Guest Blog. Landlord Liability for Car Break-Ins in Residential Parking Garages: A 50-State Overview

Guest blog by Melinda McBeth

A Legal Look at Garage Security and Landlord Responsibility

Car break-ins that occur inside residential parking garages raise challenging legal questions. Often tenants assume that a gated, or enclosed garage, guarantees safety and, in the event of a security breach, the landlord must be liable. However, U.S. courts and legislatures have consistently clarified that landlord liability for such incidents is limited and varies by state. This article offers a comprehensive overview of how landlord liability is treated across all 50 states, highlighting key principles, case law, and legal standards that apply.

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General Legal Principle: No Automatic Liability

Landlords are not automatically liable for crimes, including car break-ins, that occur in residential parking garages. In general, landlords are only responsible if the tenant can prove:

1. Foreseeability: The landlord knew or should have known that break-ins were likely.
2. Negligence: The landlord failed to take reasonable steps to prevent foreseeable crimes.
3. Causation: The landlord’s failure was a contributing factor to the break-in.

Courts typically require prior incidents, tenant complaints, or broken security features to establish foreseeability and negligence.

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Parking Garage Liability Scenarios

1. Negligent Maintenance

Landlords may be liable if:

• Garage doors or gates are left broken for extended periods.
• Security cameras or lights are not maintained.
• Tenants report security concerns that are ignored.

2. Foreseeable Crime

If there is a documented history of car break-ins on the premises or surrounding area, courts may expect the landlord to enhance security (e.g., better lighting, surveillance, or access control).

3. Misrepresentation or Lease Violations

If a landlord advertises the garage as "secure" or "monitored" but fails to provide such features, liability may arise under false advertising, breach of contract, or negligent misrepresentation doctrines.

4. Local Ordinances and Building Codes

Some cities and states impose minimum standards for garage safety (e.g., lighting, emergency exits). Violating these codes may result in liability

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50-State Overview: Representative Standards

Check the liability map here for additional information but a here’s a quick sketch:

🔵 Northeast

• New York: Liability when the landlord had notice of prior crime.
• Pennsylvania: Landlord not insurer; must show foreseeability.
• Massachusetts, New Jersey, Connecticut: Require negligence and foreseeability.

🟨 Midwest

• Illinois: Limited landlord duty unless prior knowledge.
• Ohio: Notice of prior incidents key.
• Michigan, Wisconsin, Minnesota: Liability only with prior incidents or explicit security representations.

🔴 South

• Texas: No duty unless prior similar crimes.
• Florida: Foreseeability and breach required.
• Georgia: Liability if negligent.

🟩 West

• California:  Landlords not liable absent foreseeability and prior similar crimes.
• Colorado:  Totality of circumstances standard.
• Oregon, Washington, Arizona: Follow general negligence; enforce lease disclaimers.

🌎 Alaska & Hawaii

• Hawaii: Foreseeability applies.
• Alaska: General tort principles; limited landlord duties unless security was explicitly promised.

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Risk Management Tips

For Landlords:

• Keep garages well-lit and secured.
• Fix broken gates, locks, and cameras promptly.
• Avoid overstating security features in advertisements.
• Include disclaimers in leases.

For Tenants:

• Use comprehensive auto insurance.
• Avoid leaving valuables in plain sight.
• Report all garage issues in writing.
• Document any prior break-ins or threats.

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Conclusion

Across the U.S., landlord liability for car break-ins in residential parking garages is generally limited. However, courts do recognize duties when crimes are foreseeable, security is promised and not delivered, or building codes are violated. Both landlords and tenants should proactively manage their respective responsibilities to minimize risk and clarify legal expectations.

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Have questions?

Join our Live Webinar with Attorney Melinda McBeth!!! ‍

Thursday, May 15, 2025 at 12 ET/PT! There will be a Q&A!

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About the Author:

Melinda McBeth is a litigator at Offit Kurman who has spent six years representing landlords and property management companies in matters that relate to residential and commercial real property, including lease construction, fair housing disputes, administrative agency complaints, breach of contract defense and civil litigation.

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‍Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. For state-specific guidance, consult a licensed attorney in your jurisdiction.