Car Break-ins, Auto Theft & Landlord Liability: Key Legal Takeaways

Attorney Melinda McBeth of Offit/Kurman joined Cloudastructure’s Jen Free to talk about the sharp uptick in car break-ins and auto theft nationwide. Multifamily property managers are under increasing pressure to improve safety, reduce liability, and prevent crime before it starts. 

Here are the key takeaways from the webinar:

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1. Most Car Break-Ins Are Not Solved — But You Might Still Be Sued

According to Melinda, over 90% of auto thefts go unsolved, and that presents a huge challenge: “Even when residents know the thief won’t be caught, they often turn to the landlord as the next logical person to blame.”

Legal takeaway: You’re not automatically liable for a car break-in or apartment theft—but if you had reason to believe it might happen, you could be.

In legal terms, this is called “foreseeability.” If you’ve had repeated car break-ins and your gate has been broken, or your video surveillance system has been down for weeks, that may expose your property to civil lawsuits. Supply chain orders are not enough if you’re facing repeated illicit activity in the garage.

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2. Lack of Cameras—or Broken Cameras—Can Hurt You in Court

When asked whether not having cameras makes a landlord liable, Melinda was clear: “If there’s a known history of incidents and you’ve done nothing to mitigate the risk—yes, you could be found liable.”

Even if you do have a video surveillance system, you must ensure it's functional. “If your cameras have been down and you haven’t documented attempts to repair them, that’s a problem.”

Legal takeaway: Install reliable cameras, retain cloud video recordings, and document every step you take to maintain your security system.

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3. Cloud Video Recording Isn’t Just Smart—It’s Your Legal Backup

Cloud video recording protects you in two ways:

• It creates a secure, retrievable record of incidents
  
  
• It shows you’re taking proactive measures to ensure resident safety
  

“This documentation is often what wins or loses a negligence case,” Melinda explained. “Courts want to see that you were doing your due diligence—even if you couldn’t prevent the crime.”

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4. Know When to Share Surveillance Footage (and When Not To)

Residents often ask to see footage. Should you share it? “It depends,” said Melinda. “If it’s a police request, you should generally cooperate. If it’s a resident, be cautious—especially if others’ privacy could be violated. And if you're ever unsure, call your attorney.”

Legal takeaway: Always verify the request, and don’t share internal incident reports unless legally compelled.

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5. Security Incidents Can Lead to More Than Just Repairs

Melinda shared examples of residents suing for:

• Full value of a stolen or damaged car
  
  
• Emotional distress
  
  
• Job loss due to lack of transportation
  
  
• Medical bills or therapy following violent incidents
  
  

Legal takeaway: Even when the odds of losing in court are low, legal defense is expensive. Prevention is your most cost-effective legal strategy.

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6. Footage Helps with Police, but It’s Even Better When Crime Is Prevented

The most effective way to handle car break-ins is to prevent them entirely. Cloudastructure’s Jen Free discussed how our AI Surveillance and seamless Remote Guarding actually deters 98% of parking garage issues. With cloud-based video surveillance systems and remote guard services, properties can:

• Significantly reduce incidents 
• Reduce onsite guard costs by as much as 40%
• Significantly reduce the risk of garage liability

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Final Thought: Prevention Is the Best Investment

As crime rates rise and residents demand more security, investing in a modern video surveillance system isn’t just smart — it’s essential. Property managers looking to reduce risk, attract quality tenants, and ensure peace of mind should prioritize AI-powered video monitoring and cloud video recording.

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Ready to Upgrade Your Property’s Security?

Cloudastructure’s AI Surveillance and Remote Guarding platform offers proactive protection against apartment and car break-ins.

Book a call with us today!  Or learn more here

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