70 yr old vet & 64 yrs wife, moved into a rental apt on Miami Beach; waited 3 1/2 months; at lease signing, prop.mgr. raised rent. Due to our age & disabilities, rented first floor. Undisclosed, tenant directly above us was evicted; nightly noise for 3 mos. 90 days after arriving, ceiling flooded, collapsed & fell on us while on our sofa watching TV; huge chunk of wet, concrete drywall hit my head & legs; could not walk nearly 6 months, excruciating headaches. Jen had shoulder X-rays, has terrible pain, restricted movement. Ceiling repairs failed, repeated; prop. mgr ignored us; we did all disaster clean-up each time. Later, Jen diagnosed with Atypical Bacterial Pneumonia; from photos, Dr. said cause was repeated exposure to toxic material from ceiling, & huge mold grown in AC, improperly installed. Mgr cheated us on compensation for unused areas of apt. for 2 mos.
Mgr ignores more severe neighbor problem; smell fumes, abnormal behavior, noise, every night. After 3 hours sleep, I fell, broke my arm 2 places while purchasing a money order to pay rent. We don't want to die here, too sick, injured, old to move now; unable to see grandchildren since here (1 year).
You may very well have a case against your landlord. Use the attorney search function here on Avvo to seek a consult with a personal injury lawyer in your area...
You have a lot of issues. The damage from the falling ceiling and conditions of the apartment warrant calling a local personal injury attorney. Breaking your arm while getting a money order has no relation to the landlord. Maybe you have a claim if there was something that caused you to fall at the check casher. Start by contacting a personal injury attorney.
Contact Legal Serivices of Miami & Dade County. If they can't help, ask if there is an attorney from their landlord tenant unit who is now in private practice. good luck!
I would not recommend staying there if you intend to pursue a claim. Under Florida law, you have a duty to mitigate your damages. If you or your wife are claiming problems caused by mold in apartment, you want to remove yourself from the source of those problems and move. The cost of having to move could be claimed as an additional damage to the claim. Your falling when going to obtain a money order for rent, however, is not a valid claim against your landlord or property manager. Good luck.
Please be advised, this information is being provided on an informational basis only. No attorney/client relationship has been created as a result of any information provided by Lauren Calta, Esquire. Legal matters are of significant importance and the selection of an attorney is an important decision. In addition to the information provided in this response, it is always strongly suggested that you seek the advice of an attorney.
You can sue for your personal injuries that appear to have been caused by the landlord's negligence and can chose to remain in the apartment.. Contact local personal injury counsel for representation.
You should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statements to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. You can access my Legal Guides through my profile page on Avvo.
Legal Disclaimer: If this information has been helpful, please indicate below. Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
From how you have described it, you may have a cause of action here. You should seek medical attention first and then seek counsel to protect your rights.
Please be advised that nothing in this posting is meant to supplement the advice of an attorney and The Law Office of Robert J. Lee, P.A. and/or Robert J. Lee has not undertaken any professional responsibility with regard to your case unless otherwise agreed. RJL is licensed to practice law in FL and MA, but no other jurisdictions. Nothing stated herein should be implied as legal advice.
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