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I was robbed at gunpoint in the poorly-lit parking lot of my apt building. Can I break my lease without liability?
Anonymous5 views3 answers
The apartment building is managed through a property management company that has provided terrible service thus far - updating my keys without notification (or drop-off), refusing to fix the mailbox that's broken, and generally bad management of the entire facility. But getting robbed at gunpoint is where I draw the line. I don't want to be responsible for the remainder of the lease & would like to get my deposit back.
Hopefully you were not physically injured. An owner of property is under a duty to provide a reasonably safe premises for invitees. A landlord has a higher duty to its tenants. The building code provides minimum standards for lighting in the parking lot. If the lighting is not up to Code it could support a finding of negligence. You could use this in a notice of intent to withhold rent, but I think it would be a stretch to terminate your lease on this basis alone. You did not state how long you have remaining on the current lease. An experienced attorney can review the lease and give you advice tailored to your specifc situation.
I'm sorry for what you've gone through.
Florida Statutes 83.51(2) says the landlord must make reasonable provisions for the "clean and safe condition of common areas." Given the history and reputation of the management company as you've outlined it, you should contact a landlord / tenant attorney to advise you on next steps. (Your landlord may also be responsible for your attorney fees.)
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
Generally, NO. Your contract and the criminal acts of the third party are not related. Its sounds like you have lot of issues, not just being robbed. You will be taking a risk of being sued by just leaving. Now, you MAY have a claim against them for negligent security IF you can show that the property management people had reason to know that a robbery would take place. The bigger issue is what kind of damages did you suffer from the robbery. Physical injury, emotional, PTSD?....and have you sought treatment?
