What to do if my car was stolen from my apartment complex while it was parked in the tenant garage?

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What to do if my car was stolen from my apartment complex while it was parked in the tenant garage?

This garage is guarded by 2 gates but the main gate was malfunctioning and left open the day that my car was stolen. Is this enough to pursue the matter in small claims court in terms of negligence in just leaving the apartment gate open in a very shady neighborhood? The apartment complex also refused to help me until 48 hours after the crime, when I had to get the police to contact them directly to force them to release security video tapes.

Asked on November 19, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you have written about I do not see that you have a legal basis for suing the apartnemt complex for the theft of your vehicle. The mere leaving of an open gate does not mean actual negligence by the apartment complex. I suggest making a claim to your presumed insurance carrier. The real culprits regarding the theft of your vehicle are those that actually took it.


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