[MystickPoet]

I live in Broward County and I rent from an apartment complex owned by a corporation. My situation is a little different: I have lived here in this apartment for almost 5 years and I recently broke my ankle outside my front door by slipping on a solicitation flyer for Direct TV service and had to have my ankle held together with a plate, 6 screws, and a pin. While waiting in the hospital for surgery, I got double pneumonia and was there for a week and went home on oxygen.

I have been out of work and my husband had to take time off from his second job to help care for me. My complex does no allow solicitors and there is a sign posted out front. This is clearly their fault for not keeping solicitors off the property.

I am not going to be able to pay rent and even if I file a claim with the apartment complex, I still have to be liable for rent or they will evict me. Is this legal? I can't walk, let alone pack and have no where to go. It will be weeks if not months IF they approve my claim and refund my medical bills. Since this is a corporation, they are giving me the run around.

The main thing is that I don't want to have no where to go while I am injured due to their negligence. Can they really evict me over this? I have tried to make payment arrangements.

[Emland]

I feel very badly for what happened to you, but I honestly cannot see how you will prevail in this case. Have you consulted an attorney?

[MystickPoet]

I haven't yet but I am considering it.

[ScottGem]

Unless you live in a complex that employs security to prevent access to the complex you have NO case against the complex. Then cannot be expected to provide 24 hour security against solicitors. Besides which, someone just passing out flyers may not be considered a solicitor that could be reserved to people going door to door. So it is NOT "clearly their fault". In addition, you are required to exercise some due diligence in watching where you walk. At the most, you might have a claim against the company that distributed the flyers.

As for your rent, your disability does not mean the rent is not due. You have to continue to maintain it or they will have grounds to evict you. Your being a tenant at the complex for 5 yrs should give you some consideration, but not a lot.

[MystickPoet]

I know the rent is due, but I just don't want to get evicted for something like this. I've never been late until now.

I don't even want to file a claim against the complex. I am not looking for money. I just want a place to live.

It is their fault because they may not have security but they do have the responsibility to keep solicitors off the property, which they have a bad track record of doing so. I am always calling to have them removed from the property and they finally go out and chase them away. It is also maintanance responsibility to clean up trash and this flyer was laying on the ground, thrown on my walkway instead of hanging on a door like the flyer was meant to be. Also, I work an overnight job at a security company so it was dark outside. I did have a light on outside my door but I didn't see the flyer until I was already down on the floor in pain.

And as far as the complex rules are, anyone hanging flyers is still a solicitor.

[excon]

Hello M:

You have TWO issues going on here. They're Separate. You cannot make them one issue simply because you want to.

The first, and most pressing issue, is rent. If you don't pay, you will be evicted. That's just so. PERIOD.

The second is your injury case. I don't know if you'll prevail. I don't think you have much of a case. However, you can't take the word of a felon off the internet. You NEED to hire a lawyer. You need to do that TODAY! You can probably get one on a contingency basis. That means you won't have to pay unless you win.

After you've done that, the lawyer can JOIN the two issues, by threatening the complex about your eviction. YOU can't threaten them. They'll laugh at you. Look. They might laugh at your lawyer too. Who knows? But, in my view, you have no choice.

excon

[ScottGem]

Sorry but no. If, when you moved in they provided gate access to the community to screen entrants, then you would have a case. But without that, they have no responsibility to keep out unauthorized people. Posting signs does not make them responsible. Yes they are required to clean up trash, but it is unreasonable to expect them to pick up trash as soon as it it's the ground. In fact it may not have been the solicitor's fault it was on the ground. It could have been a neighbor who discarded it improperly. Unless you can prove the flyer was laying there for a long period, no negligence exists that I see. That it was night places a greater responsibility for you to watch where you walk. The only negligence for them would be if a light was out or they didn't provide adequate lighting.

I'm sorry, but you have no case against the complex that I see. I don't see any negligence or fault on their part. I think you have an unreasonable expectation of the complex's responsibility. You say they have a bad track record of keeping solicitors away. But without gate security or a regular patrol, what do you expect them to do?

Again, if you have been a good tenant, they should cut you some slack. Even if they don't they would have to take you to court to evict and I'm not sure they could win. But it would still give you time to get back on your feet (sorry about the pun).

If you try suing them over this, they could retaliate though. I agree with excon, consult an attorney thought I expect he will also tell you there is no case.

[MystickPoet]

I have a lawyer I can call. I'll just do that. Thanks everyone!