Is a landlord responsible for damage from a break-in?

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Is a landlord responsible for damage from a break-in?

Asked on February 13, 2012 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

A landlord would only be responsible for damage due to a break-in if--

1) It was an employee or agent of the landlord who broke in.

2) It was another tenant, whom the landlord had notice breaks into other apartments (e.g. has done it before), and despite that notice, the landlord did not take any appropriate action (e.g. evict).

3) The landlord did not provide whatever security is normal and reasonable for buildings of that type in that area--for example, the front door to a multi-family unit did not lock; your individual unit had a broken lock, which the landlord did not fix; etc.

In short, the landlord must have done something wrong to be liable. It is not liable just because the break-in occured on its premises.


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