Is there a way to sue my apartment complex If I had my motorcycle stolen while it was parked in my assignd carport?

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Is there a way to sue my apartment complex If I had my motorcycle stolen while it was parked in my assignd carport?

I had my motorcycle stolen out of my apartment complex 2 days ago. When signing the lease I specifically asked question about theft and crime in the area and they swore up and down that this was a safe neighborhood. I had no insurance on the bike and now I am stuck with a $9,000 loan and nothing to show for it. I am extremely upset with the complex because there was no security patrol that night and no cameras on the property. I would like to sue for negligence on their part. Is there any way to have them cover my bike or am I SOL at this point?

Asked on December 21, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the apartment complex for the loss of your motorcyle that you failed to have insurance for despite the fact that you still owe $9,000 on it. Whether you are successful is another story.

For you to be successful in a possible lawsuit for the loss of your motorcycle against the apartment complex (property manager and landlord) you have to prove that they know there was a high incident of theft and crime in the area and failed to disclose this material fact to you where motorcyles were routinely stolen.

Likewise, you will have to prove that had there been security in place the night the motorcycle was stolen, it would have not been taken.

From what you have written, it seems to me that you will have a difficult time proving any case of negligence against the property manager and landlord for the loss of the motorcycle.


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