Legal Question in Real Estate Law in California

I got robbed

My car was broken into in my parking stall at my apartment complex. In the weeks and months surrounding the incident there have been several such incidents at the apartment complex. Although each time the land lord was informed there was no action taken to make the property safer. Just one week after my car was broken into another car was also broken into. Isn't it my land lords responsibility to make my living spaces a safe place to live? Also is there anything i can do to recover my losses?


Asked on 12/28/01, 11:21 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: I got robbed

There are some cases holding landlords liable for personal injury resulting from assaults which could have been prevented by correcting situations that the landlord knew about such as inadequate lighting in common areas, withdrawal of a guard service that was provided at the time the tenant moved in (i.e. landlord reduced level of safety), unrepaired locks and fences, etc.

It would be hard to prove an affirmative duty to increase existing security to prevent break-ins of parked cars. It is possible you could win such a suit, but it would be a gamble.

This kind of 'duty' is not one based upon a statute, but upon a common-law duty to avoid injury by behaving in a non-negligent way. The difficulty is in establishing that the landlord had a 'duty' to provide the type of security that would have prevented the break-ins.

This is a question more of tort law (negligence) than real estate law. Thus it is somewhat outside my field, and you might want to have an 'initial free consultation' with a negligence attorney, but my hunch is your case is weak.

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Answered on 12/28/01, 12:58 pm


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