Is my landlord liable if my car was broken into on his property and this same incident occurred 3 days prior but he failed to notify residents?

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Is my landlord liable if my car was broken into on his property and this same incident occurred 3 days prior but he failed to notify residents?

Property damaged assessed by appraiser was $1,100. There is video surveillance of the same theif breaking into a car 3 days prior to the break in to my car of which there is also video surveillance. Both incidents occurred in the parking area in front of the leasing office. I would not have parked there had I known about the previous incident. Residents were told to park in this area if there is no parking inside the gates. There is usually no parking inside the gates because people without parking permits park inside even though we have asked management to check for parking permits.

Asked on August 8, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The landlord is most likely not liable. Landlords are not insurers; they do not pay for all losses or damage on their property, and in particular, are generally not responsible for the criminal acts of third parties not under their control. There is no general obligation to provide gated parking and no obligation to send out announcements of crimes, so the landlord's failure to do these things would not seem to impose liability.


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