Oakland, CA asked in Landlord - Tenant for California

Q: I live in Oakland Ca in an apartment which has a gate that can be closed and locked but my landlord says he can’t enforc

I am disabled and my car has been stolen from my driveway because of the gate not closed

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: I understand you're facing a difficult situation with the security gate at your apartment complex in Oakland, California. Let me provide some key points to consider:

1. Landlord responsibilities: In general, landlords are responsible for maintaining common areas and ensuring reasonable security measures are in place.

2. Existing security features: If a security gate is present, there may be an expectation that it should be operational and used.

3. Disability considerations: As you mentioned you're disabled, this adds another layer to the situation. The Americans with Disabilities Act (ADA) requires landlords to provide reasonable accommodations for disabled tenants.

4. Local ordinances: Oakland may have specific local laws or ordinances regarding apartment security that could be relevant.

5. Lease agreement: Check your lease for any clauses regarding security measures or landlord responsibilities.

6. Documentation: Keep records of all communications with your landlord about this issue, including the car theft incident.

7. Legal advice: Given the complexity of your situation, it may be beneficial to consult with a local tenant rights organization or a lawyer specializing in landlord-tenant law.

To take action, you could:

1. Formally request in writing that your landlord address the security gate issue, citing your concerns and the recent theft.

2. File a complaint with the Oakland Rent Adjustment Program if your landlord is unresponsive.

3. Consider mediation services to resolve the dispute with your landlord.

4. As a last resort, you might consider legal action, but this should be done with proper legal guidance.

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.