Legal Question in Real Estate Law in California
We rent an apartment that comes with a garage with an electric door opener. The opener has a key entry trigger. It seems that anyone can "pick" this key lock and open our garage door. The landlord forbid me using a padlock because he says that it voids his insurance if there is a fire. I have a lot of stuff in this garage that I dont want stolen and now it seems that any one can get access to. I dont live in the best areas. What are my options and how do I secure my stuff? Can I hold the landlord liable if my stuff is stolen?
2 Answers from Attorneys
Best advice is to get renter's insurance so if some one picks the electronic lock you have coverage for your stuff. Perhaps you could get an alarm and continue to complain to the LL about the situation until they upgrade the system that way of some one does pick the lock you may be able to sue the LL, but how many times has the lock been picked and stuff stolen form the garage Iin the last 12 months? If it has been a couple or more then your LL will have liability for stuff being stolen if none then that may be more difficult, but that is why you are going to get renter�s insurance. Its much cheaper than hiring a lawyer to sue your LL.
Good luck and hope that helps.
You could try sueing for negligence, but I don't think you'd have a good chance of winning because you are aware of the risk and have assumed it, and also because the landlord's duty to provide secure locks on a separate garage is dubious.
In addition to insurance, you might talk to the manufacturer of the garage-door opener to see if there is a way to enhance the security. Many years ago, the opener codes were user-programmable. Don't know if this is possible any longer, but maybe there is some way they can suggest to prevent strangers from using a scanning device to figure out your opener code.