What are my legal rights?

amother

Ivory

Thu, May 12 2016, 12:19 pm

I wrote a couple of weeks ago about how my landlord was planning to show my apartment before I leave. I have tried very hard to accommodate this, keeping the house neat and making a point of being available when they ask. I have put away all small valuables. But on Tuesday the real estate agent brought through a group of people and I realized afterwards that one of them stole a small pretty picture frame with a photo in it that I really loved, and also had gone into a drawer and taken two gift cards ($500 total!!!) that a group of my friends gave me for my recent (significant) birthday. I let the real estate agent know and she said "I'm sorry" but didn't offer anything. I checked with my insurance and because I let the people into my apartment voluntarily I am not covered if they steal. What are my rights (NY)? Does the landlord owe me the money for these losses? How do I approach? if any of you are lawyers, please chime in!!

amother

Mauve

Thu, May 12 2016, 1:18 pm

IINALNDIPOOTV, & sorry this doesn't help after the fact.

However, for the future, I would think you definitely have a right to refuse to have groups of people going through your house.

If your landlord is frum, I would imagine you can make some kind of stipulation that you're not letting anyone in unless he takes full responsibility for any loss to you.

However, as I said, this is only what I think according to seichel - life often doesn't work that way.

mummiedearest

Thu, May 12 2016, 1:29 pm

you can report it to the police, who can ask the realtor for a list of all the people who went through your apartment. the realtor will have a list. I don't think you can get your landlord or the realtor to reimburse you.

watergirl

Thu, May 12 2016, 1:50 pm

mummiedearest wrote:

This is a real issue, because the landlord will not be thrilled that you reported prospective renters to the police - even though it would really be doing him a favor so he doesnt end up leasing to thieves.

amother

Ivory

Thu, May 12 2016, 2:07 pm

He is selling, not renting so he won't be renting to thieves, but he does live right next door. The real estate agent is not offering ANYTHING -- not even some token amount. I want to be reimbursed and going forward I want a lot more supervision.

mummiedearest

Thu, May 12 2016, 2:08 pm

watergirl wrote:

too bad on the landlord. these tenants (the op) will be out then anyway, so go for it.

amother

Ivory

Thu, May 12 2016, 2:44 pm

Reporting the thieves won't help me, unless they are caught which seems unlikely. The people can all deny taking anything . What I woud like is to be reimbursed for the gift cards My friends got together and did this nice thing for me. I would also like the landlord to acknowledge that this is a difficult thing I am doing. For some reason since he decided to sell he has been extremely hostile. Before this happened we were all friendly. I have a drawing from his little boy on my fridge!!

mummiedearest

Thu, May 12 2016, 2:46 pm

amother wrote:

if they didn't steal it, it's not their responsibility to give you $500. you knew they were coming, you didn't lock it up. it stinks, but it's not their problem.

amother

Ivory

Thu, May 12 2016, 3:14 pm

I let these people in at the request of the landlord so it should be his responsibility.

And I can not lock up every item in my home that might interest a thief. I put the obviously valuable things away before this process started. The frame is cute but not valuable. (For me it's the photo that is the loss. ) And the gift cards were in a drawer. Where does that end? What if someone opens a drawer and likes one of my sweaters or sees something in a closet that appeals to them?

mummiedearest

Thu, May 12 2016, 3:19 pm

amother wrote:

but the landlord did not steal the gift cards. gift cards are obviously valuable, and you did not lock them up. I'm not blaming you for being upset, but the only thing you can do is report the theft.

amother

Ivory

Thu, May 12 2016, 3:20 pm

What I am saying is that there needs to be some kind of quid pro quo, or at least, something resembling one. If I am required to open my home to a bunch of strangers for the benefit of the landlord, and no benefit to m (but rather a lot of inconvenience) the very least he needs to do is to assure me that he will take responsibility for any material damage to me. He can't make up for the incredible inconvenience of having "guests" every day, but he has to be able to vouch to me that my possessions are safe and he will take care of any damage. This is not someone accidentally knocking over a glass, this is someone opening a drawer on purpose and removing the equivalent of $500!

doctorima

Thu, May 12 2016, 3:29 pm

What does your contract say about the landlord's access to the house? If it doesn't say clearly that you must let him, you can say that you're not letting in future prospective tenants until you're reimbursed, or if it says you must let them in, you can be a stickler for the exact terms spelled out there. You can also insist that nobody can come in unless you're present (or at the very least, that the landlord is present and takes responsibility for them).

But practically speaking, as upsetting as it is, I don't see what legal recourse you have. If your friends bought the gift cards on certain AMEX cards, they may be able to get them refunded and then buy you new ones.

mummiedearest

Thu, May 12 2016, 3:36 pm

amother wrote:

you need to make this agreement in writing before letting people in. you can't just assume he's responsible after the fact.

iluvy

Thu, May 12 2016, 3:42 pm

Let the landlord know you will no longer be letting people in to see the apartment. You are not required to because it is not an emergency. If he wants you to let people in, he will have to meet your requirements (reimburse you, supervise the people, provide guarantee for the future). Otherwise, he can wait to show the apartment until you're gone.

amother

Firebrick

Thu, May 12 2016, 5:42 pm

Just stop picking up the phone for the landlord and realtor and stop allowing people in. Change the locks on your doors if you need to and get out of there as soon as possible.
Hug

I'm so sorry you are going through this.

amother

Ivory

Thu, May 12 2016, 9:41 pm

FineOrthodox, the items were in my apartment right before the people all came on Tuesday. I know this because in the case of the gift cards, I put them in the drawer just before the people came and in the case of the photo, it was of someone whose yahrtzeit it was recently and I showed the picture to a friend on shabbos.

Firebrick, I communicate with the landlord and the agent by email but other than that, I have been thinking of something like what you recommend. Basically if they are going to be unresponsive to me, then I will be unresponsive back. Even assuming that they have no legal requirement to reimburse me, they have an obligation as decent people to tell me how sorry they are and to offer some sort of token. Even before this there has been a real attitude of entitlement on the part of my landlord, as if my allowing people in my house any old time is my obligation and I am not owed thanks or consideration. This just tops it off.

Orchid

Thu, May 12 2016, 10:46 pm

I am appalled the landlord is not even apologetic. I would actually file a police report - even if they can't recover the stolen goods. This will put your landlord on notice that he better shape up. He can't BOTH demand that you show your apartment AND not claim any responsibility when something happens. And then I would change my locks. Hopefully the landlord sees the cops in the front of your house and he'll start taking your concerns seriously.