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legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 9905
Experience:  Just Answer consultant at Self employed
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I am seeking advice to see if I can hold my security

Customer Question

I am seeking advice to see if I can hold my security apartment management company liable to replace my personal belongings for a burglary that occurred in my residence due to squatters living in a vacant apartment above me. I pay a large sum of rent monthly for security. I live on the 3rd floor of my bldg. and they were in the unit right (4th floor) and they climbed down on a rope from the 4th floor enclosed patio window at around 4 pm in the afternoon into my enclosed patio window. I have heard walking around up there for over 2 weeks and just thought they had rented the apartment. I have no idea how many times they may have come into my unit. Since I am on the 3rd floor I felt since we are so high up it was safe to leave that window open. Evidently they are not monitoring there empty units for resident safety.
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  legalgems replied 10 months ago.

Good Day!A few minutes please as I review your question so I can provide you with legal information. Thanks!

Expert:  legalgems replied 10 months ago.

Thank you for your patience;

a landlord is responsible for any activities that the LL knew or should have known (via the exercise of due diligence) about. So a LL can be held liable for squatters' illegal actions (versus illegal activity in general i.e. "bad neighborhood")

So basically in every lease is an implied warranty of quiet use and enjoyment-this allows the tenant to use and enjoy their home without undue disturbance from third parties. If the LL fails to maintain the premises in a safe manner, then the LL can be held liable for any damages resulting from this. Of course, such damages need to be proximately caused and reasonably foreseeable, and I believe most judges would find that burglary rates increase with the presence of squatters.

If the items had been identified and tied to the squatters then that would suffice to prove proximate cause.

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Expert:  legalgems replied 10 months ago.

Hi- just checking in to see if you needed clarification on any of the above information. If so please post here (there is no additional charge for this) and I will do my best to get you the requested information.

Thank you!