Powered by Avvo.com

Is my landlord responsible for my medical bills if I got lead poisoning from renovations and never signed a lead disclosure?: - The house was built in 1917.
- My lease did not include a lead disclosure nor did I get an EPA pamphlet when they renovated.
- The landlords did not hire lead certified painters, they didn't cover/mask anything and A LOT of lead-based paint sanding debris got in my house.
- I have been increasingly sick the past year - fainting, frequent headaches, lethargy and finally seizures and hospitalization.
- After starting treatment for epilepsy, and continuing to get worse, I had a lead blood test and tested positive for poisoning.
-An EPA certified lead inspector did a risk evaluation of the house, 28 of 28 of the samples contained lead, 22 of those 28 were higher than the allowable limit - including the soil, which I was growing a garden and eating vegetables daily.

Asked over 3 years ago in Landlord & Tenant

Phillip’s answer: I agree with the other postings and would emphasize that it is critical that you contact an attorney to represent you right away. If you wait to pursue this it is going to be much more difficult for your attorney to help you. A good attorney will help you take appropriate steps to gather and preserve evidence as well as to evaluate the difficulty of proving whether or not the home is what is actually causing your injuries. Causation is one of the main elements that becomes a contested issue in cases such as with what you are describing and you need to get proper treatment and documentation of that treatment in order to be able to prove causation should you need to go to trial to get compensation. Also, because your health may be permanently affected, I would treat this matter extremely seriously.

Answered over 3 years ago.

Is landlord responsible for tenant's loss of wage if they had to take time off to be home for a contractor to do a repair job?: Is landlord obligated to pay tenant's loss of wage if he had to take time off to be home while contractor was doing repair job?

Asked over 3 years ago in Landlord & Tenant

Phillip’s answer: A landlord is probably not obligated to pay the tenants' loss of wage if the Tenant takes time off to be home while the contractor is doing a repair job. It is probably also not necessary for the tenant to be home while the contractor is working. A landlord may enter a premises to make necessary and agreed upon repairs only upon giving proper notice. The right to enter to make necessary and agreed upon repairs extends to the landlords contractors.

While the tenant may want to be home to supervise the repairs and to safeguard his belongings, it is a choice that the tenant is making and not required. The tenant of course may have a cause of action if property is damaged or missing when the tenant returns home in the course of the landlord and/or his agent's making repairs.

I hope this helps. Feel free to reach out should you want legal advice on your specific circumstances.

Answered over 3 years ago.

Eviction Question: Could you clarify the "business day" rules of a 3-day notice to pay or quit served on tenant?: Everything I've read says that if the 3rd day of a pay or quit notice lands on a weekend or holiday, then rent is not due until the next business day. But what about *serving* the notice? Is it fine if it is served on the weekend? In this case rent (with hostile tenants) was due on Friday, and I want to serve on Saturday. Does the "3-day" clock start on Saturday?

Asked over 4 years ago in Landlord & Tenant

Phillip’s answer: The notice cannot expire on a weekend or holiday. The practical effect of this is that a notice served on Wednesday, Thursday, or Friday will always expire on the same day, Monday for example unless of course Monday is Holiday. In the case above where Monday is a holiday and the notice was served on Wednesday, Thursday, or Friday the notice will expire on Tuesday. This means an Unlawful Detainer can be filed on the next business day, Wednesday in this example.

Answered over 4 years ago.