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My daughter's landlord put a for sale sign in an upstairs…

Customer Question
My daughter's landlord put...

My daughter's landlord put a for sale sign in an upstairs window and left the gate to the condo unsecure. The apartment was broken into while she was in bed and things were stolen. She feels unsafe. Do I have recourse. The landlord is uncooperative.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California. I was supposed to meet with the landlord this weekend, as I also had to make arrangements to pay for rent for the second half of this month. She didn't show up, and won't answer my calls, and has now served us with an eviction notice.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

The lease is 6 months. It is supposed to end Feb. 6th. On the eviction notice she states that it ends Feb. 28th, which is inaccurate. The place was filthy when we moved in. We negotiated $200 off the rent, and cleaned it ourselves.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We talked on the phone and she was fine with me paying the second half of the rent this month, and we had a meeting scheduled. I drove here specifically for that. My name is ***** ***** lease as well. She taped the eviction notice to the garage door when I was at the condo without contacting me. She wants cash or a cashiers check delivered to her about an hour away, but I can't count on her being there. She wants to sell the place, but also wants to collect rent, which unfortunately the law allows.

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
11/12/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,470
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 8 months ago
I do not wish to sign up for a service. I was just trying to see what I could find out on a Sunday.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I understand. Bear with me a moment...

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Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. It's possible that the landlord's actions were the result of negligence. This means that if leaving the window and gate unsecure made it easier for someone to break in, then the landlord could be liable for the damages that were reasonably related to their actions. Generally, Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Did she state the reasons for eviction? Was it because you complained about the break in?

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Customer reply replied 8 months ago
No thank you, ***** ***** to figure some more out, before paying for service. Please cancel any fees associated with this transaction. The reason for the eviction is that I only paid 1/2 a months rent, and she agreed verbally to let me pay the rest at the end of this week, but the break in occurred on the same day of the agreement, and the police said it was most likely dure to the for sale sign, which we were not aware was in the window, as the girls always come in through the garage.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I imagine you received the request for a $59 phone call, is that correct?

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Customer reply replied 8 months ago
No, that is not correct. I am not ready to commit to any fee, other than the initial $5. I need to gather more information before I continue the process. Please make sure I am only charged $5. I may resume this process later. Thank you.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

I understand. Unfortunately, I don't work for Just Answer, I'm just here to answer your questions. You can always contact Just Answer’s Customer Care team by clicking here or calling them at 1-***-***-****. They'll help explain the terms and process a refund if you need it. thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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