Legal Question in Landlord & Tenant Law in California

tenant issue

If a random thief breaks into a Victorian home, then into a flat occupied by a tenant and causes major damage to the tenants property, who is liable to pay for that damage-the landlord or the tenant. The home was adequately locked; the damage resulted from a break-in.

Same question re damage to the tenants car by vandalism if parked in landlord's garage with proper locks. Thanks


Asked on 9/05/07, 4:46 am

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: tenant issue

Your facts aren't clear. Are you renting the Victorian home, or are you living in a room in the landlord's house?

Either way, you would have to show some negligence on behalf of the landlord for the landlord to be liable.

If you were renting a room in the landlord's house (called private lodger), it might be possible that an attorney could find some negligence by landlord, and file claim under landlord's homeowner's policy.

I suggest you retain an attorney to write a demand letter to landlord, because you will be overmatched dealing with the landlord's insurance company.

E-mail, or call, my office if you need more help.

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Answered on 9/05/07, 6:33 am


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