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

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

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.

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