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   Confidentiality Notice: This email transmission and any attachments are confidential and may be legally privileged.  If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, or use of the information contained herein is STRICTLY PROHIBITED.  --- On Wed, 3/3/10, Alberto Cardet <acardet@justice.com> wrote: From: Alberto Cardet <acardet@justice.com> Subject: Re: [RPPTL LandTen] Residential lease question To: mlawyer@bals.org, "RPPTL Landlord Tenant Committee" <landten@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@bals.org wrote: From: "Martin Lawyer" <mlawyer@bals.org> To: "'RPPTL Landlord Tenant Committee'" <landten@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@lists.flabarrpptl.org [mailto:landten-bounces@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@hwhlaw.com CONFIDENTIALITY NOTE: The information contained in this transmission may be privileged and confidential information, and is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this transmission in error, please immediately reply to the sender that you have received this communication in error and then delete it. Thank you. CIRCULAR 230 NOTICE: To comply with U.S. Treasury Department and IRS regulations, we are required to advise you that, unless expressly stated otherwise, any U.S. federal tax advice contained in this transmittal, is not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding penalties under the U.S. Internal Revenue Code, or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this e-mail or attachment. _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten   Find a local lawyer and free legal information at FindLaw.com. -----Inline Attachment Follows----- _______________________________________________ landten mailing list landten@lists.flabarrpptl.org http://mailman.fsr.com/mailman/listinfo/landten