Fell through rotten wood on the balcony.

[Saafy]

What is the name of your state (only U.S. law)? Florida

My balcony is made of wood, hand made by the owner of the house. It's a manufactured home so the balcony is about 5'9 high off the ground cause the home is set over a "crawl space". Anyway, months ago we spoke to the owner telling him about a few issues in the house. There are electrical issues, plumbing issues and then there was the rotting balcony. We showed him how the wood was starting to give. He did nothing and one day going up the steps (to the balcony which is at the front door, the only entrance to the house) the first bottom step gave out. Luckily I wasn't hurt but I reminded him that the wood was rotting and he just replaced the one step. Well yesterday when I was heading out the door one of the wood planks gave out under my leg and I hurt my leg. I have a giant bruise on my thigh and if it weren't for my husband being there and pulling me back I would have been stabbed by a rusty nail that was sticking out where the wood had broken.

We spoke to the landlords mother because the landlord is out of state and she actually told my husband; "Well if she knew the wood was rotten, why didn't she walk around it?" Now I wasn't even thinking of suing until she said that. All I wanted was for them to let me use January rent to move. We don't have an actual lease, we go month to month but being it so late in the month and so soon after Christmas the only way I can move is if I don't pay January. What would you all do in my shoes? I don't want to go through a lawsuit over something that wasn't deadly or even really worth a trip to the doctor, but I'm afraid they won't let me off January rent to move. Should I pursue a lawsuit? Should I just skip the rent and move? I've never been in this type of situation before.

 

[Antigone*]

What is the name of your state (only U.S. law)? Florida

My balcony is made of wood, hand made by the owner of the house. It's a manufactured home so the balcony is about 5'9 high off the ground cause the home is set over a "crawl space". Anyway, months ago we spoke to the owner telling him about a few issues in the house. There are electrical issues, plumbing issues and then there was the rotting balcony. We showed him how the wood was starting to give. He did nothing and one day going up the steps (to the balcony which is at the front door, the only entrance to the house) the first bottom step gave out. Luckily I wasn't hurt but I reminded him that the wood was rotting and he just replaced the one step. Well yesterday when I was heading out the door one of the wood planks gave out under my leg and I hurt my leg. I have a giant bruise on my thigh and if it weren't for my husband being there and pulling me back I would have been stabbed by a rusty nail that was sticking out where the wood had broken.

We spoke to the landlords mother because the landlord is out of state and she actually told my husband; "Well if she knew the wood was rotten, why didn't she walk around it?" Now I wasn't even thinking of suing until she said that. All I wanted was for them to let me use January rent to move. We don't have an actual lease, we go month to month but being it so late in the month and so soon after Christmas the only way I can move is if I don't pay January. What would you all do in my shoes? I don't want to go through a lawsuit over something that wasn't deadly or even really worth a trip to the doctor, but I'm afraid they won't let me off January rent to move. Should I pursue a lawsuit? Should I just skip the rent and move? I've never been in this type of situation before.

Give your 30-day's notice to move, pay your January rent and then move. You do not have the right to withhold the rent from your landlord.

 

[sandyclaus]

What is the name of your state (only U.S. law)? Florida

My balcony is made of wood, hand made by the owner of the house. It's a manufactured home so the balcony is about 5'9 high off the ground cause the home is set over a "crawl space". Anyway, months ago we spoke to the owner telling him about a few issues in the house. There are electrical issues, plumbing issues and then there was the rotting balcony. We showed him how the wood was starting to give. He did nothing and one day going up the steps (to the balcony which is at the front door, the only entrance to the house) the first bottom step gave out. Luckily I wasn't hurt but I reminded him that the wood was rotting and he just replaced the one step. Well yesterday when I was heading out the door one of the wood planks gave out under my leg and I hurt my leg. I have a giant bruise on my thigh and if it weren't for my husband being there and pulling me back I would have been stabbed by a rusty nail that was sticking out where the wood had broken.

We spoke to the landlords mother because the landlord is out of state and she actually told my husband; "Well if she knew the wood was rotten, why didn't she walk around it?" Now I wasn't even thinking of suing until she said that. All I wanted was for them to let me use January rent to move. We don't have an actual lease, we go month to month but being it so late in the month and so soon after Christmas the only way I can move is if I don't pay January. What would you all do in my shoes? I don't want to go through a lawsuit over something that wasn't deadly or even really worth a trip to the doctor, but I'm afraid they won't let me off January rent to move. Should I pursue a lawsuit? Should I just skip the rent and move? I've never been in this type of situation before.

It's not the LLs fault that you need to use your rent money to move out. And quite honestly, you put up with the rotten wood for some time now, you can't just use that as an excuse not to pay January's rent either.

In FL, you require only a 15-day notice to terminate a tenancy. Give your 15 days' notice, pay rent for the first 15 days of the month, and plan to move out by the 16th. You cannot legally withhold the rent at all under your current circumstances.

 

[Zigner]

And, to be clear, it sounds like you have no real injury to speak of, so even if you have grounds to sue, you have no damages.

 

[Saafy]

Thank you Sandyclaus, that is the information I needed.

 

[csi7]

For your records, take dated pictures of the balcony stairs, and any other physical evidence of the problems mentioned. Keep these in a safe place.

You may never have to use them, however, in this case, it is better to be safe.

 

[swalsh411]

Even if you had been injured the LL could have argued that you knew the wood was rotten and made no effort to mitigate the potential injury. I bet an inexpensive 4x4 or 4x6 of 1/2 inch plywood over the rotten area would have made it safe long enough to be repaired.