What can I do if I believe the maintenance guy used an office key to break into my apartment?
Full Question:
A little over a month ago, I had my locks to my apartment changed. I took a key, my roommate took a key, and I gave two keys to the maintenance guy to take to the office. Later my apartment was burglarized and my $1500 TV was missing. Immediately on finding this out I went to the manager's office and asked to see the copies of my apartment keys. The manager only had one copy of the key. I'm not sure if this is enough evidence to sue in small claims court and if that is enough information to win. I left the apartment b/c I didnt feel my things were safe there. If they did it once, they could do it again. The apartment company is charging me $1900 for terminating my lease. They said its for damages, but someone was renting the apartment 7 days after I moved. Are they able to collect $1900 from me? The company says the termination fee is equal to no more than 3 times my rent, but then their getting rent from someone else (the new tenant). Can I fight this and win in court?
10/18/2007 |
Category: Landlord Tenant |
State: Arkansas |
#10524
Answer:
The applicable Arkansas statutes are as follows:
18-16-110. Landlord's liability arising from alleged
defects or disrepair of premises.
No landlord or agent or employee of a landlord shall be
liable to a tenant or a tenant's licensee or invitee for
death, personal injury, or property damage proximately caused
by any defect or disrepair on the premises absent the
landlord's:
(1) Agreement supported by consideration or assumption by
conduct of a duty to undertake an obligation to maintain or
repair the leased premises; and
(2) Failure to perform the agreement or assumed duty in a
reasonable manner.
18-16-304. Maximum amount.
A landlord may not demand or receive a security deposit, however
denominated, in an amount or value in excess of two (2) months periodic
rent.
18-16-305. Refund required — Exceptions.
(a)(1) Within thirty (30) days of termination of the tenancy, property or
money held by the landlord as security shall be returned to the tenant.
(2) However, the money may be applied to the payment of accrued unpaid
rent and any damages which the landlord has suffered by reason of the
tenant's noncompliance with the rental agreement, all as itemized by the
landlord in a written notice delivered to the tenant, together with the
remainder of the amount due thirty (30) days after termination of the
tenancy and delivery of possession by the tenant.
(b)(1) The landlord shall be deemed to have complied with subsection
(a) of this section by mailing via first class mail the written notice
and any payment required to the last known address of the tenant.
(2) If the letter containing the payment is returned to the landlord
and if the landlord is unable to locate the tenant after reasonable
effort, then the payment shall become the property of the landlord one
hundred eighty (180) days from the date the payment was mailed.
18-16-306. Remedies.
(a)(1) If the landlord fails to comply with this subchapter, the tenant
may recover:
(A) The property and money due him or her;
(B) Damages in an amount equal to two (2) times the amount wrongfully
withheld;
(C) Costs; and
(D) Reasonable attorney's fees.
(2) However, the landlord shall be liable only for costs and the sum
erroneously withheld if the landlord shows by the preponderance of the
evidence that his or her noncompliance:
(A) Resulted from an error which occurred despite the existence of
procedures reasonably designed to avoid such errors; or
(B) Was based on a good faith dispute as to the amount due.
(b) This section does not preclude the landlord or tenant from any other
relief to which either may be lawfully entitled.