What to do if my roommate is threatening to take myself and 2 other roommates to small claims court for negligence resulting in the theft of his property?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my roommate is threatening to take myself and 2 other roommates to small claims court for negligence resulting in the theft of his property?
We all were moving out of our house together and he left some items in a main area we needed to clean. We placed a number of items outside, including his property, while we cleaned the floors and did the inspection with our landlord. Two of his instruments were stolen before the items were placed back inside. He claims the instruments were worth $1500 and upon a google search that was their value at the time of purchase. He says we are responsible for their theft because we knew their value and were negligent in preventing their theft by placing them outside. Are we at fault? What risk do we face?
Asked on August 16, 2015 under Business Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 8 years ago | Contributor
The person who stole the items is the person most responsible but you could also be found to be liable. The question would become: What was your duty of care to your roommate, who entrusted you with his items? It could be argued you had a duty to act with reasonable care with respect to his possessions he entrusted to you. It is pretty careless to leave items outside the house, where anyone could just take them. It would be better to settle with your roommate. If you do, make sure to get a release from liability -- a settlement agreement -- in writing.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.