I live in Colorado, in March of this past year, my 4 year old son was severly injuried at my apartment complex hot tub. There was broken tile on the steps and as he was getting out the the tub, he tore the meat right of the bottom of his foot by the broken tile that we all had been complaining about. He actually had to have a cast on his foot so that he did not put direct presure on the wound and rip it open again. The complex did not even bother to check on him. We started looking for a safer place to live. Now they are telling us that if we break our lease, they will back up and sue us for the rent special that we moved in under, and the remainder of a 10 month lease. Is there anything that I can do?

Have you consulted with a personal injury attorney about the injury to your son?

Yes we have filed a lawsuit against them on behalf of my son. That is why I am afread that they are going to go after us for the broken lease. A third party told us that the manager told them, that because we were sueing the complex for his injury they would persue us on the broken lease.

And that is well within their rights to sue over a broken lease just as it is within your rights to sue them over your son's foot.

Do you have a receipt from sending them a Certified Letter Return Receipt Requested asking them to fix the broken tile? Or some proof that you requested it to be fixed in writting?

Have your lawyer put in the ability to break the lease as part of the settlement.

But I am not surprised that they are holding you to the letter of the lease considering you are sueing them. It is still a valid contract and you are still subject to it.

If you start a fight, you gotta be willing to take some blows.

I live in Colorado, in March of this past year, my 4 year old son was severly injuried at my apartment complex hot tub. There was broken tile on the steps and as he was getting out the the tub, he tore the meat right of the bottom of his foot by the broken tile that we all had been complaining about. He actually had to have a cast on his foot so that he did not put direct presure on the wound and rip it open again. The complex did not even bother to check on him. We started looking for a safer place to live. Now they are telling us that if we break our lease, they will back up and sue us for the rent special that we moved in under, and the remainder of a 10 month lease. Is there anything that I can do?

Here is a possible out for you. As shown by the injury, the place is not safe for children. Talk to your lawyer.

BTW, You said that you moved in in March. It is September. Would that not mean their is only 6 months left on the lease?

http://www.mrlandlord.com/html/frametop2.html?state=colorada&url=http://tenant.net/Other_Areas/Colorado/ltguide/toc.html

UNINHABITABLE PREMISES - CONSTRUCTIVE EVICTION

Unless otherwise expressly agreed, there is an implied agreement in every lease for real property that the landlord will refrain from acts or omissions which interfere with the tenant's right of peaceable enjoyment of the premises. If this implied agreement is breached bv the landlord, either by act or by omission, resulting in the premises becoming legally uninhabitable, the tenant may vacate the premises, terminate the lease, and owe no further rent. To exercise this remedy, the tenant must abandon the premises. Before the tenant is justified in moving out, the landlord must also have been given notice of the problem by the tenant and a reasonable time in which to remedy the situation. A tenant should get legal advice from an attorney prior to exercising this remedy. Only in extreme conditions may a tenant vacate the premises and stop paying rent. This remedy should never be attempted without first talking to an attorney.

I understand your frustration, and am on your side, but let me give you a slight dose of what type of things the complex's attorney is going to point out.

1. You were aware that the tiles were not in proper condition, had already complained about it, yet you knowingly took the chance and still went into the hot tub on your own free will. You assumed responsibility at that point.

2. A hot tub is no place for a 4 year old child, and most places that have hot tubs don't allow children under the age of 17 to be in one anyhow.

I feel for you and for your child, I am just trying to give you a sense of the things that attorney's use to win their cases. Right, wrong, or indifferent, these are the type of tactics that will be used. I hope that you find or have found a safe place to live, and that your son is ok. Good luck to you and God Bless...............

As far as the Temp of the hot tub, it has never work, it is more of a luke warm bath with bubbles, the pool is warmer. It is not a question of the money it is a question of right and wrong!. There was an adult that got his foot severly cut about two weeks after my son. That was after they "fixed" it.
The insurance company it working with my attorney for a settlement, they dont want this to go to court. I took really great pictures.

Legally though, a hot tub isn't part of your rental unit, rather an extra benefit and easily avoidable. The landlord would win in court for going after rent due them until the end of the lease. The law suit you have against them for your son would be a separate issue. So, yes, as part of the law suit with your son, have them settle to not sue you for the rest of the rent.

Legally though, a hot tub isn't part of your rental unit, rather an extra benefit and easily avoidable. The landlord would win in court for going after rent due them until the end of the lease. The law suit you have against them for your son would be a separate issue. So, yes, as part of the law suit with your son, have them settle to not sue you for the rest of the rent.

We are talking about what is called a "common areas and facilities in multi-unit properties" It is part of the rental agreement.

Have you ever tried to keep a 4 year old out of anything? Not an easy thing to do! Especially water in the spring.

Although, above you mentioned "UNINHABITABLE PREMISES - CONSTRUCTIVE EVICTION"

I was simply stating how the courts usually work. You can always try, but...

In order for that to happen, the rental unit needs to be declared uninhabitable. I can't see a judge siding that a broken tile would be grounds for constructive eviction.

Although, above you mentioned "UNINHABITABLE PREMISES - CONSTRUCTIVE EVICTION"

I was simply stating how the courts usually work. You can always try, but...

In order for that to happen, the rental unit needs to be declared uninhabitable. I can't see a judge siding that a broken tile would be grounds for constructive eviction.

That was just the heading for the chapter of law. The point is this excerpt.
there is an implied agreement in every lease for real property that the landlord will refrain from acts or omissions which interfere with the tenant's right of peaceable enjoyment of the premises

A hidden danger (and proven history) of tenants slicing their feet in landlord provided facilities is definately an omission.

When I joined the stationary engineers union, I signed an agreement stating that I could be held personally liable for any lax completion of my duties. that means that I was to fix anything that could possibly be a hazard in spite of what the property owner said. The Union would back me up with legal representation. Every one of my workers was informed to shut down defective or dangerous equipment.

At one time I had a major hotel evacuated/shut down because of a live electrical short to the plumbing. It is less expensive to put someone up for the night than to pay a wrongfull death! The owner was not happy, but my job was never in danger.

This is an insurance problem and will be solved by them. But, it is the landlords responsibility to keep his property in reasonably safe conditions. Don't know if there “really” is fault with the tile, but the landlord should have anticipated that someone would try to get a free ride on his dime. He would be wise to remove the tub and point the finger to a law suit to the rest of his tenants. As indicated above, the breaking of the lease is a side issue and considered separately from the law suit, One has nothing to do with the other.