Can I sue my Apartment complex due to negligence of not closing the gates when it is a gated community?
On Christmas eve, my apartment and 15 other units were broken into and many of my possessions were stolen. I received a phone call Christmas day from one of the employees informing me that my unit had been vandalized. I soon went to the complex and discovered that the gates were not closed but left wide open. Asking them why they were not closed I received an answer from a maintenance man that its because they are broken and too expensive to fix. The gates have been "broken" for months. After the break in the manager of the complex never showed up to talk to police. The other residences were also not notified of the happenings until the 26th of decemeber, and the statement was via FACEBOOK on their group page that stated vandalism around the area of the complex and not actual units being broken into. Today which is Dec. 28th, the complex notified tenants, via FACEBOOK, that the front gates were going to be closed and only accessible to residences with key cards, and the rear gates were to be chained off. If these gates were soooo expensive to fix then they must have made a very speedy, and very expensive repair right after the break ins. Should "we" as residences which would be 16 units multiplied by 3 tenants each.. equaling 48 persons file a claim against the complex? What are our chances of being reimbursed of our stolen items? Remember that the complex is advertised as a GATED community.
Obviously a Gated community means a working gate...not fixing a gate due to costs, means negligence on my part.
- 8 years agoBest Answer
Unless you have some sort of contract that guarantees no break ins and that the gates will be closed at all times, you have no claim. The gates are there to reduce crime, they are not a guarantee.
- JanLv 78 years ago
You would have to prove the gates weren't working at the time of the break ins. Surely if they had been broken for months, you would have noticed it before now.
Your stolen items would be covered under your renters insurance. The complex isn't responsible for that, the thief is.
Even the most guarded complexes cannot guarantee that there will not be a break in. Check your lease, I'm sure it is stated in there they are not responsible for your personal items.
- itsamini1Lv 78 years ago
If it is in the lease that it is a gated community then they are in breach of contract and probably even if they just advertise as a gated community I bet you have a case. I wish you lots of luck, would be interested to hear the outcome. I lived in a complex that pulled the same thing on us, they were a nationwide company and real treaded on the edge of the law.
- moyleLv 43 years ago
it extremely is city residences isn't it? it extremely is possibly considered one of those "apartment neighborhoods" the place you do no longer easily very own the outdoors of your place. That way they are in a position to verify you do no longer paint it an unapproved shade or permit the backyard turn brown. those are particularly usual in Florida.
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- RandyLv 78 years ago
It is advertised as a GATED community...not a WORKING GATED community. They still had gates didn't they?