Attempted break in apartment with building maintenance key

[Dk112]

What is the name of your state (only U.S. law)? New York

On Saturday night two guys tried to brake into my apartment. They did not expect that I was home since I travel a lot. When I surprised them, they ran off. My building has an electronic fob key system that should give you super security. When they ran off, they forgot a maintenance key in the key hole, which is used to override the fob in an emergency. These keys are supposed to be locked away but it seems it was not or it was an inside job.. Can I sue the building company for negligence or gross negligence?

 

[FlyingRon]

What "damage" do you have that you are going to sue for? What "might" have happened is not recoverable.

 

[kevin9877]

What "damage" do you have that you are going to sue for? What "might" have happened is not recoverable.

Just curious, did they change the locks after this attempted break in? Seems to me the robbers could have a duplicate key.

 

[Dk112]

What "damage" do you have that you are going to sue for? What "might" have happened is not recoverable.

The robbers could have killed us if I would not been awake.. They should at least waive the rent till I move out in two months...

 

[Dk112]

Just curious, did they change the locks after this attempted break in? Seems to me the robbers could have a duplicate key.

Yes they changed the lock and the only key in the lock box that was stolen was the one to my apartment.

 

[FarmerJ]

Did you call the police ? It would be interesting to know whose finger prints were on that key

 

[cbg]

You don't get to sue for what might have happened; only what actually did happen. So what actual damages did you incur?

 

[Gail in Georgia]

"The robbers could have killed us if I would not been awake.. They should at least waive the rent till I move out in two months..."

Just so we understand this, you don't mind living in a place where you claim the "almost break in" was an inside job...just as long as you can live there rent free for the next two months??

Got it...

As previously mentioned, you don't get to sue for something that might have happened..but didn't.

Management is responsible for changing the locks. They've done so.

Gail

 

[Zigner]

The robbers could have killed us if I would not been awake..

Good thing you were awake.

They should at least waive the rent till I move out in two months...

Had you been killed, that may have been an option. I guess it's a financial decision, isn't it. Your life for two months of rent.

 

[FlyingRon]

The robbers could have killed us if I would not been awake.. They should at least waive the rent till I move out in two months...

Again, "what could have happened" is NOT legally actionable. Your expectation that you're going to get to live there for free is wishful thinking. THere's not a chance in the world that it will happen through legal action.

 

[BL]

Did you call the police? If not why not ? Do you know the Maintenance personnel that enter or what they looked like ?

 

[Dk112]

"The robbers could have killed us if I would not been awake.. They should at least waive the rent till I move out in two months..."

Just so we understand this, you don't mind living in a place where you claim the "almost break in" was an inside job...just as long as you can live there rent free for the next two months??

Got it...

As previously mentioned, you don't get to sue for something that might have happened..but didn't.

Management is responsible for changing the locks. They've done so.

Gail

I am sorry but you are wrong.. You can sue for something that could have happen... It has nothing to do with a financial decision I was just saying that this should have been something they offer... I
I will move out anyways so I don't care. They will not get a dime rent till I move out...

 

[Dk112]

Again, "what could have happened" is NOT legally actionable. Your expectation that you're going to get to live there for free is wishful thinking. THere's not a chance in the world that it will happen through legal action.

You see, that why you are not a lawyer... You can indeed sue for what if...

 

[Dk112]

Did you call the police? If not why not ? Do you know the Maintenance personnel that enter or what they looked like ?

Yes we called the police and No it was not the maintenance people that broke in.. They either left the maintenance key cabinet open and someone took the key or they gave it to someone

 

[FlyingRon]

If you are so much better versed in the law, why did you come here?

Well you are correct, you can sue over what "might have" happened.
You won't prevail. In fact, you're likely to get tossed out early on for failing to state a claim that you can recover from. They don't even have to get into the discussion as to whether the landlord was negligent.

Further, just unilaterally not paying isn't going to work either, EVEN IF YOU HAD SO ME JUSIFICATION. You can't just say "they did me wrong" and take it upon yourself not to pay.
You likely will get sued and they will prevail on he rent even if you do move out (unless for some reason the security deposit and any prepaid rent just happens to cover all you owe).