When you rent an apartment in New York City, you have the right to feel safe and secure in your home. But what happens when your landlord fails to maintain that safety — and you suffer a loss as a result?
If your building’s front door was broken, left unlocked, or otherwise insecure, and your landlord was notified but failed to take action, and your apartment was then burglarized — you may have legal options.
Landlords Have a Duty to Maintain Building Security
Under New York law, landlords are legally responsible for maintaining “warranty of habitability” — a legal requirement under Real Property Law § 235-b that obligates landlords to ensure that your apartment is safe, livable, and free from dangerous conditions. That includes maintaining proper building security.
Failure to secure a front entrance, especially after receiving notice from a tenant, could amount to a breach of that duty.
Notice to the Landlord Matters
If you previously told your landlord (in writing is best) that the front entrance was not locking properly — and they ignored it — this strengthens your potential case against your landlord and provides for a better chance at getting a rent waiver.
Courts may find a landlord liable if:
- They had actual or constructive notice of a dangerous condition, and
- Failed to take reasonable steps to fix it, leading to harm.
Can You Recover Damages for Stolen Property?
Potentially, yes. If you can show that your landlord’s negligence in maintaining building security was a proximate cause of the burglary, you may be able to bring a negligence claim in civil court to recover the value of your stolen items.
However, you should also:
- File a police report immediately;
- Notify your landlord in writing of the burglary and your previous complaints;
- Document all losses with receipts, photos, or credit card records;
- Check your renter’s insurance, if any, which may cover some or all of the loss.
Legal Remedies for Tenants
Here are several options you may have:
1. Small Claims Court (Up to $10,000)
If the value of your stolen items is within the small claims limit, you can sue your landlord without a lawyer for money damages. You must prove:
- The landlord was negligent;
- Their negligence caused the burglary;
- You suffered a loss (with proof of value).
2. Housing Court: HP Proceeding
If the door is still not secured, you can file an HP action in NYC Housing Court to compel the landlord to make repairs or address violations.
3. Civil Negligence Lawsuit
For more serious cases or high-value losses, a formal lawsuit may be appropriate — including an action in Civil Court or even Supreme Court, depending on the amount of damages and complexity of the case — especially if the landlord has a documented history of failing to maintain building security.
✅ Tips for Protecting Your Rights
- Put everything in writing – emails, texts, and letters notifying your landlord about building issues can make or break your case.
- Keep records of all communications, police reports, and stolen item documentation.
- Speak with a lawyer if you’re unsure about next steps or if your landlord becomes uncooperative.
You Don’t Have to Tolerate Negligence
At our firm, we fight for tenants who’ve been harmed because a landlord failed to do their job. If your apartment was broken into and your landlord ignored security concerns, you may have a strong claim — and we’re here to help.
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ATTORNEY ADVERTISING. This blog post is provided for informational purposes only and does not constitute legal advice. For specific legal guidance related to your situation, please consult with an attorney. Prior results do not guarantee a similar outcome.