Is my landlord liable for losses due to a break-in of our apartment if he failed to have our windows safely secured?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is my landlord liable for losses due to a break-in of our apartment if he failed to have our windows safely secured?
A few weeks ago I had moved into an apartment and I was unaware and was not informed by the landlord that a window in the apartment was not properly secured. Because of this, my apartment was broken into while I was not home. The police came and stated that the window was not secured properly and that the conditions of it and the location of it put myself and my boyfriend in harm. He also stated that additional measures on the landlord’s part must be taken in order to prevent this from happening again. Is he liable for anything? He was negligent.
Asked on June 24, 2011 under Real Estate Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
IF the landlord was negligent, then he may be liable. However, the fact that the police feel the window was not properly secured, while certainly in your favor, does not answer the question definitively as to the landlord's negligence. Negligence is, essentially, a failure to take the care that the hypothetical "reasonable person" in like situations would take. If your landlord took the same security measures that the average reasonable landlord in this area would take, he'd probably not be liable, even if there was more that he could have done. If he did less than the average landlord would or should, then he may be liable. So there may be liability here, but the police's opinion is not the end of the inquiry.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.