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Carrie Ann Bowers

Carrie Bowers’s Answers

6 total

  • What options do I have to force my landlord to allow me to change apartments or terminate lease due to allergies?

    I recently moved into a new apartment. Upon sleeping overnight there, I immediately began having an allergic reaction. The reaction subsides when I leave the apartment. I've tried vacuuming with a HEPA vacuum, bought two HEPA filter fans, and a...

    Carrie’s Answer

    It's going to depend on the terms of your lease and what is causing your allergic reaction. If it turns out that its something the landlord can fix, you have to notify the landlord of the problem and give the landlord time to correct it before you can take any legal action. So your first step needs to be to talk to your landlord. Hopefully (s)he will be helpful. If not, you will need to consult with a landlord tenant lawyer to see what legal remedies you have. Don't wait, because in some instances, you have to physically move out of a place to have a legal claim because it's impossible for you to live there. Best of Luck.

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  • Can my landlord evict me

    I signed a lease in November which specified I could have a dog up to 60 pounds. It did not restrict any breed. Today I received a letter from my landlords attorney, advising that I cannot have a pitbull and must get rid of him immediately. Thi...

    Carrie’s Answer

    The terms of your lease will be the controlling factor. If the lease is still in effect and it allows you to have a dog up to 60 pounds with no breed restrictions, then you can have your pitbull who is under 60 pounds. I agree that you should give the landlord's attorney a call and find out why he thinks you need to get rid of your dog. Is it because he is a pit bull? Or is there another reason? It would be a good idea if you consulted a local landlord tenant attorney to review the terms of your lease with you. And if you're not comfortable dealing with the landlord's attorney, you can have your own attorney speak with him/her.

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  • Can our landlord discontinue our tenancy-at-will due to my wife's pregnancy?

    We live in Massachusetts and have a tenancy-at-will. We have been living in this apt for 2 years with no problems. We are excellent tenants and always pay our rent early. My wife is 6 months pregnant with our first child. Our landlord mentione...

    Carrie’s Answer

    In Mass, it is against the law for a child under the age of 6 to live in a house that has lead paint. That is true for everyone, not just in the landlord tenant realm. I would NOT spend the money to test the house for lead paint, as it will cost you about $300. If the apartment has lead paint, your landlord would be required by law to get rid of it if a child under the age of 6 was living there/going to live there. That being said, you are not obligated to tell your landlord that your pregnant, although he/she will find out eventually.

    Without seeing your lease, I would guess that the lease says your landlord (or you) may cancel the lease for no reason. So, your landlord may cancel the lease at any time for no reason at all. However, he cannot terminate your lease BECAUSE of the pregnancy. That's unlawful discrimination. But it might be hard to prove that that's the reason. And if you could prove that your landlord ended the lease because of the pregnancy, what would your damages be? Would it be worth it to you to go to court over it? It might not be worth your time and money. You might want to start thinking about moving. If you tell your landlord that your pregnant and your landlord gives you notice to move out, and you want to take legal action against your landlord, or if you want to try to stay there, then, at that point, I would suggest contacting a local landlord/tenant attorney. You don't have a use for an attorney until that point.

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  • Can a law firm change the terms of a contract midstream through a case ?

    My brother contracted a law firm (no retainer required or paid) for the wrongful death of his daughter. He possesses a copy of the contract, which states: 1) should he win in court, the firm receives a percentage of his award, but 2) should he ch...

    Carrie’s Answer

    • Selected as best answer

    It is 100% up to your brother whether or not he settles. The firm cannot change the terms of the fee agreement. It sounds like your brother no longer wishes to deal with the firm, and might be uncomfortable talking with them about their threatened change of terms. I agree with the other comments about talking to the firm about his concerns. However, if your brother is uncomfortable doing this or if he does not like the results of that conversation, I would recommend calling either the local bar or the Ohio Office of Disciplinary Counsel. They will be able to listen to your brother's concerns and help him address them. As far as your brother's case goes, he might end up having to hire another law firm. Good Luck.

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  • Can I get a recommendation for future housing if I have to sue my landlord for damages related to a tenant's illegal activity?

    I have Multiple Chemical Sensitivity and I am drug-sensitive. My landlords knew this. A tenant moved in below me and I believe started smoking heroin. I got ill and had heroin symptoms and severe health problems and had to vacate to a hotel be...

    Carrie’s Answer

    Whether or not you will be able to recover damages for the loss of your belongings and expenses is not clear. Your case seems rather complicated. A lot will depend on what exactly the landlord was aware of and what your medical conditions are. You should sit down with a litigation or landlord/tenant attorney to discuss your possible claims and remedies. On a side note, did you have renters insurance? I'm not certain that making a claim against your renters insurance will be helpful to you in any way, but it might be something to look into.

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  • Could my landlord sue me for a month's rent If I leave a month earlier than the date on their notice to quit?

    My landlord and I had an argument over the lease signing through text messages and I told them that I would be leaving. This all happened a few day before the end of my lease. My landlord was forcing me to sign a lease did not correctly describe t...

    Carrie’s Answer

    If your lease has ended, and you're moving out, then it sounds like you don't have anything to worry about. I'm guessing your landlord talked to an attorney and was told that he/she needed to give you proper notice to leave the apartment. The short answer to your question - whether you will have to pay for next months rent - is no. If your landlord has already released the apartment and someone else will be paying next months rent, your landlord cannot collect from both the new tenant and you. Please note that I'm answering this question without looking at the lease and without looking at the notice to quit. If you would like a more detailed explanation of your rights and liabilities, contact an attorney to look over those documents and your text messages.

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