I have written proof from my landlord that he did not change my locks prior to moving in and my home was robbed a month into my lease. The police report states that there was nonforcible entry by means of key and my neighbor stated that the previous tenant had also been robbed the month before I moved in. I also never received a key to my backdoor which is the door the burgular came through. I believe that someone has copies of my keys and I have since then changed my locks and notified my landlord. They have not commented on the issue. Seeing as how they admitted that my locks had not been replaced, can I sue them for the cost of my belongings that were stolen? Do I have any type of case here. Please help!
Answer
This is a tricky situation.
First, there is no duty for the landlord to change the locks before a new tenant moves in unless he has knowledge that this is necessary to protect the tenant and his belongings. It is possible that you can show he had this duty, but it will be difficult.
Second, landlords are not liable for the loss of their tenant's personal belongings unless they caused the loss or it can be shown that they knew the loss would be reasonably foreseeable.
Evidence you need:
Proof that there have been previous break ins under the same circumstances.
Get police reports of the previous break ins
Speak to neighbors or the former tenant if you can find them
Now, your problem: contributory negligence. In NC if it is found that you are also negligent, you can't collect against a person who harmed you. Even if your landlord if found to be negligent, if the Court finds you negligent, you can't collect. Your negligence could be that you did not get a key to the back door and did not take steps to secure or otherwise change the locks before.
You need to speak to a landlord tenant attorney in your area.
It may be that you need to file a claim against your renter's insurance. If you don't have any...start shopping for a policy.
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