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Within the past few months my apartment has been broken into twice. What rights do I have?

Boston, MA |

The robbery occurred by entering through the basement door, which doesn't lock automatically and is used by all the tenants in the building. The basement leads to the hallways outside my apartment and it is through that door that they burglar entered. I want repairs made for the apartment to be secure or out of my lease.What am I able to ask for to make the apartment secure?

Attorney Answers 3

Posted

If your landlord knows or reasonably should know of the unsafe conditions of your apartment complex in that it is foreseeable that 3rd parties can harm the tenants or their property, your landlord may be liable for the damages caused by such 3rd parties. It would be in your landlord's best interest to either secure that door or come up with some other safety measure for the tenants. You may want to consult a landlord tenant attorney for further information or assistance and in the meantime speak with your landlord or the management company because these types of incidents can create a large liability. If anything was stolen you should contact the police and your renter's insurance company to file a claim. Best of luck.

Please be sure to mark if you find the answer "helpful" or a "best" answer. (It lets us know how we are doing.) Attorney Kremer is licensed to practice in Massachusetts. Please visit her Avvo profile for contact information. In accordance with Avvo guidelines, the following disclaimer applies to all responses given in this forum: The above is NOT legal advice, and is NOT intended to be legal advice. No Attorney-Client relationship is created through the above answer.

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I agree with Attorney Kremer's analysis. If you can show that your landlord's lack of security devices to protect you and your property was unreasonable you have a strong chance of prevailing. I would consult an attorney as soon as possible regarding your claim.

The foregoing answer does not establish an attorney client relationship, is not confidential, and should not be relied upon in place of an actual consultation with an attorney. Attorney Samiotes is licensed to practice in Massachusetts, the Federal District Court of Massachusetts, and the Court of International Trade. Most initial consultations are free. Further information is available on my profile and at http://www.bjgalaw.com/.

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3 lawyers agree

Posted

I agree with my colleagues. Notify your LL in writing immediately of the problems and the lack of security. Advise them that if the repairs are not made, you will seek to terminate your lease. You may want to contact an attorney to assist you.

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