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If I complained several times to my landlord about security at my apartment and was ignored, then after numerous attempts to contact her boss and finally getting a sit down with her and I recorded it with her saying they would fix the problem, only for me to get violently attacked 7 months later by the same individuals allowed to live there, then get kicked out for defending myself, never charged, what are my options? They let it escalate and I was attacked, then they retaliated and kicked me and my family out. I have tons of emails, sheriff's calls, pictures, etc.
Mar 1, 2024
Real Estate
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Bill HenryFounding Partner | 19 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 19 years of experience

Based on the information provided and the circumstances you've described, it appears you may have grounds to pursue a negligent security claim against your landlord. Given the repeated complaints about security issues that were ignored and the eventual violent attack you suffered, the situation may fall under the legal precedent set by cases like Molosz v. Hohertz. In such cases, a landlord can be held liable if they failed to take reasonable steps to protect tenants from foreseeable harm, especially when there's a known risk and the landlord has the ability to control or mitigate that risk.

The fact that you have documented evidence of your attempts to address the security concerns (emails, sheriff's calls, pictures, etc.), as well as a recorded admission from the landlord's representative acknowledging the problem, strengthens your position. These pieces of evidence are crucial in demonstrating the landlord's awareness of the security issues and their initial commitment to resolving them, which was not followed through.

Considering the attack occurred 7 months after the acknowledgment of the issue, with no evident improvement in security measures, and was followed by what appears to be retaliatory eviction, your case could potentially argue negligence on the part of the landlord for failing to secure the property and protect its tenants. The damages you and your family suffered, including physical injuries, emotional distress, and the loss of your home, could be compensable under the law. I would recommend speaking with an attorney to discuss your case as soon as possible. To learn more about your problem review our article "Injured at an Apartment Complex? Here are Your Options." If you would like to speak to our apartment negligence attorneys, please contact us at (303) 688-0944. Please let the staff know that you would like our injury attorney to review your case.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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