What is negligent security?

Negligent security is a legal concept that holds property owners accountable for injuries or financial damages that visitors incur as a result of the owner's negligence. Property owners are responsible for taking reasonable measures to ensure the safety of their visitors and customers while on their property.

Visitors have a reasonable expectation of safety when they enter a property, and property owners are expected to provide adequate security to maintain a secure environment. However, in many cases, property owners fail to take appropriate security measures that could help prevent injury or harm to visitors.

If you are injured, robbed, or assaulted on someone else's property due to negligent security, you may be entitled to file a personal injury claim to seek compensation for your medical expenses, loss of wages, and pain and suffering. This allows victims of negligent security to hold property owners accountable for their failure to provide a safe environment and to recover the financial damages incurred as a result of the injury.

What is considered negligent security?

Property owners need to take appropriate security measures to prevent violent crimes from happening on their premises. They can, for instance, install CCTV cameras, and also make sure that the gates and doors are properly locked. Here are some examples of negligent security.

No security system

Property owners need to make reasonable efforts to make sure their property is safe, such as installing CCTV cameras, alarm systems, and door locking mechanisms. Not having such systems in place can be negligent security. In a case where the property owner installed these systems but failed to fix a broken security camera or alarm, they could also be liable.

No Security guard

In places like bars, a nightclub, or concerts, having security guards is necessary. Failure to have such a professional in such a place is negligent security. Hiring untrained security guards who failed to take the right measure during an emergency can also result in negligent security.

Poor or broken lighting

Criminals have a thing for darkness, and they feel protected by it. Failing to install proper lighting on your property can be negligence. Ensuring your property is properly illuminated will deter criminals from your property. Also, failure to fix a broken or dead bulb is negligent security.

Proving negligent security

The fact is that every property comes with diverse security requirements. A nightclub, for example, might need a security guard that helps keep customers safe. A retail store, on the other hand, might not need a security guard but rather, security cameras and alarm systems.

When the inevitable happens, it might be tricky to know whether you have a claim. If you can prove that the property owner was negligent, you’re on your way to getting compensated for any loss or damages.


If that is the case, you can’t do without a personal injury attorney. Feel free to get in touch by calling, or perhaps fill our contact form.

What protections must landlords provide tenants?

In order to ensure the safety and well-being of tenants, landlords are legally obligated to fulfill a number of requirements. These requirements not only help to maintain positive relationships with tenants, but also ensure compliance with relevant laws and regulations. This blog will explore the essential protections that landlords are required to provide for their tenants, including providing habitable living conditions, complying with local and state housing codes, and making reasonable accommodations for tenants with disabilities. It is crucial for landlords, whether new or experienced, to have a deep understanding of their legal obligations to maintain a successful and ethical rental business.

In this regard, it is highly recommended to work with an experienced attorney who has jurisdiction and can navigate the varying Landlord Tenant Laws of different states. Additionally, landlords should note that they have the freedom to establish their own rules as long as they comply with the 'Fair Housing Act' or the 'New York State Division of Human Rights'. In this blog, we will delve into the essential protections that every landlord must provide to ensure the safety and well-being of their tenants.

Good Plumbing Condition

Before a unit is offered for lease, the landlord is mandated to install plumbing conditions that don't frustrate the tenant such as a fault kitchen pump, leakage, or perhaps a stuck shower handle.

Electrical outlets in good positions and condition

The sockets need to be in a good location in the unit, and they have to be in good condition to avoid electrocution. Having the electrical sockets in ideal positions will save the tenant cost of hiring an electrical engineer.

Prompt Repairs

It might not the duty of the landlord to fix your ripped carpet, rather things that make living in the unit inhabitable. However, a broken HVAC system, water damage, malfunctioning sink or toilet must be repaired promptly to avoid hazards. Tenants need to inform the landlord of any damage for a quick repair.

Contact info for emergences

It could be your contact information, or perhaps that of a property management firm. However, it is important to provide a means of contact for tenants to report any emergencies or maintenance issues. Failure to do so will lead to legal repercussions from code enforcement or any agency with jurisdiction.

Maintaining insurance

It might not be the duty of the landlord to insure tenants' personal properties, but they are responsible for insuring the unit. For tenants, they need a renters’ insurance policy to cover their personal belongings inside the unit. In an event of damage to the unit, it is the obligation of the landlord and their insurance company, not the tenant.


To be safe, work with a licensed and experienced attorney with jurisdiction. That way, you’re guided every step of the way while staying away from mistakes that might bite you later in the future. Go ahead and give us a call or perhaps fill the contact form to begin.

Is my landlord obligated to return my security deposit?

The short answer is YES - your landlord is obligated to return your security deposit provided there was no damage to the property or any unpaid rent or taxes. When moving out of a rental property, it is common to want your security deposit as soon as possible.

However, some landlords often hesitate in returning the deposit or outright denial. Note that your landlord is mandated to follow your state law when handling your security deposit, using it for certain expenses, and returning it to you at a specific time.

As a tenant, here are the things you can do to ensure you get your money back in one piece.

  1. Plan Ahead

Whether you’re paying annually or month to month, it is paramount to give your landlord a legally-required notice to end your tenancy if you have no plan of renewing it. Do this three to one month of parking out, and make sure you have a copy of the notice and send it by certified mail, with the return receipt requested.

  1. Know your entitlements

Depending on your state, your landlord is held to the strict guideline as to how and when to return the security deposit. Failure to adhere to the provisions of the law attracts hefty penalties. Every state law is different, and it is important to know what’s obtainable in your case for the best course of action.

Some states set the deadline to two to three weeks after you move out, and your landlord is expected to forward the following:

  1. Follow up with your landlord

If you’re dissatisfied with how your landlord is handling the situation, or perhaps the landlord broke some state laws, try to work something out. If you both agree, you might get some of your deposit back. 

Take note that the agreement is legally binding, and your landlord risks being sued if he fails to honor the provisions of the agreement. In cases where you’re trying to follow up with your landlord but it just doesn’t work, write the landlord a demand letter requesting the return of the deposit.

  1. Sue in a small claims court

If the landlord defaults in the agreement with no plan of ever agreeing, you can file a lawsuit in a small claims court. Sue for the amount of security deposit that your landlord is wrongfully holding, including interest if your state demands it.

Sometimes you can’t do it alone, and that is why numerous tenants or renters who found themselves in this ugly rut work with an experienced and licensed attorney. We have been helping our clients get back their security deposit, and we can help you too. Give us a call, or fill our contact form.

The Real Rights Of Tenants

In the state of New York, there are laws to protect tenants just as there are laws to protect landlords. The problem is that many tenants think they know the law without actually doing any research. Before you get yourself in trouble with your landlord by assuming something, you should spend the time to do research and find out the facts.

When Rent Is Due

Too many tenants assume that there is a law in place that provides for a grace period in paying rent. For example, many people feel that if rent is due on the first of each month, then there is a legal grace period that says that rent is not late until the fifth of the month, or some other arbitrary date.

Your rent is due when your lease says it is due. Some landlords put in a grace period that puts off late payment penalties for a few days after the due date, but that does not mean that you can always put your payment off until that date. Tenants must pay their rent according to their lease, and there is no legal grace period that applies.

Security Deposits

When it comes to privately owned rental properties, the laws in New York State are vague on security deposits. If the property in question is a state-regulated property, then there are caps in place that prevent security deposits from being too high. But the state does not have security deposit caps on privately-owned rental properties. However, tenants may want to check with their local city or town government to see if there is a local cap in place.

A big misconception that tenants have about security deposits is that all landlords must return security deposits within 30 days of the tenants handing over the keys to the rental property. The law in New York State only states that landlords must return deposits in a "reasonable amount of time" after the tenant has vacated the property and given back the keys. There is also no guidelines for what a landlord can charge for against a security deposit once a tenant moves out.


When roommates sign a lease together, it is with the legal understanding that they both share in the responsibilities that come with the lease. A landlord does not have to be concerned with the arrangements that roommates make between each other. It is the responsibility of co-tenants to pay the rent on time and make sure that the apartment is in good shape when they move out.

Co-tenants can also suffer for the actions of their roommates. For example, if one roommate is out of town for the weekend and the other roommate throws a wild party that significantly damages the apartment, then both tenants are on the line for the repairs. In this instance, both tenants could also be evicted if the landlord decides to go that route.

Tenants do have rights in the state of New York, but those rights may not be as inclusive as tenants may expect. Before you decide to sign a lease with a roommate or rent a property with a high security deposit, it is important to know your rights and understand your responsibilities to your landlord under the law.