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Mark Randall Arend's Answers
- 190 Legal Answers
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3
Attorney answers:
Is the landlord responsible for cleaning up black mold growth under WA landlord tenant act
For purposes of this question, please let me assume that the mold has not been caused in any way by you. First, notify your landlord about the mold IN WRITING. Notification must be in writing to preserve your rights and start the clock ticking on the maximum time your your landlord can take to clean-up the mold. Your landlord is responsible for the permanent removal of mold that has not been caused by you. Second, clean up as much as you can to keep the mold away from your children (...
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3
Attorney answers:
Can i rent my home for myself after an investor buys it?
From the information you've provided, there is nothing preventing you from renting your "old" home from the new owner. I do recommend very strongly, however, that the two of you have a very complete and specific rental agreement drafted so that there are no questions about what your responsibilities, obligations, and potential liabilities will be, without question, going forward. Many of my clients have told me "Well, it seemed like a good idea at the time," or "I didn't think I'd need that...
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2
Attorney answers:
A neighbor was trespassing in my pasture and left gate open. My horses got loose and one of the horses was severely injured.
I am so sorry for your loss. If your neighbor was, in fact, responsible for your horse ultimately being put down I sure hope you can recover from them. That said, you're going to need an eye witness stating that (1) the neighbor was on the property (you will say it was without permission), (2) the neighbor opened the gate and left it open, (3) the horse got out before anyone could have reasonably taken action to close the gate to prevent your horse from getting out, and (4) without the...
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2
Attorney answers:
Custody - jail - family law question
Form the information you've provided, I recommend you immediately file a Petition for Parenting Plan. There are sections in the standardized form for you to check, and describe, any limiting factors in allowing visitation (if any) with your "ex," including circumstances warranting protection for you and your kids and restraint of your "ex." An experienced family law attorney will be of great assistance to you.
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2
Attorney answers:
Will I get kicked out of the house?
From the information you've provided, you need an attorney to help you with your situation. First of all though, he's not likely going to be able to "kick you out" of the house any time soon. That you're ending your relationship because of "anger problems," indicates to me that youv'e probably been through a lot of stressful times already, and the stress may not be over. You need to put in place through the Court a good Parenting Plan, an Order of Child Support, and perhaps an Order of...
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4
Attorney answers:
WA law will not allow me to move in with my bf because his eldest daughter is still under 18yo?
From the information you've provided I would say you already know what you're hesitant to admit - that your boyfriend is not truthful. As a rule the family courts (1) don't hold hearings after hours, and (2) don't order custody agreements that block people from moving in with others (unless the "new roommate" has a verified history of crime, abuse, or violence). New relationships have to be founded in truth and trust. Otherwise, the relationship is a disaster waiting to happen. If...
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3
Attorney answers:
I just recently bought a house and my son's father moved in with me. How can I legally make him leave?
Form the information you've provided, I'm sorry to hear that you're going through this. It sound to me like you've got a "squatter" and he has threatened harm to you and destruction of your home if you try to remove him. In that case, I you immediately file the following with the Court: 1. An Order for Protection (including removing this squatter from your home to keep you safe). 2. A Petition for Parenting Plan with the Court. 3. A Petition for Child Support with the Court. These...
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3
Attorney answers:
How do I answer a complaint when I am not the rightfully named defendant?
From the information you've provided, to preserve all your rights, you should send a formal response to the lawsuit denying all allegations as quickly as you can. You should send this to the attorney and to the Court (if the lawsuit has been filed). Make sure that you have proof that you sent the response to the attorney and the Court (process server affidavit, registered mail return receipt requested, etc.). If your restaurant is a corporation, please consider using an attorney to do...
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2
Attorney answers:
Can I sue my parents if their smoking gives me a disease?
From the information you've provided, why don't you talk with your Dad about him quitting smoking forever (and your Mom if she lives with you or plays an important role in your life). Have your doctor talk with him if you have to, including showing your Dad pictures of what his lungs probably look like, and what your lungs look like as a result of the second hand smoke. My Dad quit when I was kid. It saved his life. My kids' Grandfather quit the day my Son asked him to. They both did it...
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3
Attorney answers:
Do I need a real estate attorney
As you can imagine, I need a little more information to answer your question. What prompted you to post your question? Probably the best way to answer your question right now is to recommend you call a real estate attorney or two that will listen to you - free of charge - to help you determine if you need a real estate attorney. Good luck, Mark Arend.
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