[RPPTL LandTen] Residential lease question

Wed Mar 3 10:16:14 PST 2010

I would have to agree with David Weisman.  Sure, there may be a tort action for negligent security, but there is no statutory duty to provide security and therefore, no statutory grounds to cancel the lease.  The Lease itself may allow it, but that would be unusual.

Cary Sabol

Cary P. Sabol, Esq.
P.O. Box 15981
West Palm Beach, Florida 33416 
Phone: (561) 281-2744

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--- On Wed, 3/3/10, Alberto Cardet <acardet at justice.com> wrote:

From: Alberto Cardet <acardet at justice.com>
Subject: Re: [RPPTL LandTen] Residential lease question
To: mlawyer at bals.org, "RPPTL Landlord Tenant Committee" <landten at lists.flabarrpptl.org>
Date: Wednesday, March 3, 2010, 12:38 PM

I agree with Marty, if you represent the tenant you may have a negligent security case.  

Alberto M. Cardet, P.A.
1330 Coral Way #301
Miami Fl 33145
305-403-7783
305-403-7824 (fax)

--- mlawyer at bals.org wrote:

From: "Martin Lawyer" <mlawyer at bals.org>
To: "'RPPTL Landlord Tenant Committee'" <landten at lists.flabarrpptl.org>
Subject: Re: [RPPTL LandTen] Residential lease question
Date: Wed, 3 Mar 2010 12:13:28 -0500

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 

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 

Scott W. Dibbs

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

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