Can an Apartment Complex Be Liable for a Crime in Florida?

A tenant or guest is robbed, assaulted, shot, or otherwise injured at an apartment complex.

The person who committed the crime may be responsible for the attack. But can the apartment complex also be held responsible?

Sometimes.

Florida law does not make apartment owners responsible for every crime that happens on their property. A negligent security claim generally requires a closer look at what the owner, landlord, operator, or manager knew before the attack, what security responsibility they had, and whether an unreasonable failure contributed to the injury.

Florida also has a specific statute that can give qualifying multifamily property owners a presumption against liability when certain security measures are substantially implemented.

What Is Negligent Security at an Apartment Complex?

Negligent security is a type of premises liability claim involving injuries caused by someone else’s criminal conduct.

The attacker remains responsible for committing the crime. A negligent security claim asks a separate question:

Did someone responsible for the property fail to take reasonable precautions against a criminal danger that should reasonably have been anticipated?

Depending on the facts, the responsible party could be an apartment owner, landlord, operator, property manager, or another entity that controlled the relevant security issue.

Florida courts have tied negligent-security duties closely to both foreseeability and control over the premises.

For a broader explanation of these claims, see Cohen Injury Law’s South Florida Negligent Security Lawyer page.

When Can an Apartment Complex Be Liable for a Crime?

Every case depends on its facts, but several issues commonly determine whether an apartment negligent-security claim can move forward.

Who Controlled the Relevant Property or Security?

The first question is who actually controlled the part of the property or security system connected to the incident.

That could involve:

• The apartment owner
• A landlord
• A principal operator
• A property management company
• Another party with a separate security responsibility

The practical questions may include:

Who maintained the entrance gate?
Who repaired exterior locks?
Who received tenant security complaints?
Who operated the cameras?
Who hired or supervised security personnel?

A company is not automatically responsible simply because it is connected to the property. Its actual control and legal responsibilities matter.

Was the Criminal Danger Reasonably Foreseeable?

Florida law generally does not require a property owner to protect against a sudden criminal act it had no reasonable basis to anticipate.

Foreseeability asks whether information existing before the attack gave the responsible party a meaningful reason to anticipate criminal harm.

That can involve prior crimes, complaints, police activity, repeated trespassing, known dangerous individuals, or recurring security problems.

Was the Security Response Unreasonable?

The question is not simply whether the complex could have done more.

Almost any property could theoretically add another camera, another light, or another guard.

The stronger question is whether the security measures actually used were reasonable considering the danger that was known or reasonably foreseeable.

Did the Security Failure Contribute to the Crime?

There must also be a connection between the alleged security problem and the injury.

For example, a broken entrance gate may be significant if evidence shows the attacker entered through that gate after management had repeatedly been told it was not working.

The same broken gate may have little connection to a crime committed by someone who already had authorized access to the property.

What Can Make a Crime Foreseeable at an Apartment Complex?

Foreseeability is often one of the most disputed issues in a Florida negligent-security case.

Prior Criminal Activity

Past crime can be important.

That does not necessarily mean there must have been a previous crime identical to the one that later occurred.

In Dama Holding v. Guelmes, Florida’s Third District explained that a landlord’s knowledge of prior crimes against both people and property can be relevant to foreseeability, even where some earlier offenses were less serious than the later attack.

Depending on the facts, relevant incidents may include:

• Shootings
• Assaults
• Robberies
• Burglaries
• Break-ins
• Repeated trespassing
• Other criminal activity

But prior crime is not considered in a vacuum.

Its type, location, frequency, timing, and the landlord’s knowledge can all matter.

Tenant Complaints and Previous Warnings

What residents reported before the incident can also be important.

Examples might include complaints about:

• Unauthorized people entering the property
• Repeatedly broken gates
• Exterior doors that did not lock
• Threatening behavior
• Violent residents or visitors
• Recurring security problems

Those records can help establish what management knew and when it knew it.

Crime Around the Property

Crime in the surrounding area may also be relevant in some cases.

However, simply describing an apartment complex as being in a “high-crime area” does not automatically establish foreseeability or liability.

Florida courts look at the complete factual picture rather than treating neighborhood crime alone as enough.

What Apartment Security Problems Can Matter?

If criminal danger was reasonably foreseeable, the next question is whether the apartment’s security response was reasonable.

Potential issues may include:

• Entrance gates that remain broken
• Exterior doors or locks that do not function
• Recurring lighting failures
• Poorly controlled access points
• Security equipment that is not maintained
• Ignored tenant security complaints
• Failure to follow established security procedures
• Security personnel failing to perform assigned responsibilities

But none of these automatically proves negligent security.

A missing camera does not establish liability by itself. Neither does the absence of a guard or the existence of a broken gate.

The condition becomes more legally meaningful when it connects both to a foreseeable risk and to how the particular crime occurred.

How Does Florida’s Multifamily Security Law Affect Apartment Claims?

Florida has a specific statute dealing with security at qualifying multifamily residential properties.

Florida Statute §768.0706 defines a multifamily residential property as a residential building or group of buildings—such as apartments, townhouses, or condominiums—with at least five dwelling units on a particular parcel.

A qualifying owner or principal operator that substantially implements the statute’s specified security measures can receive a presumption against liability for criminal acts occurring on the premises when those acts are committed by third parties who are not employees or agents of the owner or operator.

The listed measures address areas such as:

• Entry and exit cameras
• Parking-area lighting
• Common-area and walkway lighting
• Door and window locks
• Certain access controls
• Crime-prevention assessments
• Employee crime-deterrence and safety training

The statute also requires entry and exit camera footage used to satisfy the statutory measure to be retrievable for at least 30 days.

The Presumption Is Not Automatic

Simply being an apartment complex does not give an owner this protection.

The owner or principal operator bears the burden of proving that it substantially implemented the statutory security measures.

Failing to Qualify Does Not Automatically Prove Negligence

The opposite is also important.

Section 768.0706 expressly states that it does not create a private cause of action. Failing to obtain the statutory presumption does not automatically mean the apartment complex was negligent.

The underlying negligent-security claim still has to be proven based on the applicable facts and law.

What Evidence Can Help Prove an Apartment Negligent Security Claim?

Different records can help answer different questions.

Police reports and 911 records may reveal prior criminal incidents associated with the property or surrounding area.

Tenant complaints and incident reports may show that management previously received warnings about trespassing, violence, threats, gates, locks, or other security issues.

Surveillance footage may help show how someone entered the property, where people moved, whether security personnel were present, or what occurred around the time of the attack.

Gate, key-fob, and access records may help establish who entered controlled areas and when.

Maintenance and repair records can show whether management had prior notice that a gate, exterior door, lock, light, or another security feature was not functioning.

Security logs and policies may show what precautions were supposed to be in place and whether they were followed.

When §768.0706 is relevant, records involving cameras, lighting, crime-prevention assessments, and employee security training may also become important because the owner must prove substantial implementation to obtain the statutory presumption.

No single record necessarily proves negligent security.

The strength of the claim often depends on how the evidence connects foreseeability, knowledge, security failure, and causation.

What If the Person Who Committed the Crime Was Never Caught?

An unidentified or uncaught attacker does not automatically eliminate a potential negligent-security claim against another responsible party.

The property-based claim asks different questions from the criminal investigation.

For example:

Was the risk foreseeable?
Did management know about prior security problems?
Were reasonable precautions missing?
Did the alleged security failure contribute to the attack?

Surveillance, witnesses, police records, access logs, maintenance history, and other property evidence can still matter even when the criminal actor has not been identified or convicted.

Cohen Injury Law’s negligent-security page similarly explains that these claims can involve shootings, assaults, sexual assaults, and home invasions at apartment and rental properties and that evidence such as police reports, 911 calls, security logs, witnesses, and surveillance can be important.

How Can Cohen Injury Law Help After a Crime at a Florida Apartment Complex?

At Cohen Injury Law, we investigate negligent-security claims involving apartment complexes by reviewing prior crime reports, 911 calls, tenant complaints, surveillance, access records, maintenance history, security procedures, and witness information.

Our founding attorney, Zach Cohen, began his career representing insurance companies in personal injury cases, giving us insight into how insurers evaluate and defend claims.

We represent injured clients across South Florida from our Fort Lauderdale office and offer free consultations. Call 954-246-3999 to discuss your legal options.

Frequently Asked Questions

Is an Apartment Complex Automatically Liable If Someone Is Attacked There?

No. Liability generally depends on issues such as who controlled the relevant security, whether the criminal danger was reasonably foreseeable, whether reasonable precautions were lacking, and whether that failure contributed to the injury.

Do There Have to Be Prior Crimes at the Apartment Complex?

Not necessarily an identical prior crime. Other relevant criminal activity may support foreseeability depending on its nature, location, timing, frequency, and what the apartment owner or operator knew before the incident.

Does a Broken Gate or Security Camera Prove Negligent Security?

No. A broken gate, missing camera, or other security problem does not automatically prove liability. The condition must be evaluated in light of the foreseeable danger and its connection to how the crime occurred.

What Is Florida Statute §768.0706?

It is Florida’s multifamily-property security statute. A qualifying owner or principal operator can receive a presumption against liability for certain third-party crimes by proving substantial implementation of specified security measures.

Final Thoughts

A crime occurring at a Florida apartment complex does not automatically mean the apartment owner or manager was negligent.

The stronger questions are whether the responsible party controlled the relevant security, whether the danger was reasonably foreseeable, whether reasonable precautions were lacking, and whether that failure contributed to the crime.

Florida’s multifamily security statute can also add another layer to the analysis by giving qualifying owners or operators a presumption against liability when they prove substantial implementation of specified security measures.

Because these cases depend heavily on what was known and what security systems were actually in place before the attack, prior crime records, tenant complaints, access information, repair history, surveillance, and security documentation can become especially important.