Injured on property where I rent, my rent is now behind and my lease is expired.

veela9 · #1 Feb 15, 2009, 01:24 PM

This is a slightly complicated situation. I live in the state of MO. about 5 months ago I was injured on the property due to the negligence of my landlord and the conditions of the building I live in. The landlord dug a hole in the front yard deeper than I am tall and the steps in the back have no rail and are falling apart. During a particularly bad storm I had to leave my house and to avoid breaking my neck in the hole (which he left for months until my neighbor and the guy across the street filled it in, months after I was injured) I braved the back steps slipped down them, had nothing to catch myself on and then cut a large chunk of skin off of the top of my foot on the busted up concrete at the bottom of the stairs. I do not have insurance but I tried to resolve the situation without involving my landlord. It became clear after a few weeks that this was no an option. I then tried to contact my landlord but he never responded. I have tried to contact him by phone and through post but received nothing in return. Finally 4 months later the landlords wife calls me and says that there is a problem with the rent (it hasn't been payed since this happened)and they need to know what is going on and if I still live there. Of course they know what's going on because I have told them repeatedly. I call back right away and never receive a response. They come in my house when I am not home and leave a copy of my lease and a later saying I have 5 days to pay them $1,800. I still have not been treated for my injuries because I can't find a doctor to help me and at this point my foot is black and I am terrified that I am going to lose it. On top of all of this a week after I get the letter from my landlord his daughter comes in my house drunk at 1am and assaults me. I have pressed charges but I have had no word on what is happening. Now, my original lease is the only document I have ever signed with them. When I moved in here I moved in with my then boyfriend and both of our names are on the lease. He moved out a year and a half ago and the original lease has been expired for just over a year. I informed my landlord when my ex moved out and he agreed to let me live here by myself. The lease states that I will not hold him responsible for any injuries or damages property however, half of my possessions are destroyed because the foundation is falling apart and mud leaks through the cracks of it every time it rains. My questions are, first of all, will this lease hold up in court? Can I hold him responsible because of the conditions of the building which he still has not fixed,if the lease does hold up? Over all what are my options and what problems might I be facing in court because I have not paid the rent?

twinkiedooter · Feb 15, 2009, 01:35 PM

You will either have to pay the rent or be evicted. You fell down and injured yourself and did not immediately report this to landlord. You have done practically everything wrong in this situation that you could have done. Unfortunately, it's going to be hard to rectify things. And yes, the lease that you signed will hold up in court.

Ren6 · Feb 15, 2009, 01:36 PM

I can't help but feel that you're leaving out a few details. You should never stop paying rent because of a disagreement with your land lord. You should have continued to pay or put the rent you were holding back in escrow. I have to assume that money is long gone and you can't magic it up out of nowhere to keep from getting evicted, is that correct? I'm afraid that if you signed a lease agreeing to not hold your land lord accountable for any injuries or damages to your stuff, you might be held to that agreement. Is there any organization in your community that might be able to assist you with legal help, or a tenant/land lord resource center in your area? I hope you can figure something out, but right now it looks like you might be on your way out. I hope you can find a resource center to help...

veela9 · Feb 15, 2009, 05:59 PM

I would like to straighten a few things out here. I did contact my landlord immediately but I did not ask him to file a claim with his insurance for a few because I was told initially that my foot/ankle was just sprained and should be fine in a few weeks. When it didn't get better I sent my landlord a letter asking him to contact his insurance. He never responded. I didn't stop paying my rent because I was hurt or because he wouldn't call me back. I stopped paying my rent because I can't work or walk for that matter and I am and have been in agonizing pain since this happened. My foot is black, it looks like it is dying and I am terrified that I am going to lose it. I am sure that I am going to get evicted, I don't expect not to. I am hoping that the court will give me a little time based on the circumstances. My landlord is the definition of a slumlord and the building I am living in is literally falling apart. I am planning on suing him but I am having trouble finding a lawyer because I don't know what is wrong with my foot/ankle. I am injured directly because of his negligence and he is and has been fully aware of the problems with the building.He also told me when before I moved in that he was going to fix the stairs and put up a rail. My neighbor had sewage in his basement for a week because the landlord wouldn't fix the sewer (which is why he dug the hole) and my neighbor still had to clean the sewage up without the landlords help. So to be more specific I would like to know if any of this will matter when suing him? He is apparently trying to take all of my possessions will the circumstances and the fact that the lease is expired and made out for someone that doesn't even live here anymore make a difference? Does it matter that major problems with the building that violate city codes are the reason for my injury and therefore the reason I have not paid rent? Doesn't the building have to be up to code for the lease to be valid? I know that landlords have to keep up with there end of the deal too, it doesn't just fall on the tenant I just don't know how far that goes. I will be getting a lawyer as soon as I find out what's wrong with my foot and all of the lawyers I have talked to said they will represent me when I know what's wrong. I am just trying to find a clinic to treat me because I have no money or insurance. It is not an easy task and it has taken a very long time.

veela9 · Feb 15, 2009, 11:13 PM

I wish it were that easy but their are no free clinics where I live. I have been to the emergency room 4 times since this has happened. They don't care and the facilities we do have won't help me because I have no income. I am on waiting lists for the places that will help me but they aren't accepting patients. I am in a bad situation and I am worried about infection but the ER docs don't care. I have written letters to the alderman and mayor because it is ridiculous that I have gone this long without being able to receive help.

Cristiansmomma · Feb 16, 2009, 12:12 AM

Where are you from?

I think it's best to just call small claim court and file something via the phone.Let them know that you can not move around,and would like to settle something before your landlord evicts you.

If your landlord understands your situation,then he shouldn't ignore you. I understand that you do not have a job under the condition you are in,but your landlord should at least come up w some sort of plan to help you stay there.

If he has insurance,then they should pay for whatever damages.He is breaking his own lease of not fixing anything.You can call the health place and file a complaint with the way your landlord allows you guys to live!

Ren6 · Feb 16, 2009, 08:59 AM

Quote:

Originally Posted by ScottGem

I'm sorry, but I can't believe an ER doctor would not treat what you describe. If that is true, then talk to a lawyer, because I see a good sized malpractice suit here (along with your case against the landlord).

As a hospital employee, I second that!



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