Asked by user in Florida. Answered by Enjuris Editors.
Hello Keith,
I can understand why you are uncomfortable with maintenance staff leaving your door open! Yes, your landlord has a responsibility to maintain a safe living environment for tenants (which would include making sure the door is shut and locked), and the maintenance employees are part of that. However, in order to file a lawsuit, there has to be an actual injury and damages.
In other words, you can only sue the landlord or management company for this IF the maintenance person’s leaving your door open resulted in harm to you (which could be either physical harm or loss of property) and that the harm cost you money. You might be annoyed that the door was left open, but if it didn’t result in loss, a lawsuit isn’t the appropriate measure.
You CAN (and should) put your complaint in writing, however. Address it to the landlord or owner of the property. You want to put them on notice that this has happened and continues to happen, and let them know that you want to be sure that if maintenance needs to enter your apartment in the future, that the apartment is appropriately locked when they leave.
If anything were to happen as a result of the door being unlocked, particularly if you have given written notice, then you could file a lawsuit for your losses.
The best way to proceed with a lawsuit if you choose to do so is to contact a personal injury lawyer for guidance and advice.
Please feel free to use the Enjuris law firm directory to find an attorney near you who can help.