ORLANDO, Fla. — The family of Miya Marcano, the 19-year-old woman who was kidnapped and believed killed at the Arden Villas apartments, has filed a lawsuit against the complex, alleging that it should have provided a “reasonably safe” environment for its residents and guests.

Marcano lived and worked at the Orlando apartment complex and on Friday, Sept. 24, Orange County Sheriff's Office authorities said 27-year-old Armando Manuel Caballero, who worked at Arden Villas, used a maintenance key to break into her apartment.

It was the last time anyone saw Marcano alive and authorities said that Caballero had made romantic advances towards her in the past, despite her lack of interest in the man.

On Monday, Oct. 18, the Marcano Family filed a lawsuit against Arden Villas apartments, stating that the complex did not provide reasonable safety to its residents and guests.

“At all material times, through its agents and/or employees, Arden Villas owed a nondelegable duty to its residents and invitees, to exercise reasonable and ordinary care to maintain the Arden Villas, in a condition reasonably safe for use by its residents and invitees,” the lawsuit stated.

The lawsuit also names D.P. Preiss Company and Caballero’s estate, in addition to Arden Villas apartments, as defendants.

The lawsuit also stated that the apartment complex did not take precautions from “foreseeable criminal attacks, especially by employees”.

The lawsuit also charged that Arden Villas, “… had a non-delegable duty to ensure that all persons that sought to work for Defendant and/or at Arden Villas, were properly vetted, and that only appropriate persons were hired.”

Caballero had a criminal background.

It was also charged against the Arden Villas that the apartment complex allowed employees and vendors to have access to maintenance keys, also known as fobs, and failed to warn residents that employees would have “unfettered access” to their apartments.

The lawsuit stated that the apartment’s alleged negligence led to Marcano’s death.

While no money amount was mentioned in the lawsuit — except where it stated that “for damages in excess of $30,000” — the apartment complex is liable for all damages it has allegedly caused under the Florida Wrongful Death Statute, the lawsuit charged.

Read the lawsuit

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