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Hobo broke into Dorm room, Suitmates stuff got stolen, the suitmate wants money from my boyfriend (roomates) for unlocked window

Irvine, CA |
Filed under: Evidence

Im a college student living in dorms. Over the Thanksgiving break my boyfriends dorm got broken into by a hobo-yeah. Anyways he coulnt remember if he had left the window unlocked so he told the police he locked it. Turns out his window was unlocked. The Hobo went into his suitmates room damaged some things like a guitar, some watches, stole pants etc. (most were gifts) also he took his car and it came back damaged. Now his suitmate is telling him (my bf) that he is liable for the damages and stolen property. He told him to pay $500 dollars or he will bring it to small claims for 3x as more. He has no reciepts just links to products he owned. Can he actually win a case? should my boyfriend just say no? Hes just afraid of being sued. But is he liable? isnt the hobo?

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Attorney answers 1


If the roommate can prove your boyfriend was negligent by leaving the window open, then yes, he can be held responsible for the damages suffered. The hobo would also be liable, but getting any money from him is most likely impossible. The key is the roommate would have to prove the window was left unlocked. If it was, then your boyfriend may just want to pay the $500 if the damages were more. Or he can negotiate the amount. If he does pay, make sure he has the other party sign a release stating that the payment is infull settlement of all claims, to ensure the do not continue to come back for more money later. Good luck.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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