Legal Question in Real Estate Law in California
My former tenant is filing suit for an alleged robbery that took place while the property was being fumigated for termites. Am I liable? We gave notification to the tenant to remove their valuables and put them up in a hotel. In addition we have the instruction forms they signed with our pest control company that gives a checklist asking them to acknowledge that the need to remove their personal valuables and place any perishible items into plastic bags. They turned their keys over to the termite company for saftey reasons so they would not be able to enter the premises during the fumigation. We had two other units that were fumigated at the same time but this tenant was the only one that claimed a theft and they were evicted three months later for non-payment for their rent. They shortly their after sued us for this alleged theft.
2 Answers from Attorneys
First, a party cannot sue another for theft or robbery. These are crimes, Only the "people" can sue for crimes. I have little doubt that your former tenant sued you for something, but it probably isn't theft or robbery.
More likely, the lawsuit is alleging some kind of negligence that, in his theorizing, exposed him to the possibility of theft.
If indeed a lawsuit against you has been filed and served, you need to file and serve a response within 30 days, or you risk a default and default judgment being taken against you. However, I'm pretty sure the claims being made are not that you committed a crime, but that due to some kind of negligence on your part, someone else was able to commit a crime.
Please provide LawGuru with some particulars on the claims (causes of action) made against you in the suit. Then, we can provide more specific assistance. Also, please be sure that you don't let the response deadline go by without getting your answer filed and served.
It sounds like a weak case of negligence, at that. They would have to prove that you had knowledge that these particular third parties were criminals, something I seriously doubt they could do.
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