Robbery

What is the name of your state? Florida

My sister was recently robbed in her apartment without forced entry on the door. The tenant before obviously had keys made and given to neighbors. Prior to my sister moving in, the locks were never changed (however, management declared that they were). The afternoon that she was robbed, management and maintenance were the first individuals to show up at the scene to change the locks once again. And would not provide the proof of the last lock change or provide the lock to my father or the police when they arrived for further investigation. The management than inquired if we were blaming their staff for my sister's breakin. I think that there was a similar situation in Tampa where the woman sued and won because the apartment complex put her life at risk. My sister spoke to corporate and corporate did not care one bit about the incident just stating that hers was not the only break-in reported without forced entry and there have been several others within the apartment complex.

My sister has been devestated since the break-in and feels violated. Is there anything that I can do to bring the landlord (aka apartment complex) to court? Are there any laws or documents that I may utilize to prove them wrong in changing the lock and putting my sister's life at risk?

I would think that she would have to prove that a key that had been copied by a former tenant was used to make entry. Because the management could argue that she just as likely left her door or window open or unlocked.

Because they did not change the locks does not necessarily mean that they have done anything negligent.

But, to be sure, she may want to contact an attorney in FL ... tort law may be peculiar there.

Carl

Generally, a landowner need only provide "reasonable and adequate" security measures. Locks on the door usually satisfy that requirement. Failure to change them is irrelevant unless you sister can prove that that failure was the (sole) cause of the break-in. Meaning, even if there were no locks and the door was made out of tinfoil, if the burglars came in through the window, the landowner is not liable.


As it's nearly impossible to prove where keys came from, your sister will have a hard time proving her case.

Please explain, as briefly as possible, how anyone KNOWS for a fact that the locks were not changed.

No one KNOWS for a fact that the locks were not changed; but the management can not provide any paperwork in her file stating that they were and suspicion showed when they were the first to know of the robbery and the first to show up to change the locks...

Need Help in FL said:

Is there anything that I can do to bring the landlord (aka apartment complex) to court?

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Unless you are an attorney, licensed to practice in Florida, the answer is no. You cannot represent her or do anything to 'bring the landlord to court' on her behalf.

Are there any laws or documents that I may utilize to prove them wrong in changing the lock and putting my sister's life at risk?

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Florida does not have a statute requiring a landlord to change or rekey locks between tenants. However, civil suits have been won when a tenant suffered loss or damage and it was proven that the landlord was negligent in providing reasonable care and custody of security. The chances of success in a suit would depend largely on the evidence presented..... however, the likelihood that a court would award any 'real' damages over a simple issue of a break-in without any physical harm is very slim.