Legal Question in Real Estate Law in California
Help! I Desperately Need Some Understanding
3 months ago, someone set my car on fire. My insurance coverage was only liability and of course did not replace my car. My fault, I understand. However, the place where the fire occurred is on private property. I am renting a condo. This is a gated community that one must pay for keys and a remote to the gate. The fire damaged the coverall and the parking space where my vehicle was parked and now my landlord wants me to pay for it. The gate was broken at the time of the incident and still is. I was told that because I live on private property the police would not come. Do I have any legal recourse? I feel that I'm being victimized twice. I paid for a remote to a security gate that I have never had the priviledge of using in over 1 year. I'm not saying that the accident would not have happened, but it definitely would have reduced the chances of it happening,if the gate was working. Please help my understanding. I am new to CA and its laws. What type of attorney would I need? Again, I need help and some understanding, Please. What can I do??????
3 Answers from Attorneys
Re: Help! I Desperately Need Some Understanding
I can't say for certain, but I know of no legal theory making you liable for damage to the landlord's property when someone else vandalizes your car.
Re: Help! I Desperately Need Some Understanding
If the loss was less than $5,000, you should sue the owner and association for your damage in small claims court. If your loss is greater than $5,000, please contact me and I may take your case.
Re: Help! I Desperately Need Some Understanding
You have two issues: (1) Can the landlord recover the cost of repairing the parking structure from you; and (2) can you recover the damage to your car from the landlord. In general the answer to both questions is: No.
Unless there are prior similar incidents to put the property owner on notice, there is no duty to take measures to prevent the criminal activity of third parties, except as specified by law. The law requires the landlord to provide a door with a working lock for an apartment. It does not require security guards unless there have been criminal incidents of the same type at the same time and place.
Similarly, you have no responsibility for the damage caused by the criminal acts of others in setting fire to your car.
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