Legal Question in Real Estate Law in California
Devistated - stolen car from ''gated community''
I recently moved to Sacramento to finish my degree. Due to the crime rate in Sacramento, I specifically looked for apartments with gates ''gated communities'' for I had a nice car. The place I found advertised as a ''gated community''.
The first two months the gate was operating correctly i.e. was closed all-day. Note: to enter or EXIT the community, one must use the remote (there is not a code, nor does the gate open automatically when leaving - you need a remote).
The second two months people ramming it were damaging the gate intermittently.
The entire fifth month the gate was wide-open 24/7. Many complaints were made to management to get gate fixed. I personally asked why the gate was still broken and the manager explained that they were installing cameras and fixing the gates that week.
Three weeks later my car was stolen from within the so-called ''gated community''.
I believe this to be pure negligence on the part of the apartment community. Because the gate remote is on my key's, and the car was stolen at ~5-7am, it is not likely that the thieves would have been able to steal the car; moreover, the closed gates would have been a substantial deterrent.
1 Answer from Attorneys
Re: Devistated - stolen car from ''gated community''
This is not really a real property question; you might find the right lawyer to answer your question and to represent you under a "torts" or "negligence" heading. Nevertheless, I have heard of cases where reduced security measures by a landlord were held to be a breach of duty and therefore actionable negligence. Depending upon the dollar amount of your loss, a lawsuit in either small claims or superior court might be successful and worthwhile.
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