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legal responsibility of break in?
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!
No, there have been no other crimes - I've been doing this for 5 years with no hiccups. No one instance of theft. It's my understanding that it's the tenant's responsibility to carry renter's insurance, even if the stay is for a month. If they didn't carry insurance, don't they suffer the consequences?
4 Antworten
- q SLv 7vor 8 JahrenBeste Antwort
From a legal perspective, do they have a case? Maybe, have there been any other crimes in the facility?
I can't imagine any small claims court asking me to pay for this laptop - you would be surprised.
Your state may impose additional requirements on a landlord.
- babyboomer1001Lv 7vor 8 Jahren
In all probability, they can't get renter's insurance to cover for just a month, especially given how this place is run, like a hotel. I am confused. You said you do the housekeeping but you did not open the window. Then you said she is trying to blame it on the employee. Well, isn't that you? If the police only think they have the guy responsible but he has not actually been convicted of the crime, then Sara/Lisa cannot go after the guy. I don't know the law where you live - you didn't say where you live but, in all likelihood, if she says the window was closed and locked, then the housekeeper would be the natural suspect. However, more questions would have to be asked. Is opening the window part of the housekeeper's job? Has she ever opened the windows, even just briefly to let in some fresh air and then closed them just before she leaves? In any event, Sara/Lisa is entitled to reimbursement of the laptop and, because the place is run like a hotel, with the hotel's staff coming and going, the hotel is responsible for the theft.
Quelle(n): Certified Paralegal - Anonymvor 6 Jahren
the general rule is ""rental, therefore get rental insurance...'' you, in affect admitted negligence by paying them ....small claims court awards the fair market value of a used laptop....insurance pays replacement cost for a new computer....you are guilty....you have paid close to what you will lose....pretty much you admitted you left the rental unsecured....and that is what they claim...they can't now claim it was unsafe and needed to vacate....so you owe nothing else...