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Barbara I Berschler

Barbara Berschler’s Answers

1,385 total


  • I rent a commercial space that has water that is metered With two other spaces. My landlord bills us individually making profit

    My commercial rental space is metered with two other units . Each quarter we meet the minimum usage. My landlord receives one bill of 78.46 per quarter but bills each tenant the 78.46 making a profit quarterly of 156.92 . I have argued repeatedly ...

    Barbara’s Answer

    You have my sympathies. Check your lease and follow exactly what it says to notify the LL that they are in default as to billing. it may be that the management company is being careless. You are right, that the LL has no right to collect more than your pro-rata share. Request an "accounting" concerning the utility part of your rent. The lease will tell you how long the LL has to correct the error. The problem is what do you do if the LL ignores it. Maybe if you work with other tenants who have been billed incorrectly, suddenly there is much more money at risk for the LL.

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  • Is Landlord responsible?

    3 weeks ago an apt (2 floors above) in my building had a lamp fire, all the water from the sprinklers got dumped into our apt, pouring into our ceiling lights. the fire dept told us we couldn't stay there...so my husband & i, our handicap son, ser...

    Barbara’s Answer

    Residential LLs do have more responsibilities to their tenants than do commercial LLs. Check MD State and your county's websites to see what the law/regulations are for what a residential LL is required to do. Check links below to get you started on learning what your LL is required to do in MD and what you may do about it if the LL fails to perform. https://montgomerycountymd.gov/DHCA/Resources/Files/housing/landlordtenant/handbook_olta.pdf https://www.oag.state.md.us/Consumer/landlords.htm

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  • Can I demand my landlord to compensate for the months they have not fixed the leaking roof and caused me lot of stress and agony

    Our apartment roof started leaking since april 1st week but we noticed water dripping in second week. After two months of verbal request landlord said they have patched the roof but anytime its raining heavy my roof is leaking. Finally I have req...

    Barbara’s Answer

    Residential LLs are more regulated than commercial LLs. Check the link below to see what Illinois has to say about the responsibilities a LL must fulfill. Also check your county's website to see if it has any additional requirements.

    http://www.law.siu.edu/selfhelp/info/property/Landlord-Tenant%20Rights%20in%20IL.pdf

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  • Can my landlord evict me behind not payment of cost for fire damage?

    I had a small fire in my apartment on December 29 2016. At the time I didn't have renters insurance and it took them two months to come and replace the damages(microwave and stove) which to me is unlivable conditions especially with children. They...

    Barbara’s Answer

    Mr. Johnson's advice is sound. It will be more costly to you if it comes to the LL evicting you for non-payment of what is likely defined in your lease as "rent." Whether the LL failed promptly to repair the damage is another matter. You can check Texas law for the State and your county as to what obligations a residential LL has to its tenants as to the latter point.

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  • Can I sue my landlord

    My upstairs neighbors smokes marijuana and the smell comes through the vents to my apartment. I have complained several times to the landlord, and they told me that there was not any proof that it was my neighbor, however, they dropped a bag of d...

    Barbara’s Answer

    LLs of residential property typically do have more responsibility to provide safe premises to a tenant. Quiet enjoyment is another requirement that the LL must fulfill. You very well may have rights that the LL has failed to meet. MD and some of the counties have particular requirements for a residential LL to meet. Check out this link as well as the Office of the MD Attorney General and your own county's website to see what remedies they may provide. https://www.landlordology.com/maryland-landlord-tenant-laws/

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  • Do I have to sign a confidentiality agreement for working in a day care center

    I work in a daycare and recently some of the parents have gotten upset at the administration for putting their children in different aged classrooms in order to not have to pay as many staff members. The staff members are the ones who let the par...

    Barbara’s Answer

    While employed, an employee, owes a duty of loyalty to her employer. Seems unfortunate that the other staff acted in this way. Your employer's action may be overkill. You do get to decide whether your find the terms of employment too burdensome for you to remain there. I suggest that you speak with an employment attorney familiar with Connecticut employment law to help you decide whether continuing to work there is worth it.

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  • Business Contract

    Business Contract - Ortho for Invisalign braces I wore for more than a year; Invisalign failed to straighten teeth so original Ortho volunteered FREE wired braces as remedy. Original Ortho retires selling his business to new party. New Ortho cont...

    Barbara’s Answer

    You may want to come at this question from the POV as to whether there was false advertising. https://www.oag.state.md.us/consumer/ you might check out the Office of the Attorney General in MD to see whether your consumer complaint can be addressed through that office. However, the new dentist in buying the practice may not have agreed to take on the liabilities of the seller dentist. There may be a representation and warranty by the seller as to who is responsible for preexisting claims.

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  • Can a landlord of a commercial building charge a late fee on a late fee? Is it legal and if not can I take action against him?

    The owner of my commercial building started using a property management company to collect rent for him. When I was late on my rent one month, he charged me a late fee. When I didn't send it in right away, he charged me a late fee on the late fee ...

    Barbara’s Answer

    Mr. Johnson offers really sound advice. Pay the late fee and be sure you are all caught. Do you really want to have the escalate so that you spend far more money than paying a late fee?

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  • Do i have to file bankruptcy if i walk on my house

    I wish to retire but my house is underwater I already have a 2nd home for retirement I am current on my loan with no late payments ever , do not wish to file bankruptcy just walk away , is this possible???

    Barbara’s Answer

    Have you talked with a real estate broker to try to sell the house? A number of agents specialize in these kinds of sales and in the end you may be able to workout a more manageable arrangement to settle accounts with the bank.

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  • Can I do anything??

    I received a new phone number from Verizon wireless about 3 years ago and since then I have had incessant non-stop phone calls almost every single week for the woman who used to have this number. I have told all the businesses over and over agai...

    Barbara’s Answer

    Have you talked with Verizon about putting a block on her phone number if she calls you. I believe that they offer such a service. If she can no longer get through, she may finally get the message.

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