Legal Question in Landlord & Tenant Law in California

Landlord's liability for theft

My brother was recently robbed at his residence. Over $6,000 worth of belongings were stolen. He lives in a multi-unit dwelling (~120 persons) at which the building management hires a security firm to ''guard'' the premises. The perpetrators pried his door open with a crowbar type tool. His door was equipped solely with an electronic locking device. I do not know if the device included a deadbolt, but I do know that it was the sole locking device on the door. At the time his apartment was broken into, a security gate for the parking lot was in disrepair (it was stuck open) and had been for at least 5 days. His building and several others managed by the management company in the immediate area have been burglarized before, one was broken into the day before his was. I (we) were wondering if there was any possible liability on the part of the management, the landlord or the security firm hired ''protect'' the building. I realize that more information may be necessary, but I was hoping for a basic idea of any chance he might have for a civil action. Thank you in advance for your help.


Asked on 5/17/04, 10:07 am

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Landlord's liability for theft

It's possible that one of those parties is liable. However, you'd have to show that their conduct fell below the standard of care AND that requisite care would have prevented the loss. That second half is the kicker. You see, if the gate was working and the guards were wide-awake and patrolling properly, he may have suffered the burglary anyway, right? That's what makes your case tough. Renter's insurance is the way to go. Fly back in time and get some.

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Answered on 5/17/04, 5:05 pm


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