Q: Can I sue an apartment complex. My apartment was broken into and a lot of my things were stolen.

A: Whether you will be successful depends on numerous factors. Sections 92.151-92.170 define a landlord's responsibilities when it comes to security devices for leased premises. Your lease agreement can impose additional responsibilities, but most don't. Your lease may also contain an agreement exculpating your landlord from any responsibility for the criminal acts of other people, and many do.

Ordinarily, landlords aren't required to provide security cameras or security guards. Lack of good lighting in common areas might provide an avenue of recovery if it was a proximate cause of your particular break-in. For example, if a light fixture over the window through which the burglar gains access to your unit was broken and reported to the property manager before the break-in, but the landlord failed to repair it in a reasonable time, there is a possibility that the trier of fact might conclude that such negligence was part of the cause of your particular unit being broken into.

The trier of fact will also be entitled to consider the culpable conduct of the thief and will be required to apportion responsibility among all culpable parties. So, for example, the trier of fact might determine that 30% of the fault rests with the landlord and 70% rests with the burglar. Under that scenario, you would recover 30% of the value of the items stolen from your landlord, and 70% from the burglar, assuming you have identified the burglar.

Most tenants carry renter's insurance which should cover your losses from this theft. Your renter's insurance company would then be subrogated to your right of action against your landlord and against the burglar up to the amount it paid.