[RPPTL LandTen] Residential lease question

[Martin Lawyer]

As a tenant advocate, I would label this as security negligence and send to
the landlord a 7-day notice under § 83.56(1), Fla. Stat. demanding that the
landlord take adequate measures to correct the security defect commensurate
with the (now) known risk.

 

You should look at the security negligence cases.  The landlord may (or may
not) have liability to the tenant in money damages under the established
tort law in Florida.

 

Marty

 

C. Martin (Marty) Lawyer, III

BAY AREA LEGAL SERVICES, INC.

829  West M. L. King Blvd.,  Suite # 200

Tampa,  FL 33603-3336

(813) 232-1222,  Ext. 109

FAX: 232-1403

PRESERVING INDEPENDENCE, HOPE, AND DIGNITY

 

 

 

 

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From: landten-bounces at lists.flabarrpptl.org
[mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Scott W. Dibbs
Sent: Wednesday, 03 March 2010 11:54
To: RPPTL Landlord Tenant Committee
Subject: [RPPTL LandTen] Residential lease question

 

I am hoping someone can provide me with some quick guidance.  I freely admit
that I don't do any residential lease work and am not that familiar with the
Residential LL/T Act.  

 

Facts-  A tenant signed a residential lease.  A couple of months into the
lease, someone (presumably a stranger) broke into the apartment and ended up
shooting the tenant.  The tenant now in the hospital with serious injuries.


 

I've been asked whether the tenant has any grounds on which to get out of
his lease.  I haven't seen the lease, but I doubt it would provide the
tenant any clear remedy in this case.  And clearly there are a bunch of
missing facts.  I'm really just trying to get a sense for the potential
arguments-- statutory or otherwise-- that might be out there, if any.
Thanks in advance for any thoughts you may be able to provide.

 

Scott

 

 

  <http://www.hwhlaw.com/hwh-logo.gif> 
Scott W. Dibbs

Hill Ward Henderson
3700 Bank of America Plaza
101 East Kennedy Boulevard
Tampa, FL  33602
 <http://www.hwhlaw.com/> http://www.hwhlaw.com
Main: 813-221-3900
Fax: 813-221-2900
Direct: 813-227-8464
sdibbs at hwhlaw.com

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