Los Angeles, CA asked in Real Estate Law for California

Q: Can we take action against my building owner for failing to secure the building?

There have been a rash of package delivery thefts in our building lobby for some time now. A man who the building management has video footage of has been breaking into the building and stealing tenants' packages. I also have a copy of this video footage the building manager shared with me. He has been doing this in the entire neighborhood. The landlord/building manager is well aware and he has also informed the building owner to my knowledge. This has been going on for at least two months and they have done nothing to fix this issue. Are the tenants able to take legal action against the building owner/management to reclaim their losses? For example small claims court, since they have not moved on this and are costing the tenants loss of valuable property? Is there a municipal code that I could cite? Please advise. I also wrote the building owner about the issue and he more or less called and threatened me with eviction

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1 Lawyer Answer

A: You are sort of in a catch-22 here. The owner should hire a security guard to watch the building and the lobby, and there should also be security cameras in place. However, it won't do you much good if you get fired for asking for reimbursement for stolen packages. I don't know exactly how your building handles mail and packages, and I wonder if the manager of the building gets his packages and mail. Since you have already notified him of he problem, and he hasn't solved it, you could now go to Small Claims Court the next time this happens and make a claim for negligence against the owner for not securing the building. And you could claim damages for whatever losses you incur.

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