Austin woman sues apartment for not fixing broken lock that she says led to assault
An Austin woman is suing the management of her former apartment complex for more than $1 million, claiming employees did not fix issues with a door's lock that resulted in a stranger breaking into her residence and trying to sexually assault her in 2022.
The woman, who was not named in the lawsuit, is suing the property management company of the Menlo at Mueller apartment complex, Clear Property Management, and the real estate company that owned the apartments, Avela Real Estate Partners.
Neither the property management company nor the real estate firm responded to requests for comment.
The lawsuit claims the woman woke up on Dec. 6, 2022, to a stranger in her bed who was sexually assaulting her. That man, Octavio Contreras-Guzman, was later arrested and charged with burglary of a habitation with the intention to commit another felony, a first-degree felony. Police connected him to a string of burglaries and attempted sexual assaults in the region, according to the lawsuit.
In the suit, the woman said Contreras-Guzman was able to enter the apartment by opening the back sliding door, which she and her roommate had previously told their landlord would not lock. They told property management about this and asked to have the door fixed, but nothing was ever done, the lawsuit said.
The woman also asked if they could be given a sliding door security bar, and the landlord told them they'd have to purchase it on their own, which is a violation of state law, the lawsuit said. Texas law states that a landlord is responsible for ensuring a sliding door either has a latch or a security bar.
A copy of Contreras-Guzman's arrest affidavit states that the woman also told police there had been issues with the sliding back door locking.
The lawsuit, filed in Travis County on Wednesday by the Houston-based Blizzard Greenberg law firm, said the woman has "suffered severe mental anguish, emotional distress, and psychological trauma" as a result of the sexual assault.