Legal Question in Landlord & Tenant Law in California
Apartment Buildings?
I moved into an apartment and my place was broken into. The light that covers the hall and my door has been out for about 4 months. It seems like they tried to break in through the front but theres only a small mark. So I also believe of the possibility they must have a key? I contacted my property management to have the locks replaced and they want to charge me for that but I believe it is not my fault and they should pay for it because the hall light has been out. So should I pay or should they pay a new door lock?
2 Answers from Attorneys
Re: Apartment Buildings?
If it's not complicated, you could probably buy a lock and put it in yourself. Check the lease and see if you're required to give the landlord/property manager a key. If not, then don't. If you're not that handy, you can hire a locksmith to do it.
It's one of those issues that just needs to be worked out. The landlord has contracted to provide you with quiet enjoyment of your residence. That might include their replacing the lock.
Re: Apartment Buildings?
Write the landlord a letter concerning the locks, and keep a copy (or send it to property management). Tough to give you an answer here...would depend on the judge is small claims court. If there was a police report, and police put in writing that there was a possibility missing light contributed to burglary, or a key---not yours---contributed, there is a good chance you would win. On the other hand, if there was a burglary, and neither you nor landlord at fault, I doubt that you would prevail, and you will also be out court costs. It is unfortunate that you were not responsible here, but it might be better to install and a new lock and move on with your life (especially if you are handy enough to do it yourself, and not call a locksmith.