Legal Question in Landlord & Tenant Law in Kansas

My son has had two vehicles stolen from the same apartment complex, one in 2014 and one very recently, the latter vehicle belonging to me.

I found out the gates at the entrances are not used or do not work, there is only one working security camera--pointed at some mailboxes (I have been given conflicting information on working order/location of cameras), and the courtesy officer who works the night shift (when my car was stolen) does so simultaneously while working his shift (how well is the parking lot monitored during the evening/early morning hours-?).The manager told me that no one else in the apartment complex has had their vehicle stolen. My son also informed me that the courtesy officer stated that the staff wouldn't know about thefts from their parking lot (not sure how truthful this is). I got in touch with the public information officer, who informed me that there had been 4 thefts in 2014 and 8 thefts so far this year at the apartment complex.What I want to know is if I have grounds to sue them (small claims) for premises liability. Security is questionable, the staff are clueless, and there was definite foreseeable crime; and as far as I know, there had been no efforts to warn tenants about increased theft or to step up security in the parking lot due to these thefts).


Asked on 11/13/15, 3:53 pm

1 Answer from Attorneys
Anthony Smith LawSmith

There are very few things that cannot be the subject of a law suit. However, it can be tough to prove that an apartment complex iwes a duty to provide exterior security. Unless there are promises to secure property or limit the people entering the parking lot, it sounds like you won't be able to show that the complex had a duty to protect your car.. But, you weren't able to provide all the facts. Obviously, you can sue your Son. Consult directly with a civil practice attorney, in your area, to see if you have a viable claim against anyone other than the thief.

Good luck

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Answered on 11/21/15, 7:43 pm


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