Legal Question in Real Estate Law in California

Landlord Liability for Acts of Third Parties (Contractors, Repair persons)

My landlord hired contractors to do repairs in my apartment. The contractors were in my home while I was not there and stole valuable property. Is my landlord responsible and if so how to I get them to reimburse me for the loss?


Asked on 10/09/02, 9:18 am

2 Answers from Attorneys

Re: Landlord Liability for Acts of Third Parties (Contractors, Repair persons)

First ask the landlord for the names and companies of the contractors. Then complain to the contractors. You can also file a claim with the landlord's insurer or sue in small claims court. If you have renter's insurance - which is a good idea - you can file a claim with your own insurer.

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Answered on 10/09/02, 12:22 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord Liability for Acts of Third Parties (Contractors, Repair persons)

The prior advice is good, and I agree, but I would like to add a couple of thoughts.

First, if the contractors' entry was without the landlord's prior notice to you, the landlord has violated the notice statute and your complaint against him is stronger, based on the statutory violation.

If, however, you had proper notice, a claim against the landlord would be based upon a concept called 'negligent hiring.' You would have to allege, and prove to a judge or jury, that the landlord breached a duty of care he owed to you by failing to screen (or supervise) the contractor for honesty, etc. This is probably not easily done if this contractor has a good record. If, however, you can find proof that the contractor hires a lot of ex-cons or druggies, you might have a case.

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Answered on 10/09/02, 12:54 pm


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