CanI sue for damages if my apartment was robbed due to my landlord’s negligence?

UPDATED: Feb 14, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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 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.

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