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

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1 Lawyer Answer
John Michael Frick
John Michael Frick
Answered
  • Frisco, TX
  • Licensed in Texas

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.

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