[RPPTL LandTen] Residential lease question

[David Weisman]

Absent an agreement by the Landlord to provide security or Landlord's knowledge of a dangerous condition, i.e. the neighborhood, the random act  of a criminal should not be grounds for terminating the contract between L and T.

David  Weisman
Board Certified Real Estate Lawyer
Greenspoon Marder, P.A.
Trade Center South, Suite 700
100 West Cypress Creek Road
Ft. Lauderdale, FL 33309
Phone 954-491-1120
Toll Free 888-491-1120
Direct Phone 954-343-6941
Direct Fax 954-343-6942

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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, March 03, 2010 11:54 AM
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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