What to do if I signed a lease that clearly states that they not liable for damage even if they have security on the property and my car was vandalized?

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What to do if I signed a lease that clearly states that they not liable for damage even if they have security on the property and my car was vandalized?

My car was vandalized in the garage and there are signs and cameras stating that all activity is recorded to aid in the prosecution of criminal activity on the premises. However, the camera weren’t working and the gates were broken. Am I just grabbing at straws if I try file a claim against their insurance company or take them to small claims to get back my deductible and rental car fees?

Asked on November 14, 2012 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A written liability waiver contained in a lease or other contract, like the one you described, is legal and enforceable. If you signed a lease saying the landlord or building manager is not liable for any damage to your car (or other property), such a provision is enforceable and you may not sue them. This is why people should have fairly comprehensive auto and renter's insurance--to provide a source of compensation when no one else is liable.


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