ORLANDO, Fla. (WESH) — The family of Miya Marcano is now suing Arden Villas apartments, its parent company, and maintenance man Armando Caballero for negligence.

Marcano lived and worked at Arden Villas.

A summons was filed in Orange County courts Monday night and lists the apartment complex, its parent company, and the estate of deceased maintenance worker and suspect in Marcano’s killing, Armando Caballero.

Investigators believe she was kidnapped and killed by Caballero, who used a master key fob to get into her apartment.

The family said Arden Villas did not do enough to protect Marcano, and they are now suing for negligence.

“The only way that Armando was able to get in to Miya’s apartment was through the unfettered access that he had that was given to him by the Arden Villas,” family attorney Daryl K. Washington said.

The lawsuit said the Arden Villas did not take Marcano’s fears seriously and did not do a deep enough background check on Caballero.

The lawsuit also said a more thorough background check would have uncovered an arrest from years before. Plus, the lawsuit states, had the Arden Villas talked with previous employers, they would have found out about the Seminole County complex where a female resident also raised concerns about him.

As for the universal key fobs, the family’s attorney said apartments need to have much tighter control over those keys.

“It has to be different, you have to have stricter policies and procedures in place especially when somebody’s going to be able to go into somebody’s apartment without their permission,” Washington said.