A Fordham resident is suing his landlord after his bathroom floor fell right out from under him.

Jose Pilarte was giving his 4-year-old daughter a bath in their Fordham apartment Sunday when the bathroom floor suddenly collapsed.

"I thought I was going to die in that instant, because I fell standing up on the floor and I was in between the wall and the rubbish," said Pilarte.

The Department of Buildings investigated and told News 12 that part of the bathroom floor fell one story into the cellar directly below. Pilarte was taken to a nearby hospital for his injuries.

MORE: Officials: Bathroom floor collapses into basement in Fordham apartment building

"They gave me 36 stitches and I have a lot of cuts and bruises," said Pilarte.

He has lived in his apartment for 20 years and claims he told the landlord about issues with the floor over a year ago.

The DOB issued a vacate order for Pilarte's apartment and also issued a violation to the landlord for failure to maintain the building.

Pilarte and his family are now staying with a relative. Firefighters had to break into the wall on the other side of the tub to remove the young girl.

"My daughter felt traumatized and worried for her father," said Pilarte.

The DOB says it found no other structural stability issues with the building. In the meantime, Pilarte met with his lawyer Sunday and plans to sue his landlord.