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View Full Version : Can we file a class action lawsuit against our landlord?


thankthecosmos
Dec 5, 2013, 08:04 PM
Cars are being stolen from the complex. Including ours. Managers refuse to do anything about it.
I don't hold them responsible for the crime but they are not handling it correctly. When I asked them if they were planning on letting people know what's going on, they said no. I think that people have a right to know what's going on.

Also, a few months ago a letter was sent out. Someone not on a lease was staying at the complex. The letter simply stated that we aren't allowed to have people staying with you unless they're on the lease. Gotcha. That's cool with me.

I am now finding out that that "someone" that they were referring to is brother of one of the on site managers... Apparently he was breaking into apartments, stealing cars, bullying people.

I don't understand why they can send out a letter to protect themselves but they can't seem to write a letter to protect everyone. When I confronted them about what I was finding out, they went from KNOWING that cars were being stolen, to NOT KNOWING. Then, one of the managers asked me what kind of car I drove and when I told her it was a Honda, she says "Oh yeah, it's been Hondas" What? So you did know? Jerks.

I called corporate and the person who supervises our complex was SUPER RUDE. She was way more concerned about protecting her managers VS her tenants. CAN I SUE?

I plan on talking to more neighbors. Stuff like this was never an issue... not until about a year ago or so when they switched managers.

Oh yeah, two different apt. complexes (owned by same company) complained about their managers... and corporates solution to that is to simply switch them... sigh... seriously... how do I sue these people?

Ive been doing research, and NEGLIGENCE seems to be something I can sue them for. I mentioned the letter because the manager knew that it was her brother who was committing crimes and didn't tell people. I have been reading that it's the managers responsibility to let tenants know when crimes are occurring so frequently. I understand that the landlord is only responsible for so much but c'mon, really? I have thougth about leaving letters to tenants, have no problem doing that but it doesn't seem right that I HAVE TO BE THE ONE THAT DOES IT. I have a friend who was a landlord for ten years. They had a break in. She contacted corporate. She threatened to get the tenants to complain if they didn't do anything. Corporate then installed cameras. The complex I live in is LOW INCOME housing but its in FULLERTON, it seems like they don't care as much because it's low income. I refuse to believe there's nothing that can be done.

ma0641
Dec 5, 2013, 09:12 PM
What is YOUR loss. That is the basis of tort. From what I read YOU have not suffered any loss.

thankthecosmos
Dec 6, 2013, 12:00 AM
MY LOSS is my car...doesn't that count. Our car was stolen, stripped, obviously a professional job. To make matters worse, we now have to pay the tow yard that's currently holding the car. We don't have the money to pay and each day that goes by it's getting more expensive. That has been very stressful. We were planning on moving out before our car was stolen. We had found a house we were going to rent from a very nice older couple that I had recently met. Now we can't move out because we had to get a new car which has been pretty stressful. Talking to both managers and corporate has not been at all helpful. I am a very reasonable person and I believe in talking things out. For them to handle things the way they did was inappropriate in my opinion.

Fr_Chuck
Dec 6, 2013, 02:52 AM
You will have to prove that they know who stole your car, and that this person did indeed still the car.

So if the police catch the person, and it turns out to be the person. And then you can prove that the apartment management knew this. Not what you think, but what evidence can you present in court

ScottGem
Dec 6, 2013, 06:09 AM
There is no ground for a class action here. Nor is it the complex's responsibility to prevent car theft, unless there was a promise of security when you originally signed the lease.

The answer is to get all the tenants together and threaten a rent strike unless security is beefed up and unauthorized persons removed.

ma0641
Dec 6, 2013, 08:53 AM
MY LOSS is my car...doesn't that count. Our car was stolen, stripped, obviously a professional job. To make matters worse, we now have to pay the tow yard that's currently holding the car. We don't have the money to pay and each day that goes by it's getting more expensive. That has been very stressful. We were planning on moving out before our car was stolen. We had found a house we were going to rent from a very nice older couple that I had recently met. Now we can't move out because we had to get a new car which has been pretty stressful. Talking to both managers and corporate has not been at all helpful. I am a very reasonable person and I believe in talking things out. For them to handle things the way they did was inappropriate in my opinion.

If you had insurance, they would pay for the loss. Comprehensive is inexpensive. If they paid you for the car, you have no loss. Did you have insurance?

joypulv
Dec 6, 2013, 10:11 AM
Knowing that a manager's brother is possibly or probably committing crimes on the property and not doing anything about it, and not telling tenants, is unethical but a very, very tough legal case. I'd guess zero chance of a lawsuit, and I doubt that there are enough tenants for a class action. I like the idea of tenant organization much better.
If you organize the tenants and the landlord evicts you, then you have a legal case. I lived in a complex once where that happened.