Laptop stolen - window left unlocked - am I on the hook to replace it?

Question

I rent apartments and houses to people visiting the area for a month or two (it's like corporate housing).

I rented an apartment to a person named Sara for the month of September. On the night of September 26 or early September 27th, someone entered the apartment through an unlocked (and possibly open) window and took a laptop computer. The morning of September 26th Sara discovered the theft and immediately packed her belongings and moved to a hotel.

I called the police and met them at the property. There was no sign of forced entry and the police concluded that the window was unlocked and likely open.

Since September 26th I've been communicating with Sara's department coordinator, her name is Lisa. Both work at a large hospital.

On or about October 7th, Lisa emailed me and told me the police apprehended the person who took the laptop, but that by the time he was caught/confessed, he had sold it. She also asked me to reimburse the hospital the four nights that Sara didn't stay at the apartment.

My response was that I provide a secure apartment with windows and doors that lock, but that it is the tenant's responsibility to properly use them. If the window had been locked, the entire incident could have been prevented. However, as a gesture of goodwill I provided them with a partial refund.

Today I receive an email from Lisa. She now wants reimbursement of the entire balance from me. She also wants me to send her a check for $850 to reimburse her for the stolen laptop. They've started pointing the finger at me, saying that I was the last person in the apartment (to do housekeeping) and who's to say I didn't open/unlock the window?

I told her that I unequivocally did not unlock the window and had no reason to. I told her that if she seeks restitution of the stolen computer, to go after the person who took the computer and confessed to the crime, not me. Her employee caused this entire thing to happen, and they are looking for ways to shift the blame onto me.

From a legal perspective, do they have a case? I can't imagine any small claims court asking me to pay for this laptop, but wanted to get some advice before I made this assumption. Thanks for your help!

Adrian · Accepted Answer

You are not responsible for her leaving any window or apartment open. To protect against theft, tenants should buy tenants insurance. next time, make that a condition of rental, that they sign they will obtain tenants insurance for their own protection. Whether they do or not, is still their problem if they agreed to do so.
Also, that kind of insurance protects them from un-intended damage, like accidentally leaving the tub running, or leaving something on the stove causing a fire....

Mujer Alta · Answer

Leaving was Sara's choice and Sara should be responsible for the hotel expenses ...on the other hand, the case could be made that it's your responsibility to inform renters when they "check in" to make sure the property is secure whenever they leave the premises. Don't assume. Put it in writing. Have the do's and don'ts printed and have renters sign and date it, giving them a copy. After all, as the owner of the rental and its contents, you're as likely to suffer losses from break ins and vandalism as they are. I'd recommend an alarm but most people can't remember to enable it when they leave or to disable it when they enter. In any case, the contract you use should definitely have a "not responsible for...." clause in it. I'm surprised it doesn't.

Responsibility for the open window is another matter. Since you entered the apartment, you may share some or all of the responsibility for the open window - unless Sara can remember leaving it unlocked and/or open and fess up to it. This is a perfect case for third party adjudication, for Small Claims Court.

You and Lisa are getting nowhere arguing back and forth about who is or who is not responsible for what. It's time to end this thing.

Responsibility for the open window is another matter.  Since you entered the apartment, you may share some or all of the responsibility for the open window - unless Sara can remember leaving it unlocked and/or open and fess up to it.  This is a perfect case for third party adjudication, for Small Claims Court.

You and Lisa are getting nowhere arguing back and forth about who is or who is not responsible for what.  It's time to end this thing.

Xyso · Answer

Hi,

Just forget the whole thing and try not to rent to psychos anymore. :)

You have no responsibility whatsoever to pay for her hotel, missed days at work, nor her laptop.

If she didn't take out Renter's Insurance, then it's her own problem. She should have.

When the guys case gets to court, HE will be made to pay for the laptop he stole. Ironically, he may also have to pay for the subsequent problems the theft caused i.e. the stay at a hotel, etc.

You personally are responsible for none of this.

Always at your service,
Hugh

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Comicbook Reader · Answer

I'd repost this - exactly as you've written it - in the Politics & Gov --> Law Enforcement and Police. There are a couple of people that lurk over there who seem to have a pretty good grasp of the law.  The only thing I'd add is what country.

John · Answer

no you dont have legal responsibility.if that was the case,anyone renting property would be able to sue the landlord for theft. tell the hopsital to use insurance to cover the loss. or for sarah to use renters insurance.which you should have if you rent.contact me if you need more help. jdbj32m@yahoo.com

Laptop stolen - window left unlocked - am I on the hook to replace it?

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