Legal Question in Personal Injury in Florida
My husband and I live in North Port. We have been renting our house for nearly 7 years now. The landlord has NEVER done any type of maintenance, upgrades, up keeps, pest control, tree trimming, etc. He always tries to make us feel bad when something needs to be done (new pool pump & leaky pool, for example). The few times we have had to ask for things, he says "Well can't you just do it?" never paying for labor or taking anything off of rent. The trees have grown over onto the roof so much that my husband got on the roof to trim them and clean off the leaves, sticks, and other debris that has accumulated. While up there, the pre-existing debris was very slippery and caused him to slip and fall off of the 10 foot roof. We went to ER and the scans that were completed showed no broken bones, although the wrist scan is not yet back, and he knows that his wrist was rolled upon landing and is very swollen. He is covered in scrapes, bruises, and very sore/stiff muscles in his back and neck. The Dr. told us this will only get worse. Our landlord has been made aware of the problems around here (trees, leaky garbage disposal, etc), but has not fixed them. My husband does not have insurance, and I am a teacher, so we are very worried about the financial part of this, along with my husband's pain.
3 Answers from Attorneys
If your landlord has homeowner's insurance, the insurance usually has a provision to pay for medical expenses up to a certain amount without proving fault. See a lawyer for help for this and a possible tort claim. see www.FL-PI-Lawyer.com
Your obligations with regard to the property should be spelled out in your lease. If you have no written lease than each obligation is up to negotiation. As for the roof and damages for the fall, if the landlord was negligent and it caused the damage you may have a claim against. You likely will be losing your rental if you have no written contract, so think about it before you do it. Discuss all alternatives with an attorney. Mr. Marino is accurate but sometimes the renter is not covered by such a policy.
There are several issues you raise which you should discuss with an attorney in a confidential consultation. In that consult, discuss your options so you make an informed decision.
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