Legal Question in Landlord & Tenant Law in Minnesota
injuries sustained due to lack of security
a family member of mine was a victim of a home invasion and assault at her apartment complex. The location has had a history of burglaries and vandalism. The assailant broke into her home and pistol-whipped her in the head and the gun went off, shooting a bullet into the wall of her bedroom where 2 children were sleeping. At the complex, there is absolutely no security personnel, no security doors for tenants use only, and the main enterance door to the complex is of poor quality and the door frame is rotten out for the most part. I was wondering if, due to this lack of security, the landlord could be held liable for damages since they have done nothing to improve the safety of their tenants prior, or since, this incident. They even made the victim pay for damages sustained from the bullet hole and door break. Is that even legal? She was legally bound to stay there due to the signing of the lease. So why is she made to stay somewhere that is so unsafe? thank you
1 Answer from Attorneys
Re: injuries sustained due to lack of security
Leases are contracts, and there is a limit on the extent that the government can mess with the right to contract. I could answer your questions better if I had a copy of the lease.
There is probably a clause in the lease saying that your family member is obligated to return the premises at the end of the lease in the same condition it was to begin with, except for ordinary wear and tear.
There is an 1877 Minnesota case which is still good law which says that when the damage is caused by a third party or by an act of God which was beyond the control of either the landlord or the tenant, it is not the tenant's responsibility under the wear and tear clause.
So I would expect that your family member is not liable for the repair of the damage you describe; but it would probably be easier to pay for the repair than to fight the landlord over it.
Good luck.
This repsonse is for general information purposes only and does not create an attorney-client relationship.
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