekey the locks. She chose to gamble by leaving the apt unattended and she lost. What kind of idiot keeps her apt keys in her car anyway??

You abslutely should charge her for the locksmith fees: $~50/lock + $10/key (including the extras you have to have made). Also, if the building is secured and you have to change the outer door lock, you get to charge her for everyone's key. I tell my tenants that losing their keys will cost them about $2000. It's amazing how many of them manage to fid the "lost" key when they hear that.


Ciao,
Tracey

PS: If the general building security HAS been compromised, you have a duty to rekey the foyer door locks reasonably soon, especially if you live in a "high crime" area.


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

[This message has been edited by Tracey (edited April 21, 2000).]

 

[Gigs]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Gee, I'm in demand tonight.

Can you tell me your state Gigs? I'd need to check the landlord tenant act to be sure your state hasn't declared stolen keys a "repair" that must be completed within 3 hours of reporting. Seriously, though, you have 24 hours to fix a broken heater in the dead of winter. My guess is you get at least 24 hours to rekey locks. Look up the LT Act on the net (www.findlaw.com, the states link) and print out the part that lists what needs to be fixed in 24 hours. Hand it to her and tell her to buzz off.

If she were really worried about having her apt burgled, she should have stayed home until you could get a locksmith out to rekey the locks. She chose to gamble by leaving the apt unattended and she lost. What kind of idiot keeps her apt keys in her car anyway??

You abslutely should charge her for the locksmith fees: $~50/lock + $10/key (including the extras you have to have made). Also, if the building is secured and you have to change the outer door lock, you get to charge her for everyone's key. I tell my tenants that losing their keys will cost them about $2000. It's amazing how many of them manage to fid the "lost" key when they hear that.


Ciao,
Tracey

PS: If the general building security HAS been compromised, you have a duty to rekey the foyer door locks reasonably soon, especially if you live in a "high crime" area.

<HR></BLOCKQUOTE>

Tracey,
Thanks for the advice. This occurred in the State of Hawaii.
Thanks
Gigs

 

[Tracey]

OK Gigs, the Hawaii landlord tenant act is in title 521. Here's the link to the entire act: http://www.capitol.hawaii.gov/hrscurrent/Vol12/hrs521/

Here's part of 521-64 on how long a landlord has to repair:

(c) The landlord, upon written notification by the tenant of any defective condition on the premises which is in material noncompliance with section 521-42(a) or with the rental agreement, shall commence repairs of the condition within twelve business days of the notification with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within twelve business days for reasons beyond the landlord's control the landlord shall inform the tenant of the reason for the delay and set a reasonable tentative date on which repairs will commence. In any case involving repairs, except those required due to misuse by the tenant, to electrical, plumbing, or other facilities, including major appliances provided by the landlord pursuant to the rental agreement, necessary to provide sanitary and habitable living conditions, the landlord shall commence repairs within three business days of receiving oral or written notification, with a good faith requirement that the repairs be completed as soon as possible; provided that if the landlord is unable to commence repairs within three business days for reasons beyond the landlord's control the landlord shall inform the tenant of the reasons for the delay and set a reasonable tentative date on which repairs will commence.


So, you have 3 days to fix a complete lack of water, but if the tenant caused the water outage, you get even longer. I don't think you had a duty to replace the locks within 12 hours, when the tenant's own negligence created the situation necessitating the replacement.


Tracey


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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.