Legal Question in Real Estate Law in Louisiana

Failure inform tenant of security system

I signed a 1-year lease. This past weekend my apartment was broken into. I called the manager to inform her of the robbery. I told her my roommate and I did not want to stay there because we are scared, due to the fact that the police said there was no forced entry and it could have been a worker with a key or someone that used to live there. They took anything they could and went through everything (even our underwear). She told me that I could have had a security system installed when I moved in (free of charge for installation and no monthly charges-they would pay for it all) but this little fact was somehow overlooked. The breakin could have been prevented. What are my rights? Could I get out of the lease because of this?


Asked on 10/05/01, 4:03 pm

1 Answer from Attorneys

Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: Failure inform tenant of security system

The written terms of the lease usually define when one party may prematurely terminate it. So, read the entire lease very carefully and see if there is a way to get out of it under its terms.

Also, make sure that the lease does not mention the free security system. If there is no language which allows termination of the lease, and the security system is not mentioned, get a copy of the police report where it indicates no forced entry.

Of course they will say you probably left the door unlocked, or that one of your friends has a key and used it or lost it, or you lost a key. Was it locked when you came home to discover the burglary?

However, if you are positive you locked it, and no friend has a key, or you did not lose one, then I would go back to the manager, show them the report, and insist that someone working for the complex did the burglary, and you are suing for what was taken, and demand that the lease be terminated without penalty to you.

If the complex did not change the locks when you moved in, then someone who lived there before could have done it, and the complex is responsible for failing to change the locks.

If the manager is no help, find out who owns the complex and go directly to them with your complaints.

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Answered on 11/21/01, 4:46 pm


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