Humble, TX asked in Landlord - Tenant for Texas

Q: My vehicle was stolen, gates are always left locked open, inadequate lighting, and “security” was suppose to be patrolin

There’s cameras which they do not want to show footage of

Related Topics:
1 Lawyer Answer

A: In most lease agreements, the parties agree that the landlord is not responsible for thefts occurring on the complex premises.

In the absence of such an agreement, you will need to show that either the landlord agreed to undertake the security measures mentioned in your question or that the theft of your vehicle was reasonably foreseeable as a result of prior similar thefts relatively recent in time of which the landlord was aware.

Fortunately, your automobile insurance likely has "comprehensive" coverage which insures your vehicle for theft. The insurance company will be subrogated to any claim you may have against your landlord, and can recoup some or all of what it pays to you under your policy from the landlord.

Assuming you reported the theft to police, they can require the landlord to give them any footage captured by any cameras.

If you intend to file a lawsuit for the theft, you should immediately send written notice to the landlord demanding that it preserve any footage or other digital images captured by cameras on the night of the theft between when you last saw your car in its parking space and when you first discovered it was gone.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.