Chesterton, IN asked in Civil Litigation and Landlord - Tenant for Indiana

Q: My package is lost, the property manager sign for it.

Landlord shall not be liable for theft, loss, damage or destruction of personal property, damage arising from the acts or negligence of other residents, the elements, or damages arising from acts or occurrences over which it has no control.

Resident agrees that Landlord shall not be liable for any damages to, or injury of, Resident, Resident's agents, invitees, or employees, to any person entering the Premises or Building to which the Premises are a part, or to personal property therein, where the loss may be protected by the standard form insurance policy known as "Resident or Renters Insurance," Resident agrees to indemnify and hold Landlord harmless from all such claims of every kind and nature. Resident shall maintain, throughout the term of the lease, at its sole cost and expense resident liability insurance policy based on a per occurrence limit of no less than $300,000.00. Landlord and Owner shall be listed as "Additional Interested Parties" to such policy.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: In your situation in Chesterton, Indiana, where a package was lost after being signed for by your property manager, the terms of your lease agreement as you've described them indicate that the landlord typically is not liable for lost or stolen personal property. This includes situations where the loss might occur due to the actions of staff or property managers.

However, since the property manager signed for the package, there could be an argument that they assumed responsibility for its safekeeping. If the package was lost after being signed for and before it was delivered to you, you might have grounds to request compensation or at least an investigation into the matter by the property management.

It's advisable to first approach the property manager or landlord directly about the issue. Explain the situation and see if they are willing to resolve the matter amicably. If this approach does not yield results, you might consider seeking advice from an attorney.

Additionally, check if you have renter's insurance that covers lost or stolen items. Such policies often provide coverage for situations like this, and you may be able to file a claim for the lost package.

Remember, communication is key in these situations. It's important to calmly and clearly state your case to the property manager or landlord and give them an opportunity to address the situation.

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