Gross Negligence by Landlord - Burglary

[Jabby4evr777]

We are living in Jacksonville, Florida

We just moved into the apartment complex on March 5th 2005. My car was broken into on the night of 3-26-2005 sometime between 4 am and 8 am. I have notified the police immediately after I noticed the burglary and the officer made a police report and stated that he totally agrees with me that the parking lot where it happened is totally unsafe. The thief/thieves smashed the back window of my 1996 GMC Jimmy and stole my speaker-box with 2 – 12” subwoofers and the amplifier that was screwed onto the box. I have always turned off the music BEFORE I pulled into the apartment complex so I wouldn't attract attention. The back windows in my car came very dark tinted from the factory, it's hard to even just look in there (unless the sun shines) and to see what's in there.

It was brought to my attention AFTER my car was broken into that this burglary was not the first one that happened recently on the parking lot right in front of our building, it was actually the second in two weeks (another break-in happened exactly a week earlier) and there were 8 cars broken into a few weeks prior to that. I understand that these incidents were brought to our landlord's attention and he has done NOTHING to resolve the lack-of-security issue that is STILL present on the premises. There are light fixtures but there are NO light bulbs in them to make the premises safer. My understanding is that our landlord has acted negligent in an extreme way by ignoring the previous beak-ins and that he is responsible for my damages because of his negligence. I think that his homeowner’s insurance has to pay for my damages. His gross negligence and ignorance enables criminals to enter the premises, to commit crimes because of the lack of security and he is not doing anything about it. The parking lots are pitch dark at night which presents not only a danger to tenant’s property, but to human lives as well.

We have paid our security deposit of $ 299 and first months rent which is $ 795 at the beginning of March but we have never even signed a lease.

I have sent a letter to our landlord with a demand to pay $ 999.50 which is equal to my damages/loss. The last sentence is as follows:

"I am enclosing the copy of my receipt for the rear window and I am looking forward to receive a payment in the amount of $ 999.50 from you within the next 10 days. I am working for an attorney and if I don’t receive my money within that set time frame, we will take further action."

Despite all of this, we have paid our April rent already.

What is your opinion about my rights as a tenant, our landlord's gross negligence and the total lack of security on the premises? What would you do if you were in my shoes? Any input is greatly appreciated

 

[south]

LMAO Dream on, even if there was a burglary per 10 mins its still not the landlords responsibility, move to a place with a garage and pay more..

We are living in Jacksonville, Florida

We just moved into the apartment complex on March 5th 2005. My car was broken into on the night of 3-26-2005 sometime between 4 am and 8 am. I have notified the police immediately after I noticed the burglary and the officer made a police report and stated that he totally agrees with me that the parking lot where it happened is totally unsafe. The thief/thieves smashed the back window of my 1996 GMC Jimmy and stole my speaker-box with 2 – 12” subwoofers and the amplifier that was screwed onto the box. I have always turned off the music BEFORE I pulled into the apartment complex so I wouldn't attract attention. The back windows in my car came very dark tinted from the factory, it's hard to even just look in there (unless the sun shines) and to see what's in there.

It was brought to my attention AFTER my car was broken into that this burglary was not the first one that happened recently on the parking lot right in front of our building, it was actually the second in two weeks (another break-in happened exactly a week earlier) and there were 8 cars broken into a few weeks prior to that. I understand that these incidents were brought to our landlord's attention and he has done NOTHING to resolve the lack-of-security issue that is STILL present on the premises. There are light fixtures but there are NO light bulbs in them to make the premises safer. My understanding is that our landlord has acted negligent in an extreme way by ignoring the previous beak-ins and that he is responsible for my damages because of his negligence. I think that his homeowner’s insurance has to pay for my damages. His gross negligence and ignorance enables criminals to enter the premises, to commit crimes because of the lack of security and he is not doing anything about it. The parking lots are pitch dark at night which presents not only a danger to tenant’s property, but to human lives as well.

We have paid our security deposit of $ 299 and first months rent which is $ 795 at the beginning of March but we have never even signed a lease.

I have sent a letter to our landlord with a demand to pay $ 999.50 which is equal to my damages/loss. The last sentence is as follows:

"I am enclosing the copy of my receipt for the rear window and I am looking forward to receive a payment in the amount of $ 999.50 from you within the next 10 days. I am working for an attorney and if I don’t receive my money within that set time frame, we will take further action."

Despite all of this, we have paid our April rent already.

What is your opinion about my rights as a tenant, our landlord's gross negligence and the total lack of security on the premises? What would you do if you were in my shoes? Any input is greatly appreciated

 

[Jabby4evr777]

Florida law says that:

83.51 - The landlord's obligation to maintain premises:

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

3. The clean and safe condition of common areas.

I think that paragraph pretty clearly states that the LL has to make "reasonable provisions" for "safe conditions" on the parking lot which he HAS NOT. He was advised that there were break-ins into cars and he has done NOTHING.

 

[HomeGuru]

We are living in Jacksonville, Florida


"I am enclosing the copy of my receipt for the rear window and I am looking forward to receive a payment in the amount of $ 999.50 from you within the next 10 days. I am working for an attorney and if I don’t receive my money within that set time frame, we will take further action."

**A: if you are working for an attorney why ask us these questions?
Did you file a claim with your own insurance carrier?
Why hasn't the attorney told you that you have no case?

 

[south]

Looks like you are reading the clause you provided for what you would like it to mean other than what it really means.

Are the premises clean?
Are there regular muggings on the premises?
How does stealing your woofers constitute unsafe?
What do you want the landlord to do sit next to your car all night in a rocking chair with a shotgun?

The landlord has not broken any code, I presume you have car insurance?

Florida law says that:

83.51 - The landlord's obligation to maintain premises:

(2)(a) Unless otherwise agreed in writing, in addition to the requirements of subsection (1), the landlord of a dwelling unit other than a single-family home or duplex shall, at all times during the tenancy, make reasonable provisions for:

3. The clean and safe condition of common areas.

I think that paragraph pretty clearly states that the LL has to make "reasonable provisions" for "safe conditions" on the parking lot which he HAS NOT. He was advised that there were break-ins into cars and he has done NOTHING.

 

[HomeGuru]

Looks like you are reading the clause you provided for what you would like it to mean other than what it really means.

Are the premises clean?

**A: yes, after the break-ins, the burglars always sweep up the broken glass and tidy up the vehicle interiors.
*******
Are there regular muggings on the premises?


**A: no just irregular ones by regular muggers.
*****
*********
How does stealing your woofers constitute unsafe?

**A: cuz once my wooofers are gone, no dogs to go woof woof.
*********

What do you want the landlord to do sit next to your car all night in a rocking chair with a shotgun?

**A: no, sit on a bar stool with an AK-47.
*********
The landlord has not broken any code, I presume you have car insurance?

**A: yes, but only liability coverage.

 

[south]

Thanks for answering OP's questions for him, they seem about right.

Looks like you are reading the clause you provided for what you would like it to mean other than what it really means.

Are the premises clean?

**A: yes, after the break-ins, the burglars always sweep up the broken glass and tidy up the vehicle interiors.
*******
Are there regular muggings on the premises?


**A: no just irregular ones by regular muggers.
*****
*********
How does stealing your woofers constitute unsafe?

**A: cuz once my wooofers are gone, no dogs to go woof woof.
*********

What do you want the landlord to do sit next to your car all night in a rocking chair with a shotgun?

**A: no, sit on a bar stool with an AK-47.
*********
The landlord has not broken any code, I presume you have car insurance?

**A: yes, but only liability coverage.

 

[HomeGuru]

No problem........

 

[Jabby4evr777]

Looks like you are reading the clause you provided for what you would like it to mean other than what it really means.

Are the premises clean?
Are there regular muggings on the premises?
How does stealing your woofers constitute unsafe?
What do you want the landlord to do sit next to your car all night in a rocking chair with a shotgun?

The landlord has not broken any code, I presume you have car insurance?

No, the premises are NOT clean, we just had two break-ins into apartments two nights ago, about 15 lights in front of the buildings DO NOT work and we, the tenants, have informed the landlord of this lack of security. Those light fixtures belong to the LL and in my point of view that makes HIM responsible, there's 1 city light which is out too. The LL has done NOTHING. Break-ins tenant's fault? I don't think so. The only thing I want is SAFETY AND SECURITY on the premises by putting a few couple $$ lightbulbs in the light fixtures. Am I expecting too much or what? I knew landlords are greedy but I think that this greed is going a little bit too far.

Oh, and by the way, I'm female. Which doesn't make me less determined to sue this landlord.

 

[south]

Not clean huh, so what you are saying the building is occupied by trash throwing dirty tenants that discard trash and do not bother picking up after them selves.. Hmm sounds like an inside job.

No, the premises are NOT clean, we just had two break-ins into apartments two nights ago, about 15 lights in front of the buildings DO NOT work and we, the tenants, have informed the landlord of this lack of security. He has done NOTHING. Break-ins tenant's fault? I don't think so.

 

[Jabby4evr777]

It doesn't really matter WHO broke into my car (and the two apartments), what matters is THAT criminals were ENABLED by our landlord's gross negligence (lack of security and light) to commit those crimes. Do you get my point now?

 

[south]

So crimes are only committed in the dark?

And you want paid security walking around your old Jimmy GMC at night?

I presume you think the burglars have a case against the landlord also if they are caught on the grounds that the landlord entrapped them by not having a guard next to your car and a dirty parking area.

It doesn't really matter WHO broke into my car (and the two apartments), what matters is THAT criminals were ENABLED by our landlord's gross negligence (lack of security and light) to commit those crimes. Do you get my point now?

 

[Jabby4evr777]

So crimes are only committed in the dark?

And you want paid security walking around your old Jimmy GMC at night?

I think you need a reality check

I NEVER said that I want paid security, all I said is that I want a few stupid LIGHTBULBS in the light fixtures to make the premises SAFER than they are now. Do you have problems understanding english?

 

[south]

You clearly stated: (lack of security and light)

Buy a frigging light bulb and spend 2.3 seconds screwing it in.

P.S

Have you ever thought that burglars are knocking the bulbs out?

And do you think some light bulbs are really going to stop a car thief or other breaking into your car?

Shi# happens get over it.

I NEVER said that I want paid security, all I said is that I want a few stupid LIGHTBULBS in the light fixtures to make the premises SAFER than they are now. Do you have problems understanding english?

 

[nanaII]

If your car is parked outside, other than sitting watch, there is not enough security that can be provided that will stop a break-in. I know, and will give you an example.

Three years ago, my son had a vehicle he wasn't driving, but asked if he could keep it at my home. He parked it in front of my garage door, which is impossible to see from the street. It was tarped and he had one of the loudest security systems I've ever heard on it, and the alarm was on. My ex-boyfriend was asleep on the couch. The windows and the door to my porch that overlooks the garage area was open. Something woke him, and he went out to investigate. God knows how, but someone had untied the tarp, broke a window to the vehicle, and managed to steal a $3k stereo system (that was bolted in) out of that vehicle without us waking up.

Of course, my son was mad, and someone blamed me, but accidents do happen. BTW, I filed a homeowner's insurance claim, and as a result, had my homeowner's insurance cancelled because of it (it was my first claim in 15 years).

Moral to the story? Don't put an expensive stereo system in your vehicle and expect it not to get stolen. And, you should carry full-coverage insurance.