Legal Question in Real Estate Law in Maryland

Re: Breaking a lease

Unless your friend can demonstrate that the landlord or management company failed to properly maintain the security system (for example, a perimeter door lock was broken and not timely repaired), it will be very difficult to hold them responsible for the thefts. The landlord, under traditional property law, is not a guarantor of the safety of the occupants of the property.

Perhaps they would be willing to move your friend to another apartment if one becomes available out of sympathy, but this would entail some expense on their part so they will probably balk at this as well.

Re: Breaking a lease

A landlord is not responsible for acts that are outside of its control.

This being said, if it can be shown that the repeated breaking and entering is occassioned

by some deficiency on the landlord's part (e.g., locks not fixed, door jams not solid, lack of reasonable security precautions, etc.) then

the landlord MAY be charged with constructive eviction but this is a tough one. The landlord would not be responsible for any loss unless

it was grossly negligent with ensuring that the dwelling was not an open invitation to such threats. Now that the threats are known, your friend might think

about sending a properly drafted letter informing the landlord of its options. Such a letter may be beneficial with your friend getting an open unit somewhere else

with the same landlord or may lead to the landlord being willing to negotiate an early termination of the lease. At a minimum, your friend should be making reports to the police.

Lastly, renter's insurance can be obtained to provide coverage for such losses.

G. Joseph Holthaus III

(410) 799-9002