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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 117370
Experience:  Attorney with over 24 years experience.
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I am a tennant. Someone vandalized my car overnight on the

Customer Question

I am a tennant for 4yrs. Someone vandalized my car overnight on the grounds. There are cameras. Told landlady immediately. She did not review until it was too
Late. Tape was already erased in her error. Do I have a claim? 4000.00 in damages.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am afraid that the general premise is that the landlord is not the one liable for damage to a tenant's property unless they have engaged in some active security measure and done so negligently. The problem here is there is no guarantee, even if the video existed, that you would have been able to have sued the party who damaged your car and would have recovered anything. Thus, the landlord not having the video any longer did not really cause your damage and that is what a court is going to be looking at. So if she erased the tape after you reported it, you are going to have to prove in court that had she not erased the evidence, you would have been able to recover from the party who was on the tape damaging your car and if you can prove that, then it is possible that the court can hold her liable for destroying the evidence after being given notice the tape was evidence in a civil and possibly criminal matter. So it is not that you will not have a case, it is just that you have a tough one.

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