Q: If my landlord doesn't keep the gates closed and I incur theft of my auto does Warrant of habitabilty take action?
Gated parking garage broken 7 weeks and I lost my truck to thieves
The warranty of habitability addresses the living condition of the habitable portions of the premises, not the parking garage.
The theft of your truck from the parking garage does not constitute a breach of the warranty of habitability.
In most leases, the parties agree that the landlord is not responsible for thefts or other crimes committed by other parties on the premises. In the unlikely event that your lease does not contain such an agreement, you may have a claim against the landlord for negligence. However, the degree of fault of the landlord will be compared to the degree of fault of the thief and to your own degree of fault in parking garage knowing the gate was broken.
From a legal perspective, your best remedy will be against your own insurance company if you have typical coverage and didn’t cut corners to save a few bucks.
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