AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question QUESTION: A few prior break-ins have occurred in the apartment complex I live in. The landlord did not notify any of the other tenants about this. My apartment was burglarized next. Because of the lack of security, and failure to inform the tenants to be precautious, would this be negligence? I'm looking to move, and would want my security deposit back given the circumstances. I already gave the landlord my 30 days notice and he said I couldn't get my deposit back. Any help would be greatly appreciated. Thank You
PS: I'm not sure if this adds to the negligence but the detectives are currently investigating one tenants and his friends that help do "work" on the building. They think they did it. The only worker that is authorized by the landlord to do work is the one tenant, not his friends. However, that worker is the US illegally. If the detective finds out that they didn't do, please let me know if I can follow through with the examples of neglect mentioned in the prior paragraph.
ANSWER: It is not negligence on a landlord's part unless he broke a standard of care owed. I cannot tell from your fact pattern if the landlord owed a duty, and absent that information, I would say no.
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QUESTION: The windows pop-out easily and I have no deadbolt lock on my front door. I would say that's a standard of care, right?
Answer Probably not. If the front door failed to lock, or the windows could not lock AND the landlord had actual knowledge of break ins and that the units could not be secured would, in certain cases, just you a cause of action. Now I am not suggesting that you could recover, as the facts govern (in combination with the jurisdiction). Never the less, it is difficult to hold a landlord liable for theft. If you need assistance check with a local landlord tenant association, or if you qualify, a local legal clinic.
