If my money was stolen by the landlord’s hired plumber, is my landlord liable?

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If my money was stolen by the landlord’s hired plumber, is my landlord liable?

I had a total of $500 cash stolen from my apartment from my farmers’ market business. I do not run the business from the home, but had it stored their temporarily after a market before it could be divided and deposited. The cash was not in plain view but in a sock drawer. Nothing else was taken, or was all the cash taken. The money was taken while a landlord hired plumber and the supers assistant were doing repairs to our pipes. We need to leave apartment momentarily while they were working, and the money must have been stolen then because it was counted 1 hours before.

Asked on August 7, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, the landlord is not responsible. An employer is not responsible for the criminal actions of his/her employees when such actions are not part of their jobs or duties. So just as you would not be responsible if an employee at your farmer's market stole a purse from a customer, so, too, your landlord is not responsible in this case. If you believe you can prove that the plumber stole you money, you can certainly press charges against him and/or sue him for its return.


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