CanI sue for damages if my apartment was robbed due to my landlord’s negligence?
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CanI sue for damages if my apartment was robbed due to my landlord’s negligence?
My apartment was broken into. I told my landlord that the door was loose when I first moved in. Before I moved in the door had been kicked in and they just nailed some of the pieces together instead of getting a new door. They were supposed to fix my door but never did. The robbers kicked in my door to get into my apartment. Also, I have been having other issues with this complex. Can I sue them for damages?
Asked on February 14, 2011 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You may be able to sue your landlord for the loss of your goods (i.e. the stuff that was stolen). All leases come with an "implied warranty of habitability," which requires that the premises be safely inhahitable. Part of that, in a residence, is a reasonable secure door. If the landlord knew of a problem with the door, which the landlord evidently did, and did not take reasonable action or steps to secure it, it may be the the landlord violated the implied warranty of habitability. The landlord may also be liable under a negligence theory: having taken on the duty to provide housing, the landlord must do it in a reasonable, and reasonably careful, manner.
As to other issues you've had, you do not define them in your question; please submit a new question is there are other things you are curious about.
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