Legal Question in Real Estate Law in California

Re: responciblity of tenant's possesions upon landlords entry

you may definitely have a cause of action against your landlord under a negligence theory, if not other theories. i would need more facts to further assist you. [email protected]

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Re: responciblity of tenant's possesions upon landlords entry

The landlord is not automatically and conclusively liable just because of what happened. He has a right to show the place upon prior notice to you, and does not become an insurer of your property in showing it to a stranger. However, he has a duty to carry out such visits in a non-negligent manner; i.e. he should be reasonably careful who he lets in, and should observe the guests during the showing. If and only if you can establish negligence and that you sustained a loss due to the negligence, you could win in court.

Proving actual loss may be as difficult as proving negligence if anyone contends that the article that disappeared was never there in the first place or that someone else, possibly you, could be responsible for the 'disappearance.'

I am not doubting your facts, just pointing out that the defense would question them and the burden of proof falls upon you.

All in all, suit is probably not an economic choice unless the item lost is quite valuable and/or your evidence of negligence and loss are pretty solid. You might consider small claims, where the plaintiff's costs are a lot lower; also, you might be offered a settlement short of trial. On the other hand, the accusations necessary to file the suit will make the landlord quite unhappy with you, but if your place were being shown, you're probably moving out anyway,