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Danny Edward Lazares

Danny Lazares’s Answers

8 total

  • If 2 of 4 tenants move out during a lease do the remaining 2 people have to provide entire rent for the rest of lease?

    2 tenants had disagreement with other 2 tenants and are moving out because of it. we are on a year lease and pay 575 per couple. for us that are remaining in the household, do we have to pay the entire rent for all of the remaining months in the l...

    Danny’s Answer

    Generally, the answer is yes, you will have to pay the entire rent. When tenants sign a lease or rental agreement, they obligate themselves to the entirety of the rental amount. How they divide that up is up to them. The landlord does not get involved in that.
    There would be an exception to the above if the lease specifically provided for each tenant to be responsible for only a portion of the rent, but, again, that is unlikely. As the other tenants vacated before the end of the lease term, the remaining tenants would have the right to sue them for contribution.

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  • Is there a law that says the party at fault has to respond in a timely manner?

    My car was hit by an employee driver in WA State. It took the company two months to get me a claim number. It’s almost been five months and my car is still damaged with hardly any communication from the company (which only happens when I call them...

    Danny’s Answer

    If liability is clear, the insurance carrier for the at fault party typically tries to settle the car damage as soon as possible. This is so as to avoid additional claims for loss of use or diminished value due to depreciation. If you have coverage under your own policy, you can use that to get it repaired. Your company will then go after the other to collect, including your deductible.

    The above aside, a defendant does not have to pay until they agree their insured is at fault, or a judge or jury decides they are liable.

    You may also want to contact the insurance commissioner's office in Olympia to see if they can apply an pressure on the insurance company for you.

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  • Noise from tenants smoking on the sidewalk in front of the building.

    The quiet hours in our building are 10pm-8am. Yet many nights are the tenants smoking on the sidewalk, drunk, being loud, laughing and keeping us from getting to sleep. The landlord told us not to confront the neighbors, yet to inform them when ...

    Danny’s Answer

    You have several choices. First, if you wish to remain a tenant, get other tenants to sign a petition or otherwise acknowledge they want the problem solved also. Strengh in numbers! Second, if it won't be solved by the landlord, give proper notice of intention to vacate the premises (depending on whether a fixed term or month to month tenant) and then move somewhere else. Third, consider suing the landlord in small claims court for the diminished value of your tenancy due to the noise. If you choose this option without giving notice of termination, expect a notice from your landlord terminating your tenancy. This could be considered retaliation, however, if there is a governmental agency involved in your noise problem.

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  • Can a landlord evict a Tenant for illegal activity even if it is not mentioned in the rental agreement?

    I'm renting out a room in my home on a month-to-month basis and have a very informal rental agreement. Can I evict a tenant for creating a waste/nuisance or illegal activity even if it is not specified in the agreement that such activities are for...

    Danny’s Answer

    Specification in the Ageement is not required. You can evict for waste or nuisance or unlawful business activities conducted on the premises.
    You can also evict for drug related activity, gang related activity, unlawful use of firearems and assault.
    20 Day Notice must be properly served more than 20 days before the end of the rental period (end of month typically). No reason for the notice need be stated or given. If tenant fails to vacate, then they are served with a Summons and Complaint requesting a court order to evict them.

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  • What legal action can be taken to get retribution from the owners of a property where my brother was severely injured?

    While my brother was at a residential house, there was a party with several people drinking. My brother was very inebriated. He was punched in the mouth and fell backwards and hit his head on a ledge on the floor where the tile met the concrete fl...

    Danny’s Answer

    Your brother may make a claim against the person that struck him. He may also make claim against the homeowner, if there is a factual and legal basis to support liability. If that claim were to be successful, the homeowner's insurance would then be a source to obtain payment. Your brother should discuss this matter with a personal injury attorney in his jurisdiction.

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  • What can I do to stop collection on child support arrears that is 14 years past the legal statue of limitations.

    In March 2011 the Michigan Courts have tried to garnish wages which have been contested. Letters and calls to Friend of Court falls on deaf ears or they will not assist or acknowledge this is past due the limitations. I will start collecting soc...

    Danny’s Answer

    You should retain an attorney in the appropriate jurisdiction to file pleadings requesting an order to stay current collection proceedings, pending a hearing on a motion to dismiss the judgment based on the running of the statute of limitations. Different states have different rules on how to proceed in matters such as this.

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  • I went to an urgent care office for an ear infection. I was prescribed the wrong antibiotic and the condition worsened.

    I called the facility to advise the antibiotics were not working. I left messages that were not returned. I was prescribed Doxycycline Hyclate. When I was unable to hear in both ears and the pain was unbearable, I went to the e.r. They put th...

    Danny’s Answer

    You have a claim for medical malpractice based on negligence. Such claims are governed by statute and case law, and are complicated. You should discuss this with a local attorney, who will want to obtain information about issues including liability and potential damages.

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  • What notice has to be given to tenent of a mobile home when there is a sale of that mobile home

    myself and my 2 underage children live in an rv we have a lease and the landlord has sold it without notice and told use we have to move in 2 days we have no where to go or money to go with can this be done is it legal in washington state

    Danny’s Answer

    12 months notice is required if there is to be a change of use from a mobile home park. If it simply a sale to a new owner, the new owner would have to assume the leases of existing tenants.

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