Tenant Claims Malfunctioning Lock Led to Burglary

December 1, 2005

LVT Number: 18496

Former tenants sued landlord for damages after two burglaries in their apartment during 2004. They claimed that the building front door lock was continually broken and that the door could be easily pushed in. After the first burglary, landlord tried to repair the lock, but it remained broken. The court ruled for tenants, after a trial. Landlord wasn't responsible for the first burglary. But landlord then had notice of a security issue and didn't repair the lock. Other tenants also had complained of three prior burglaries and three attempted burglaries in the building.

Former tenants sued landlord for damages after two burglaries in their apartment during 2004. They claimed that the building front door lock was continually broken and that the door could be easily pushed in. After the first burglary, landlord tried to repair the lock, but it remained broken. The court ruled for tenants, after a trial. Landlord wasn't responsible for the first burglary. But landlord then had notice of a security issue and didn't repair the lock. Other tenants also had complained of three prior burglaries and three attempted burglaries in the building. Tenants lost equipment, a camera, telephone, and jewelry. The court ordered landlord to refund tenants' $2,400 security deposit as damages.

Phillips v. Czajka: NYLJ, 11/25/05, p. 19, col. 1 (Civ. Ct. Kings; Battaglia, J)

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