Tennant and Landlord issue and question
Tariq Azad
I have a quick legal question for this news group- I was wondering if
someone would be kind enough to respond me here- I don't know if this is a
right forum - If not, then please redirect me to the right forum or a web
site-
Scenario:
If a commnercial tennant and lanlord shares the same office space - Lanlord
shares the major porition of the office, and has keys of all rooms - Tennat
has key of only one room - If tennant goes for vacation, and if someone
breaks in and took all tennant's computer equipment except the landlord's
equipments and items - Who would be responisble for security? - Generally, I
understand that tennat is responsible for his own security and insurance,
but tennant had no insurance -- Is there any law / legal reference in Canada
and USA, which can help me as a tennant - I personally think that landlord
was responisble for the security. Keep in mind that the tennant was out of
the country when the theft / break-in occurs. Moreover there is no written
agreement between tennat and the landlord.
I am just looking for a reference, which can help me in this scenario and
tells me that Lanlord was responsible for the security.
Thanks,
TA
tommay2004 at yahoo.com
edi...@ssolgnap.net
>If a commnercial tennant and lanlord shares the same office space - Lanlord
>shares the major porition of the office, and has keys of all rooms - Tennat
>has key of only one room - If tennant goes for vacation, and if someone
>breaks in and took all tennant's computer equipment except the landlord's
>equipments and items ... . Is there any law / legal reference in Canada
>and USA, which can help me as a tennant ... that landlord was responisble ...?
> Moreover there is no written agreement between tennat and the landlord.
You do not say that or, if you would so claim, how the landlord was
careless as compared with himself having implemented reasonable
precautions to keep out unauthorized third paers and so his being a
victim, too, at least in the sense that his premises were broken into
(if there actually was a break in).
As two only in part law relevant matter but, perhaps, practically
significant matters, youdo not say (i) whether the tenant has
confirmed whether landlord was or was not insured against loss under
an insurance policy a fair interpretation of which might (even if it
might not) directly or in effect include the tenant an insured or (ii)
your suing the landlord even if you are not 100% sure of an air-tight
basis to do so might constrain a settlement with the landlord or, if
there is one, with its insurer.
>Keep in mind that the tennant was out of the country when the theft /
>break-in occurs.
How does he know there was a break-in at all? If there was a break-in
by a not landlord related third person, why were only the tenant's
things taken?
Keeping in mind that the tenant was out of the country when his
computer and other things were taken, had the tenant taken prudent
precautions before he left in light of the then contemplated at least
one month duration of his absence to guard against a theft while he
was gone - change the lock or add a second padlock to his office so
that effectively only he had a key? leave his office door unlocked? -
and, if not, why and how was he not contributorily negligent (and,
maybe, in effect affirmatively inviting a theft)?