Is a landlord liable for theft losses due to a lack of security?

I live in an apartment complex that is supposed to be a gated community but the complex has never had a working gate. This allows anyone to enter; due to this people’s apartments are getting broken into. Can you sue the complex for not keeping the complex secured and your place was one of the places that was broken into? Or can you break your lease without them trying to charge you for breaking it?

Asked on June 26, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF your landlord actually knew that there were security issues with respect to the apartment complex that he or she owns and did nothing to secure the complex to make it safe, then the landlord very well could be held liable for negligence if a unit was broken into and property taken and belongings damaged.

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