Question: I own a furnished apartment for tourist use that I rent from a minimum of two days to a maximum of 28 days . During the stay of two guests, thieves unhinged the door and stole in addition to my items some valuables of the clients.The latter sent me a claim for compensation. Assuming that I am not a hotel but I rent the property with handing over the keys at check in and returning them at check out, how can I be responsible for the theft occurred?

Answer: If the burglary occurred as a result of forcing the lock on the front door, which had been properly double-locked by the tenant, we are in the presence of a case of force majeure.

Force majeure, like fortuitous event, excludes negligence and, therefore, the liability of the person.

In the case described, therefore, it is hard to see in what capacity the landlord should be liable. If anything, the tenant, who assumes the role of janitor of the property, could be called to answer for the damage, if it were to be proved that the door had not been properly double-locked by the tenant himself.

In conclusion, in case of burglary certainly there is no liability of the landlord.