Is the landlord responsible for theft?

[kayanden]

New York.
My Mother lived in a Senior Citizens managed apartment complex. My Mother died on April 10,2006. She did not have a will. I am the Administrator of her small estate. The day after she died, my Brother and his wife completely emptied her apartment. I mean completely, they took the air conditioner right out of the wall. I know what I have to do as far as surrogate court. What I would like to know is,is this a police matter? Can I file a police report? Is anyone at the complex responsible for this? Is this larceny or theft?
To add insult to injury, my brother did not return the key. Now the management company has sent me a bill for having to change the locks. The bill is over $400. I have changed locks in my own home,the most it ever cost me was $25. I would think that they would change the locks after every tenant. Do they really know if all keys are returned?

 

[moburkes]

Was the bill addressed to YOU, or to the estate?
Since the apartment complex did not commit the theft, they are not responsible for it.
Sure, you can file a police report.

 

[FarmerJ]

Re the locks as to the cost . If they are specialty locks having a locksmith change the locks MIGHT have run that much. Standard locks one buys at a hardware store are much lower cost, but for example if the mail and say laundry room and any other keys were not returned then the cost can be much higher. If the locks were like medco type commercial locks then they are very very esxpensive. Also like the other poster said make a police report. it isnt the LLs fault that your brother and SIL acted like vultures. File it with police and have them produce everything or face charges.

 

[PghREA]

The landlord is only responsible if he is the one who did the stealing.

You already know that it was your brother - go after him!

 

[xylene]

400 dollars is extremely high.

Commercial locks are made to be almost endlessly re-key-able.

If anything, the rekeying process should cost less, not more than a residential lock, since fewer mechanical parts are actually replaced in the typical process.

Did your brother damage the lock, requiring the entire unit to be replaced?

Key charges are specified in leases / facility agreements.

Demand the facility provide proof in the form of an invoice that this outlandish charge is legit.

If it is for damage caused by bro, add it to the things to sue for.

You should consult with the police about your brothers conduct.

It is possible the facility has some liability depending on the circumstances.