Legal Question in Insurance Law in California

I currently rent a unit in a condo building in downtown. Also included is a storage unit on our same floor for our own private use. The storage unit has 2 locked doors. One main door that is dead bolted and inside there are two separate units. Each locked by separate doors (therefore taking 2 separate keys to enter).

Last week I found some major items to be stolen.. I filed police report, etc. Unfortunately, I do not have renters insurance. However, I believe the building / HOA has some responsibility for the stolen items. First, I was told by one of the buildings security guards that this has happened recently to others and they feel it may be an inside job because of the fact that the locks aren't broken and it must be someone with a key. I filed an Incident Report with the building immediately. Then, in speaking with the building manager, I was told that when the building was constructed the developer used a common lock for all the storage units outside door (still leaving mystery of someone getting into 2nd door). There was no reason to believe this to be the case. Actually, at one point when we misplaced our key no one could help let us in because "no one else has that key."

The day after the incident the building now took action and replaced the locks to many units so they did not have the same key. Taking this action the next day makes me feel like they know that should not have been the case. Also, with the new key that was issued, there was something to sign stating they have no liability for stolen items. At this point I have not signed the new agreement because I'm trying to determine liability before the theft not by signing something after the theft that may take away some of my rights.

Is this something the building should be responsible for? What action should I take next? Any guidance would be appreciated.


Asked on 5/10/10, 8:49 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

You should consider a liability claim, and possibly a contractual claim (depending on what language is in your rental agreement) against the landlord and perhaps the owner of the storage area if they are not the same. Possibly even against the security company. Landowners can be liable for criminal acts if they are foreseeable. Depending on how the amount of your loss, it might be worth your while to see an attorney. Good luck.

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Answered on 5/20/10, 1:02 pm


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