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I recently had some items stolen from a storage locker that is included in my monthly apartment rent. The locks are provided by the landlord and there was no forced entry. The agreement states that the landlord should not be liable for theft; but is this statement rather vague, since the landlord provides the lock and has a key. I have a feeling it was one of the maintenance workers, but I can not be certain. Would I have any grounds, if I wanted to take the case civil action in small claims. It seems like the landlords statement would be valid, if the tenant was able to provide their own locks. Any advice would be a huge help.

Submitted: 459 days and 20 hours ago.
Category: Legal
Value: $15
Status: AWAITING CUSTOMER ACTION
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Eugene, Oregon

Answer

Thanks for your question. You can file in small claims here. I think you make the argument that the landlord or employees were the only folks with access here. You certainly have this clause to overcome but at least you have a shot in small claims.

You argue that they maintain the locks, that there was no sign of forced entry, and that you were not at fault, etc. I can't tell you that you will win but often when you have a suit like this pending they offer you at least nuisance value to settle. This woudl allow you to salvage at least a portion of your loss here. I wish you good luck..

 

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Expert: RayAnswers
Pos. Feedback: 97.9 %
Accepts: 
Answered: 8/19/2008

Lawyer

25 years in civil, criminal, family, probate, elder issues, and administrative law

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