J Patrick Diener's Answers

My boss is a doctor who curses at me in front of patients. What are my rights?

Idaho has what is known as a "hostile work environment" claim. So your legal rights include the ability to bring such a claim against your employer. The Supreme Court of Idaho has said: "In order to show that a work environment is sufficiently hostile, a plaintiff must show the occurrence of numerous improper acts that establish a pattern of conduct sufficiently severe or pervasive to alter the conditions of employment. The standard to prove a hostile environment is that the environment is...

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What happens at the end of a 20 day notice to vacate and you haven't found a place yet. Can they throw you out the next day?

They cannot throw you out immediately, but they can begin unlawful detainer proceedings in court to have you removed. While this gives you some more time to get out, it may also make you liable for damages to them, including having to pay their attorney fees and costs. If they owe you money for something, that amount can be set off from any judgment they obtain against you, though you will probably have to go to court and convince the judge that they owe you that amount. If you plan to move,...

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Did neighbor break law & can I sue for him cutting my tree from my property? Trunk was leaning into his property. Tree is dying.

There is actually a Washington statute that makes it illegal to go onto another persons property without permission and remove timber. So yes, it sounds like you have a valid trespassing claim against your neighbor and/or the guy he hired to cut down your tree. This might be best suited for small claims court, however, as your overall monetary damages will probably not be great enough to be worth paying an attorney to litigate it for you.* *This answer is not intended as legal advice but...

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Landlords responsibility for black mold

Landlords are not allowed to rent property for residential purposes if that property is dangerous or uninhabitable. If you are renting property that is infested with black mold, the landlord has a duty to remedy the problem immediately as soon as you provide the landlord with written notice of the condition. Otherwise you can break the lease without consequence and find a new residence, and you may have a cause of action against the landlord for constructive eviction.* *This answer is not...

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Do I need a real estate attorney?

It is definitely possible. There may be zoning restrictions that would prohibit it, or covenants in a homeowner's association. You may also be able to argue easement rights to the open space above your neighbor's home. A creative real estate attorney might be able to help you. I would suggest making an appointment and getting a consultation with an experienced real property attorney in your area.

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Can I sue an orginization for poseing to be me and sending emails in my name to goverment people.

First of all, you said you signed something, so it is difficult to determine whether this is truly illegal behavior without reading exactly what you signed, including the fine print. You may have given them permission to do exactly what they are doing. If you did not, then you have to ask yourself what your damages are. If you believe this has ruined your reputation to the point where you have suffered financial hardship, then you might have a claim. I have to be honest though, I have never...

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Dose my landlord have the right to keep my deposit and hold me to the remaining term of my lease?

Unfortunately, verbal assurances do not mean very much. If he should choose to enforce the terms of your lease, then your landlord can likely do so. While I have not read your particular lease, I can tell you that most leases make the tenant liable for the entire term of the lease if they leave before the expiration of the term. Leases vary on whether the landlord can keep your deposit, but many allow for that when the tenant defaults. If the landlord is willing to cut you a break, you...

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Husband is becoming Representative of father's estate. His sister stole all of dad's money before he died. (Unbeknownst to us.)

The Estate is liable for the debts of the Estate. The personal representative of the estate will not be personally liable for the debts of the Estate, unless the personal representative engages in some kind of illegal activity (such as fraud or conversion/theft). So at this point, I don't believe you have to worry about a lien being put on your house, unless the house was owned by your husband's father and he left it to you (in which case it would be property of the Estate and reachable by...

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Commercial unlawful detainer law in Washington state

There are multiple differences, as the Residential Landlord-Tenant Act provides a few more protections for residential tenants. Commercial landlords can rely on RCW 59.12 et. al. for their unlawful detainer procedure. One of the main differences is the notice required for given situations before a tenancy can be terminated and unlawful detainer proceedings begun. All in all, the non-residential unlawful detainer system is a bit more landlord friendly. If you have specific questions about...

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Tenant's rights to get deposit back from landlord under WA state landlord tenant act

Carol, The way you describe the situation, it sounds as if your landlord(s) violated portions of the Washington Landlord-Tenant Act. The problem with situations of this nature is that it often comes down to your word versus the landlord's. The key is to be able to present proof of what the conditions were like when you moved in, while you were living there, and at the time of move out. This can come in the form of photos, videos, or testimony from friends and neighbors who witnessed the...

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