How canI be reimbursed by my landlord because of a break-in due to her negligence?

UPDATED: Jan 3, 2011

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How canI be reimbursed by my landlord because of a break-in due to her negligence?

The master bedroom window was broken when I moved in. 1 week later the landlord took it down got it repaired and installed it her self. She told me that her handyman would put in security locks. 1 month after we moved in we were robbed. I had informed her several times that the window needed to be installed correctly. Her response was that he was he’s busy. I’m out more than 25K in property loses. What can I do?

Asked on January 3, 2011 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You *may* be able to sue your landlord for your losses. The issue will be whether she was in fact, negligent, or unreasonably careless, in how the window was installed. That is a question of fact--was the window installed, how it was installed, and any security--less than a reasonable person or landlord would put on a window like that, in the neighborhood you live in, given the nature of access to that window (e.g. what's reasonable for a 3rd floor window, no fire escape is different than  what's reasonable for a ground floor window reached from the street) and given also any previous history of break ins. Speak with an attorney with landlord-tenant experience; he or she can listen to the factual situation and advise you  as to the strength and value of your case, and cost to pursue it. Also, for the future, consider getting renter's insurance if you don't have already.

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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