Legal Question in Landlord & Tenant Law in Massachusetts

Tenants rights

47 cars were vandalized and had their tires slashed at the apartment building's parkinglot. Can we have the landlord reimburse for any damages? Most people had to pay under $500 for replacing tires, wich is not covered as does not exceed deductible.


Asked on 11/08/08, 6:34 pm

2 Answers from Attorneys

Gregory Lee Gregory P. Lee, Attorney at Law

Re: Tenants rights

How is the landlord responsible for this? Our legal system does not make a landlord a guarantor against criminal actions on the landlord's property by third parties, with rare exceptions. This is not like the cases of rape or violence in hotels or campus buildings with inadequate security, it's a parking lot in a multi-unit complex. Unless you can show that the landlord was somehow behind this action, or had a duty of care due to very unusual circumstances (circumstances I can't imagine), I see no basis for liability.

If you want to live in a gated community, the rent is much higher. Until you pay that high rent, you live at risk of criminals such as these.

Read more
Answered on 11/09/08, 4:25 pm

Re: Tenants rights

Idoubt there is any basis to hold the landlord responsible. If it is supposed to be a secure lot or a secure garage, then there might be a basis for seeking some contribution. You basically need to show the landlord was derelict in his handling of the parking lot for tenants based on the leases you all signed. If the Landlord has done nothing wrong, then there is no basis to make the landlord responsible.

You might see if your apartment insurance will cover the damages as well as your car insurance.

You as a group might ask the Landlord to do something about protecting the lot or cover you in future should this occur in the future.

Read more
Answered on 11/08/08, 6:52 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Massachusetts