Legal Question in Landlord & Tenant Law in Florida

landlord law

We signed a lease 2 months ahead of time for a new duplex. The landlord took the security deposit and assured us that this new duplex would be finished. Because this duplex was a new construction and the builder of the house told the landlord that the duplex would be done by June, which was the same time that our old lease would be up. So when the date came along to move out of the old apartment and in to the new duplex the duplex had not passed all inspections and wasnt declared liveable. So the landlord ended up telling us that we could lock our belongings in the garage of the house. So while we waited for the house to pass inspection days went by. A couple days passed and we went to check on our stuff when we got there we found out that somebody broke into the house and stole some of more valuable belongings. So we ended up moving somewhere else and all the landlord gave us was our deposit back. So is the landlord responsible for our stolen items and the money we had to spend on living hotels and rental propertys?


Asked on 4/05/07, 7:51 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: landlord law

The landlord's actions likely constitute a bailment, although from the facts it is difficult to determine liability. I am also unclear if this happened in FL or MO.

If you have homeowners insurance, even though the belongings were in another dwelling at the time, your belongings are likely covered. If not, then you should certainly pursue the landlord for the loss, but you need a competent attorney who has handled bailment cases before.

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Answered on 4/06/07, 9:23 am


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