Who is responsible for damage to apartment property?
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Who is responsible for damage to apartment property?
My apartment door was kicked in by someone I didn’t know. The police took my unit door and the front door to building as evidence. My landlord was told he would get the doors back. Now he is trying to charge me for replacement doors and damages. The downstairs neighbor had her door kicked in by someone she knew and the landlord repaired damage and replaced door free of charge. I don’t believe I am liable, do you?
Asked on September 6, 2011 under Real Estate Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, you would not be responsible if the person who did the damages was not a guest, invitee, family member, etc. of yours; you are not responsible for the actions of unrelated third parties, who are not under your control. The issue may be that the landlord does not believe that you did not know this person or had nothing to do with him--i.e. it may be a factual issue. If the landlord believes you are responsible for the damage and you believe you are not, you may end up in litigation; therefore, one thing to consider is the potential cost of litigating against your landlord, and whether--even if you would turn out to be in the right--it is worthwhile risking ending up in court to save on the cost of the door.
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