Question Details:I fell at my apartment complex in an irrigation hole that had no lid on it and was covered by leaves. It was dark and you could not see it. My right leg fell in up to my knee, my knee is scraped and bruised and I tore and twisted they tendons and ligaments in my ankle. I go back to my doctor tomorrow to get a referral to a orthopedic surgeon for surgery. I can not work right now or pay my rent do to this injury. Can they evict me for not paying rent even though I can't pay because I got hurt because of their maintenance neglect?
The landlord has a duty to keep his property in a reasonably safe condition and make sure that there are no hidden defects or dangers. You need to hire a lawyer as you have a good negligence case against the landlord. negligence is generally defined as a breach of a duty of case owed to you that proximately results in an injury. As stated above, the landlord owed you as the tenant at his property a duty of care to maintain his property in a reasonably safe condition. The fact that the landlord permitted holes to be on his property without adequate warning signs may exposure him to liability for your injuries. However, despite you injuries, you are required to pay rent. If you cannot pay the rent, the landlord may evict you. I suggest placing the landlord on notice of the incident and let him know that you are now out of work and that you would like to resolve this. If the landlord will not give you a break, then you will likely be evicted; however, you will still be able to maintain a claim against the landlord for your injuries.

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