I'm about to do the 'American thing' but I really don't feel right about it. But at the same time...

[Sub Atomic]

I spoke with my attorney earlier regarding my stolen bike. She strongly suggested that I sue my landlord in small claims court.

My landlord promised me a 'secure place' to park and lock my bicycle. From which it was stolen.

I know it's not personal with my landlord and it's all about insurance but I know my landlord is going to think I'm suing him personally.

*sigh*

Yay! I get to be forced to look for a new apartment soon too! :punchballs:

[wtmusic]

1. I have yet to hear an attorney recommend against suing anyone.

If you really don't feel right about it, don't do it. There was a time when I wish someone would have given me the same advice.

[Sub Atomic]

2. I've never been a litigous person.

Simultaneously, I've seen both friends and strangers sue for the most preposterous sums of money, for offenses far less egregious than those committed against me.

Where does one draw that legal line?

[wtmusic]

4. It's not really a legal line, is it.

We all know from time to time we can get away with things legally that aren't really...right.

I just know it's easy to let attorneys convince me I've been taken advantage of, I've been suckered, when maybe I was careless and/or a bit naive. Not saying your lawsuit wouldn't be justified - only you can make that decision.

[sweetapogee]

20. I'm a firefighter

I'm a volunteer firefighter in PA and my experience with renters is that they generally do not have renters insurance. A shame because it is very inexpensive. Anyway, almost every time I'm involved in putting out a fire in a rental unit, the renters lack insurance and generally suffer a great amount of loss to their personal property. The owner of the rental unit will have insurance and we hear about the tenants trying to collect under the owners policy but they are never successful. The owner will insure the building not the contents.

My guess is that a lawyer would take this case simply in the hope that the landlord will settle out of court. No lawyer will do this for free so unless this bicycle is really valuable you may win but still lose. Either way I cannot see how litigation will result in your getting your bicycle replaced without any cost to you in some form or another.

Having said this I wish you the best of luck.

[MADem]

3. How much did this bike cost?

If it cost less than three hours of "Attorney Time" just leave it.

Do the FREECYCLE thing; or post a request for a cheap working bike on CRAIGSLIST. Winter is coming, someone with a banged up bike and no room to store it might give you a good price.

When you get the new/used bike, pony up for some renter's insurance.

[Hassin Bin Sober]

5. Have you talked to the landlord about the issue?

Just because something was stolen from the property, that doesn't mean it's the landlords fault or obligation to make you whole.

You will have to show how he breached the "'secure place' to park and lock my bicycle" agreement.

Was there a gate left unlocked or door left unsecured by the landlord?

Remember, just because you are on someone else's property, that doesn't make them your insurer.

[wtmusic]

7. Ding.

If OP explained to the landlord his frustration at losing the bike when he thought it was parked in a secure area, there may be some kind of offer or deal that can be worked out without going to court.

And if his landlord is a real wanker about it, there's a lot less guilt about suing.

[Sub Atomic]

8. Unfortunately, the latter is more appropos in my case.

Yes, my landlord assure me a 'secure location' which was supposedly assure by numerous locks on gates and entryways. The drive-in gate, however, by the landlord's own admission, has had no lock, mainly for his convenience.

Simultaneously, he's been an asshole on other things as well with my neighbors. This is my first run-in with him.


I want him to file a claim with his insurance for the replacement of my property. I will work with him on the equity of paying his deductible. My property was stolen while locked in a 'secure area' of his property.

His resolution with his insurance company is on him.

[Hassin Bin Sober]

10. I feel for you and I hope you prevail.

Just keep in mind you have to show a breach in the written (or implied) duty to secure your bike storage area.

Leaving the gate unlocked for convenience is a good start.

Take pictures.

Good luck.

[wtmusic]

14. Sounds like you have a case.

My first lawsuit (I've only been involved in two) was against my landlord.

Like in many states, in CA by law cleaning deposits must be refundable. If you move out of an apartment and the place looks like it did when you moved in, you get your $50 back (this is a long time ago). But my landlord had the manager tell exiting tenants to go to hell - the carpets were dirty, the place smelled like smoke, whatever. No money back.

Well, I left my place spotless - I needed that $50, and when the manager wouldn't give it to me my Irish came out. I spent an afternoon taking the bus down to the Los Angeles Hall of Records, where I not only found out who the building owner was, I got his home address in Beverly Hills. Then I filed, and paid for my small claims subpoena to be hand-delivered by a County marshal to the owner at his front door.

Three days later I got a check in the mail for $65 (deposit, plus the marshal's fee) and an apology. Then before I turned in my keys I put a photocopy of the owner's address and what had happened under every door in that 52-unit building.

Felt good.

[Honeycombe8]

16. Even if ins. pays, there would be a deductible.

You say the "secure" area was locked, then you say it wasn't locked. Was it locked, when it was stolen?

If it wasn't locked, did you see that it wasn't locked, when you left your bike there? If it was locked, how did the thief get in, do you think?

Does it say anything about it in your lease? I'm thinking...maybe there's a provision in there that says he provides an area for bikes & such, but doesn't guarantee it won't be stolen or damaged, that the bike owner assumes all liability.

You say your landlord told you the place was secure. Do you have that in writing? That it is secure and will be kept locked and gated?

I think these are things the judge would ask you. First and foremost, your lease will be controlling.

But if it were me, I'd see if he'd file on his insurance, and see what money I could get back on it. Then I'd be stuck paying the deductible. If it's not much, then I'd live with that.

But...how much was your bike worth? My homeowner's ins. has a $1,000 deductible. That would have to be one expensive bike to file an ins. claim on it.

[Recovered Repug]

6. A couple of questions.

Is the promise of a "secure place" in writing?
What, if anything, has your landlord said about his responsibility in the matter?

[Sub Atomic]

9. I'm working through my 14 page lease to find the security clause.

He personally told me this evening 'I know you parked it where I told you but what do you want me to do about it' earlier this evening when I told him my bike was stolen.

[Hassin Bin Sober]

11. I'd be surprised if there is any language in that contract to put the landlord ...

... on the hook for anything.

[Nye Bevan]

12. Your landlord's insurance should cover this.

So it's not that big a deal.

[Hassin Bin Sober]

13. Only if the OP can show a breach of duty to reasonably secure the area.

Otherwise, the landlord or his insurer is not the OP's insurer. That's what renter's insurance is for.

[Honeycombe8]

17. That'd have to be one expensive bike to be worth filing an ins. claim.

The deductible alone would be, I would guess, $500 at a minimum. Maybe more. My homeowner's deductible is $1,000.

[KILL THE WISE ONE]

18. no a landlord policy does not cover personnel property of tenants

the insurance company will not cover this.

[McCamy Taylor]

15. My bikeriding friends in downtown Houston always brought them indoors. Theives have lock cutters.

Don't sue the landlord, because you left it outside.

[a la izquierda]

21. I keep my bikes in my apartment

They're on a tarp to prevent the carpet getting trashed (at my house in Oklahoma, I have a garage- but at my job in Ohio, no such luck).

[Jim Warren]

19. Take it up a notch

What if it was a car that was stolen?

[sweetapogee]

28. a homeowners policy

will not cover auto theft. That is what auto insurance is for.

[a la izquierda]

22. Is your bike worth having to look for a new place?

Do you ride a $5000 bike (and if yes, why is it outside)?
I'm not trying to pick at you. I would be super pissed if my bikes were stolen (my husband and I have a serious collection)
My friend had her bike stolen from her porch, where it was locked up (literally feet from her living room window). Another friend had hers taken from the rack in front of her job on campus.

[reformist2]

23. What are the odds your landlord withholds some of your security deposit?

Is your landlord the type to hold a grudge?

[Codeine]

25. I'm willing to bet that once the lawyer takes his cut,

the costs of the move are paid out, and the security deposit gets nitpicked all to hell that the OP ends up in the hole on this deal.

That's assuming the landlord settles. If he doesn't the ruling will almost certainly go against the OP and he'll really be screwed.

[Codeine]

24. The security of your property is not your landlord's responsibility.

Most likely your landlord will settle out of court and you (and your attorney) will get a few (undeserved) dollars out of him, but you'll also end up having to move and making a crap situation much worse. Take it as a life lesson and get some renter's insurance.

[yellowwood]

26. I've Been a Landlord

It's no picnic. Not that much profit in it considering all the grief that tenants can create.
It insurance pays, it raises the premium.

[Drew Richards]

27. how can someone in this day and age not have renters insurance?

Just askin

[alcibiades_mystery]

29. You're going to lose

And you're not going to have your lease renewed next time 'round, supposing you're even on a lease. You might be out as early as November.

Have fun.