ORANGE COUNTY, Fla. – The owner of The Rialto breached its lease agreements with hundreds of tenants after county officials evacuated the Sand Lake Road apartment building last week over concerns about the structure’s stability, according to a lawsuit obtained by News 6.
You can read the lawsuit at the end of the story.
The complaint, filed late Wednesday in Orange County Circuit Court by tenant Adriana Swissa, seeks class-action status against Northland Rialto, LLC — identified as the owner — and Northland Investment Corp., which the suit alleges operated and managed the property.
[WATCH: Orange County Rialto residents plead for help in frantic 911 call]
According to the lawsuit, Orange County emergency crews were called to the complex around 5 a.m. March 19, after residents reported loud “popping” sounds and said some apartment doors had become jammed shut, preventing people from leaving. Orange County Fire Rescue, the Orange County Sheriff’s Office and the county’s Building Safety Division responded and evacuated residents, the complaint says.
County officials then ordered the property’s management to hire a licensed engineer or architect to conduct a complete evaluation of the building, the suit alleges. The complaint says photographs showed large cracks along the building’s exterior and interior.
The lawsuit further alleges that a later investigation identified certain repairs performed without permits — including work on a retaining wall near a dog park area and exterior stucco repairs — and that the building sustained enough structural damage that officials denied occupancy.
By March 20, the lawsuit says, about 358 people were displaced and had to relocate while leaving personal belongings behind.
On Wednesday, The Rialto sent a letter to residents, telling them that engineers needed more time to complete their work, and they would be sharing information on lease terminations and helping residents find new places to live.
Swissa’s complaint asks a judge for a declaration that the defendants provided an uninhabitable dwelling in violation of Florida landlord-tenant law, as well as damages for moving and relocation costs and loss of use and enjoyment. The lawsuit also alleges breach of contract by Northland Rialto and negligence by Northland Investment.
[WATCH: Orange County finds unpermitted work at Rialto apartments amid structural concerns]
The complaint claims the defendants attempted to “pacify” residents by providing $1,000 checks per apartment.
Multiple $1,000 checks have bounced, according to the lawsuit, resulting in residents being unable to cash the checks.
The lawsuit seeks damages exceeding $50,000 and requests attorney’s fees and costs.
Swissa notes that her complaint is being filed “in the aftermath of the Surfside tragedy”, a reference to the 2021 collapse of the Champlain Towers South condominium in a Miami suburb that caused the deaths of 98 people.
A spokesperson for Northland Rialto did not immediately respond to an email from News 6 offering an opportunity to comment on the litigation.
[READ the lawsuit against Northland in The Rialto evacuation case]