Unveiled Truth: Who is Liable for Car Break-ins at an Apartment Complex?

In cities across the U.S., it’s hard to miss the volume of headlines about  car break-ins. Thirty or even 40 residents in a single apartment complex may wake to find their windows smashed, their vehicles pilfered. With these crimes on the rise, tenants often wonder who is responsible when their car is vandalized or even stolen from their apartment’s parking lot? Is it the property owner, the security provider, or simply an unfortunate risk of urban living? 

Understanding the legal landscape surrounding apartment security can help both tenants and property managers take the right steps to enhance protection and minimize liability.

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Understanding Property Owner Liability

Apartment complexes typically have designated parking areas, whether gated or open. However, most lease agreements contain clauses that waive the landlord’s liability for stolen or damaged property, including vehicles. This means that, in most cases, property owners are not legally responsible for car break-ins unless negligent security can be proven, and that is difficult to prove unless:

• The complex has a history of frequent car thefts or break-ins, and no additional security measures have been implemented.
• Non-functioning security features, such as broken gates, lights, or live surveillance cameras, are ignored despite repeated resident complaints.
• The property owner misrepresented security measures in leasing agreements, leading tenants to believe their vehicles were protected.

If residents can prove that the landlord failed to take reasonable precautions despite clear risks, a claim for negligence may hold up in court. But an ounce of prevention is always better than a pound of cure.

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How Residents Can Protect Themselves

Since property owners are rarely held responsible for car break-ins, tenants must take steps to secure their vehicles. Here are a few effective ways to reduce the risk:

• Choose a complex with AI security cameras and remote guarding security. Advanced security systems can detect suspicious behavior and alert remote guards in real time, increasing the chances of deterring criminals.
• Park in well-lit areas. Thieves often target cars in dark or isolated sections of a parking lot.
• Install additional vehicle security measures. Steering wheel locks, alarm systems, and GPS trackers can make a vehicle less appealing to criminals.
• Never leave your car running unattended or your keys inside your vehicle.
• Never leave goods visible inside your vehicle, unattended. 
• Report suspicious activity. If tenants notice unauthorized individuals loitering near parked cars, reporting them to management or security can help prevent potential break-ins.

The Future of Apartment Security: AI Surveillance & Remote Guarding

The best news is there is technology out there that can deter car break-ins. Property managers are increasingly turning to AI security cameras and remote guarding services to enhance protection. AI-driven surveillance can detect unusual activity in the garage in real time: say, someone in the garage around 2 a.m., wandering from car to car. Such activity will trigger an immediate alert. Remote guarding security responds to the alert, switches to live view, and “Voices Down” a would-be perpetrator.

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Wondering how well that works?

Properties with Cloudastructure’s AI Surveillance and Remote Guarding experienced a 98% deterrence rate on crime in their garages and all communal areas in 2024.

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Conclusion

While property owners are not usually liable for car break-ins, they have a duty to provide reasonable apartment security. If your apartment complex is experiencing multiple break-ins, ask your property manager if they’ve explored  AI security cameras and remote guarding and let them know it not only deters criminals but also enhances resident satisfaction. 

In fact, according to a recent NAA tenant survey, a majority of renters prefer apartments with monitored security systems and AI-powered surveillance. By adopting remote guarding security, property managers can minimize liability risks while offering a safer living environment for their residents.

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Interested in learning more about garage or parking lot liability? 

Watch our webinar: Ask an Attorney: Car Break-Ins, Theft, and Landlord Liability with our panel of legal experts from Offit & Kurman.

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Already know you want to end car break-ins on your property?

We’re here to help. Contact us today for a free consult with a site security expert.

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