CanI sue my landlord for damages to my car?

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CanI sue my landlord for damages to my car?

I moved into my apartment 4 months ago. On the advertisement on the MLS I was led to believe I would be getting a 1 car garage with my lease. Upon moving in I was told not only was I not entitled to a garage but that the garages where rented out as storage and that they are not used for cars. So then I asked if I was able to get a stall in the covered carport. I was then told that there was a waiting list for them and I would be the next one to get one. I still have not gotten one. This morning when I went to my car Ihad very long deep scratches. Can I sue?

Asked on March 13, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can suethe person who scratched your car if you can ascertain who did it. The measure of danmages would be the costs of repair. However, to sue the landlord for the scratch would in my opinion not be successful from what you have written for the simple fact that if the landlord did not damage your car, he or she would not be responsible for it.

However, you might have a claim against the real estate agent under the laws of your state for placing an improper reference in the MLS regarding the garage that came supposedly with your rental. California Civil Code section 1088 provides for a statutory violation for misleading information in the MLS if relied upon by a person. The issue is what would be your damages? Possibly the monthly costs for a garage for the period of your lease. I suggest that you consult with a landord tenant attorney further about your matter.


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