Jefferson City, MO asked in Personal Injury and Landlord - Tenant for Kansas

Q: For almost a year, my apartment complex has not fixed the gate at our complex. Are they liable for my stolen car?

When I applied for a lease at my "gated" community apartment complex, they had a working gate where a fob or a number code was needed to get in. When I moved in, the gate was removed for repairs and has not been replaced in about a year. Recently, my car was stolen. The apartment has cameras pointed at my car, but none of the cameras work and they have yet to repair them. Additionally, another tenant here had his Kia stolen via a method on tik-tock using a screwdriver and a usb cord. I also have a Kia that is vulnerable to this method. That happened a week ago and I was not informed about his Kia being stolen and the vulnerabilities my car had even though the management knew when and how his car was stolen. The management knows the make and model of my car. Can the apartment complex be held liable for any of this?

2 Lawyer Answers
T. Augustus Claus
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A: Property owners have a duty to maintain a reasonably safe and secure environment for their tenants. If it can be demonstrated that the apartment complex failed to fulfill this duty by not repairing the gate, not fixing the cameras, and not notifying tenants of known vulnerabilities, they may potentially be held liable for the stolen car.

Tim Akpinar
Tim Akpinar
  • Little Neck, NY

A: Those are issues that the theft victim would raise - but the property owner could have disclaimers in place that it would also raise. Good luck

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