Thomas Martin Morningstar’s Answers

Thomas Martin Morningstar

Tacoma Landlord / Tenant Lawyer.

Contributor Level 12
  1. Car accident - At fault party not accepting full liability. What should I do?

    Answered almost 2 years ago.

    1. Thomas Martin Morningstar
    2. Matthew A. Dolman
    3. Chong Hae Ye
    4. Jonathan Read Peirce
    5. Robert Daniel Kelly
    5 lawyer answers

    A bit of good news. Despite all the inconvenience and uncertainty you are in pretty good shape on this claim. If you are already working with your own carrier and they are on your side, then do the claim and let them recover your deductible. If they say they are going to go after your deductible they will do so. If your carrier does not believe any part of the incident was your fault your rates will almost certainly not go up. State Farm dug me out of the same situation three times,...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a landlord demand that I remove my air conditioner immediately even though there is no mention of it on lease?

    Answered almost 2 years ago.

    1. Thomas Martin Morningstar
    2. Elizabeth Rankin Powell
    3. Shawn B Alexander
    3 lawyer answers

    Your tenancy is governed by the terms of your existing lease. If it says nothing about AC and you were not already subject to an AC Addendum, you are not bound to change anything. You should expect to be given the option of signing an AC Addendum when you go to review, or be given notice to move out. If it bugs you so much that you are going to leave, then give notice and they probably won't bother you. If you wan to stay, then expect to sign up for the AC rules.

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  3. If my apartment complex provides incorrect amount due for rent can I legally pay that amount or do I have to pay right amount?

    Answered over 1 year ago.

    1. Thomas Martin Morningstar
    2. Thuong-Tri Nguyen
    3. Ryan J. Weatherstone
    4. Rixon Charles Rafter III
    4 lawyer answers

    No. The numbers are the numbers. Pay what you owe and stay out of court. If you play cute it is very likely you will start seeing a pyramiding of late charges every month because you will always have a deficit in your rent account. If you need to go to the office and sit down and reveiw the ledger and make sure you understand what the real balance due is, and how the amount was calculated. If you wait too long, you could end up with late fees, notice fees, and any other fee that your...

    8 lawyers agreed with this answer

  4. Trustee objects to exemption on Chapter 7

    Answered over 1 year ago.

    1. Dorothy G Bunce
    2. Paula Brown Sinclair
    3. Matthew C Albrecht
    4. John Anton Sterbick
    5. Thomas Martin Morningstar
    5 lawyer answers

    Get a BK lawyer. Do not wait. If you already have one, then let the BK attorney handle it. Whatever you do, do not hide anything, or do anything even faintly dishonest or "cute" in BK.

    8 lawyers agreed with this answer

  5. I am in a lease with my apartments, I'm pregnant and just got married...would either reason legally get me out of the lease?

    Answered almost 2 years ago.

    1. Thomas Martin Morningstar
    2. Irene C Olszewski
    3. Robert Daniel Kelly
    3 lawyer answers

    No, the pregnancy and expanding family do not entitle you to break your lease. Leases are contracts and contracts involving how you and your landlord allocate risks like getting married, having a room mate bail out on you, and such things. Pay the lease break fee and move on.

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  6. Is it to late to take legal action for personal injury damages?

    Answered 7 months ago.

    1. Scott W Edwards
    2. Carrie D. Umland
    3. Diego P. Gavilanes
    4. John L. Schroeder
    5. Richard Todd Rosenstein
    6. ···
    18 lawyer answers

    Personal Injury actions generally have two parts: Liability and Damages. A rear end accident is close to, but not an absolute, slam-dunk for liability. You have no doubt noted that attorneys are interested in the other half as well: DAMAGES. A great liability case is not worth a hoot without damages. In the case of a rear end auto accident you are looking at "special damages" which are easily ascertainable from bills or other documents, the are items like, ambulance, ER, medical treatment,...

    7 lawyers agreed with this answer

  7. Do you have to have a business license to run a horse stable?

    Answered over 1 year ago.

    1. Matthew Erik Johnson
    2. Thomas Martin Morningstar
    3. Elizabeth Lorraine Elliott
    4. Laura Mcfarland-Taylor
    4 lawyer answers

    License - yes. And I do agree about zoning issues, although you may be able to get a special use permit or variance. Insurance: I can not recommend doing any business without LIABILITY coverage, especially one which involves care and custody of other people's animals, and danger of injury to the animals, your customers, and especially their kids. Horses cause injuries.

    7 lawyers agreed with this answer

  8. Landlord responsibilities to a break-in

    Answered over 1 year ago.

    1. Elizabeth Rankin Powell
    2. Thomas Martin Morningstar
    3. Scott K Matthews
    3 lawyer answers

    This is really a premises liability issue based on inadequate maintenance of the security features of the complex. This type of liability is pretty much based on the landlord's duty to keep the common areas and hardware in working, safe and clean condition. The elements that are really important are NOTICE and the landlord having a REASONABLE OPPORTUNITY TO CORRECT, REPAIR OR MAKE SAFE the defect in the property. If you have renter's insurance, make sure your claims representative KNOWS...

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. When does the statue of limitations start on a dental bill?

    Answered over 1 year ago.

    1. Thomas Martin Morningstar
    2. Robert Samuel Hoover
    3. David Ian Schoen
    4. Christian K. Lassen II
    4 lawyer answers

    In Washington the Statute of Limitations will run from the date upon which the creditor, in the exercise of ordinary diligence, knew or should have know that you would not pay. The statute would thus run from the date of your "sue me" statement at the latest. Eight years is considerably beyond the statute of limitations for breach of contract, probably written. Debts which have been charged off and the statute of limitations lapsed fall into the category of "Zombie Debt". It just won't die....

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  10. Is it legal for leasing company to charge tenant for 'Wear & Tear' Paint after vacating apartment ?

    Answered 11 months ago.

    1. Joshua David Dabling
    2. Thomas Martin Morningstar
    3. Shawn B Alexander
    4. Kevin H. Pate
    4 lawyer answers

    Check out IRS Publication 527 (it is online at IRS.gov). Paint is a three year asset. Carpet is a five year asset. A new building being depreciated actually amortizes down to scrap value in 27.5 years. Tenants are paying for the USE of the premises, not for the privilege of being curator of the landlord's temple to his own OCD. Renting and deposits are NOT a remodeling program. Rent is for the ordinary wear and tear that goes with USE. Damage deposits are for damage or wear in excess of...

    6 lawyers agreed with this answer