Case Ten Associates V Mccutchen Fla

The violation of statutory provisions by a landlord can qualify as a proximate cause for injuries to tenants in the case the surrounding environment was insecure and there was clear knowledge of intrusions into the given residential area. Ten Associates v. McCutchen Fla. App., 398 So.2d 860 (Fla.App.Ct. 1981). The landlord was legally obligated to positively respond to the plight of the tenants as their lease agreement put him responsible for any required repairs within the common area. The tenants, including Parker, had made numerous attempts to inform him of increased frequency of intrusion due to a broken deadbolt lock that he was mandated, according to the provisions of the statute, to promptly repair. In addition, the tenants were in no

The judges quoted “section 83.51 of the Residential Landlord and Tenant Act demands that reasonable provisions ought to be made for locks and keys in order to ensure a safe common area environment as part of the responsibilities of the landlord under the lease agreement.” Polly Suzanne Paterson v. Kent C. Deeb, Transamerica Insurance Co., W. Fenton Langston, and Hartford Accident and Indemnity Co., 472 So.2d 1210 (Fla.App.1 Dist. 1985). In the Parker claim, Vista failed to provide reasonable provisions for the locks, particularly, an aspect that resulted in a highly insecure common area that would be accessible by strangers using their credit cards to card into the apartment. The assailant who physically assaulted and robbed Parker had gained access into the building owing to the faulty nature of the deadbolt lock. The standard lock was not sufficient as a measure of ensuring the security of the tenants and their properties. The landlord failed to honor his duty to serve his tenants. The landlord is liable for any security breach within the common area section, while the tenant is responsible for his own security inside his apartment. Maybell Holley v. Mt. Zion Terrace Apartment, Inc., 382 So.2d 98 (Fla.App. 3 Dist. 1980). This means that in failing to provide the necessary security response as pertains to the replacement of the broken deadbolt lock, the landlord acted in negligence as the tenant was only liable to taking responsibility for any security breach within his