We’ve been experiencing car break ins at our property. We don’t have cameras. What is our legal responsibility to a tenant who’s had their car broken into? I have a tenant that wants to break her lease and has been here 4 months. She signed a buyout agreement that requires a 2-month amount in order to break the lease. Of course she doesn’t want to pay it.
No legal responsibility. Tell her the buy out clause is there for exactly this reason. Someone who no longer wants to live there for whatever reason. Whether its neighbors, job change, relationship change, buying a house or in this case she doesn’t want to live there because he car was broken into. Car break ins happen everywhere.
This is what police reports and insurance is for. Think about the renters insurance for their personal belongings. This is also why many do not do cameras because companies feel there is liability.
We had a couple that had two vehicles. One left their vehicle unlocked with the other key inside. The thief stole both vehicles. To this day this was suspicious. We did not give no exceptions. They actually had bought a house.
Don't feel bad for not giving exceptions. Theft happens anywhere.
Yet another example of this society’s entitlement mind set. No one can guarantee safety or a crime free environment. Apartment properties are not responsible for the crime. This resident needs to exercise the buy out and you should say good bye!
As long as you don’t have a locked property with gates and access codes that are broken or malfunctioning, there’s no responsibility for the property to the resident.
No legal responsibility gates or no gates. People can scale gates, so even if they were functioning or not car theft can and will still happen. This is why they have insurance. Same with what happens in the unit, leaks, fires, ect is what renters insurance is for. Same goes for cars. We never ensure that some one’s safety of their person or personal things will happen. If we did we would be sued daily. If she wants out of her lease there is a buyout clause or reletting fee. Cars get stolen, and it sucks. I mean if their car got stolen in front of a house they rented they would be calling their insurance.
1 year 1 month ago#641943by Casey N Aaron Enriquez
W crime on the rise everywhere I tell everyone crime has no address I would want to minimize the damage to the community’s reputation. Someone talking negatively community and the distance one bad review can go is not worth a $2,000-3,500.
Spilt the cost and minimize positive negative feedback and have a nda signed
Cyndi Daniell Then you would need to make the same agreement with any/all lease breaks, otherwise you may run into fair housing issues. You have to treat all tenants the same.
Crime happens anywhere and any time. The property is not responsible. This is a time to empathize with her but let her know that if she intends to break the lease, she will need to pay the fee and I would let her know the consequences for not doing so. “Exceptions” become a fair housing issue just like waiving late fees. The lease has to be followed by both parties and everyone must be treated equally.
Do look at the lease. There is usually something in it that states parking is at their risk. Ask if the vehicle was locked. Be sure they file a police report and contact their insurance. Buy out is in place and she should use it.
So on this one, I have to say I disagree with the majority. Based on the above situation. When the resident moved in, there was no mention of problems on the property. Nowhere in that statement did they say the property was supposed to be providing security. However, they said they feel unsafe.
The safety concern is based upon recent break-ins. That had not happened or been disclosed prior to renting. While a property is not required to provide security, if safety is at question, and the property is not doing anything to improve the vandalism/break-ins by providing on site attendees to walk the garage, increase lighting, etc. then I believe it to be a reasonable request. Especially in the situation of a single person. Walking to the garage and being scared somebody may be in there is not in the best interest of the resident. This was discussed at length at the properties I worked at in Illinois with our attorney. And that’s how they described the difference. Ultimately, well property management never provide security, there are timeswhen we also need to think about the resident
Car break ins happen everywhere. Thieves don’t discriminate. You leave a car unlocked they will get in and steal whatever they can. Even if it is locked. It is the car owners responsibility.