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"Kneel Before Zog [in June, 2012 posted:" post="404933626"] gooninawell.txt joat mon fucked around with this message at 01:34 on Feb 4, 2013 |
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Feb 4, 2013 01:26
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If the house has mold but the landlord has no knowledge of the mold and the tenant gets sick, is he liable? Now the sick wife is saying something about the kitchen floor and mold. This is getting ridiculous. We didnt understand that the tub was a tub liner previously. I used to take baths in the tub and I thought the water underneath the the tub liner was a 'feature' of the tub, I was 12-16 at the time. Landlord says she is trying to convince him its dangerous to live there, he agrees with her and he only wants whats best for her well being, but she doesnt want to leave but her husband talked to her and convinced her that if hes responsible she needs to leave. Now we are helping them find a new place to live and the landlord believes the best way to get them to leave quickly and to help their health is to condemn the house. They what happens if the health department doesn't condemn the house? Kneel Before Zog fucked around with this message at 01:41 on Feb 4, 2013 |
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Feb 4, 2013 01:33
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Kneel Before Zog posted:Redacted to cause no further harm to the stupid What did I miss in the early days of this saga? Which character are you pretending to be and what about "GET A LAWYER" from a lawyer in a thread full of lawyers for people who have questions lawyers know answers to says to you that If you knew the answer, why did you ask? E: Rofl you stupid gently caress I hope someone finds out what you're posting and it's subpoenaed no knowledge my rear end BonerGhost fucked around with this message at 01:45 on Feb 4, 2013 |
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Feb 4, 2013 01:41
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Now I get to see first hand why lawyers get such a bad rep. My main concern now is them going to a doctor who strings them along and bills them for lots of unnecessary medical procedures to try and foot us with the bill. Kind of like those doctor/lawyer ask gary referal services except instead of for a car wreck its for mold fraud. I'll let you guys know if the Health Department determines if it's black-mold or not. In the case that it is we will just have to pay for the medical bills incurred by tenant mom. Unless I can get some friendly lawyer advice here on how to get out of liability. Also do mortgages in Florida require renter's insurance? The next step is finding out if we are insured against this kind of stuff. (USER WAS PUT ON PROBATION FOR THIS POST)
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Feb 4, 2013 01:47
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NancyPants posted:What did I miss in the early days of this saga? Which character are you pretending to be and what about "GET A LAWYER" from a lawyer in a thread full of lawyers for people who have questions lawyers know answers to says to you that The best thing about this is for some reason he has gotten it into his head that if he pretends he isn't the landlord now it is going to protect himself somehow. Hey Kneel Before Zog everyone knows you are the landlord. You admitted to being the landlord earlier in the thread. Multiple people have quoted your terrible posts where you admit to being the landlord. Whatever you are doing now is stupid, annoying, and pointless. Kneel Before Zog posted:Now I get to see first hand why lawyers get such a bad rep. My main concern now is them going to a doctor who strings them along and bills them for lots of unnecessary medical procedures to try and foot us with the bill. Kind of like those doctor/lawyer ask gary referal services except instead of for a car wreck its for mold fraud. You should be! Especially since they notified you that it was a problem and you haven't done anything but argue with them.
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Feb 4, 2013 01:48
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Queen Elizatits posted:The best thing about this is for some reason he has gotten it into his head that if he pretends he isn't the landlord now it is going to protect himself somehow. As long as it's not self harming, SWIM is cool with that.
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Feb 4, 2013 01:49
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Queen Elizatits posted:The best thing about this is for some reason he has gotten it into his head that if he pretends he isn't the landlord now it is going to protect himself somehow. This is true. When they blamed the landlord for the health issues of the wife, the landlord acted like a jerk and told them they should leave immediately if they believe that to be the case. The argument arose from the tenants not wanting to leave.
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Feb 4, 2013 01:52
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Kneel Before Zog posted:This is true. When they blamed the landlord for the health issues of the wife, the landlord acted like a jerk and told them they should leave immediately if they believe that to be the case. The argument arose from the tenants not wanting to leave. Oh I hope to god someone goondetectives you and sends your tenants links to all of your posts here.
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Feb 4, 2013 02:04
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It wasn't really an argument. Why is everyone here so god awful and on the offensive. It was more like, "you caused this" said the tenant. Landlord responds with "well right now I'd like you to leave if the house is continuously making you sick". Following with immediately offering to pay for their next houses rent until their contract expires. I don't see what is so wrong with that course of action. The only crime committed here was not having the house tested for mold earlier. What are the obligations regarding mold and landlords. Every house could have mold, but if the landlord isn't aware and it turns out their was lord suddenly hes the scum of the earth? Edit: What are people being so hostile and nasty about? Why tell me to get a lawyer if I'm clearly a vile scumbag. So one of your ilk can help get off this hook I deserve to be dangling from. People here do not know all the facts. How sick or how in the wrong or how bad the house condition is in. Why the theatrics. Kneel Before Zog fucked around with this message at 02:21 on Feb 4, 2013 |
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Feb 4, 2013 02:08
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^^^^ Because we gave this "landlord" advice and "he" basically told us to go gently caress ourselves. This is not the pro per thread. If you want that go google sovereign citizen and have fun! This case is literally at the point where having a lawyer, who knows this field and the applicable state law, can make the difference between a massive lawsuit and not. A lawyers job at this point is to AVOID the lawsuit, but this "landlord" can't get this through his thick head. I say when this guy loses everything I'm not going to feel bad for him, even for a second. I would suggest that "he" stop asking questions of a thread full of lawyers if he's just going to trash us. I'm gonna fly down to FL and buy his dog from the sheriff with these sweet, sweet lawyer bucks I get from colluding with the other side. What an offensive rear end in a top hat. Exactly what I expect from a slumlord. Well, successful slumlords are smart enough to talk to a lawyer. nm fucked around with this message at 02:29 on Feb 4, 2013 |
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Feb 4, 2013 02:27
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Kneel Before Zog, I spoke with my landlord and he said you smell
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Feb 4, 2013 02:36
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nm posted:^^^^ Trying to look at it from the landlords perspective he is not trying to avoid anything. Let the law decide how at fault he is. What could a lawyer bring to the table exactly? I'm asking this sincerely. Someone once told me in car wrecks one side can be somewhat at fault, like 1 percent or 90 percent at fault. So will hiring a lawyer make him less at fault. Would this be worth the price of hiring a lawyer in the first place. How can one ensure that hiring a lawyer won't just prolong the process and make things more costly than how they would have been originally. I guess you could assume worst case scenario and easily surmise that getting a lawyer to avoid that obviously is the better economic decision. Hiring simply goes the landlords principles which is why he won't hire one. I'd like to convince him. The landlord isn't me. The landlord is of the mentality that if he's guilty he'd be more than happy to pay for any medical bills she incurs from having mold. Why does he need a lawyer to pay for medical expenses he caused. The Health Department is his lawyer I guess. Kneel Before Zog fucked around with this message at 02:41 on Feb 4, 2013 |
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Feb 4, 2013 02:39
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Hello. First and foremost, thanks for this thread being here, and thanks to any and all lawyergoons who might read, and better yet, be able to answer my question. Jurisdiction: Texas, Travis county court. Civil matter. Situation: I'm being sued. I need to take the issue out of court via Arbitration. Problem: An idiot to the end, I wasted my 20 days, and now I need to answer the complaint tomorrow morning. I have not done ANYTHING I need to for the case. Solution?/Question: Can I ask the county clerk for an extension, so that I can do what I need to, and if so, would that action disqualify me from electing arbitration? Looking for any, all, or partial answers here folks, and the clock is ticking. Thanks.
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Feb 4, 2013 02:44
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Kneel Before Zog posted:I don't see what is so wrong with that course of action. It doesn't take into account the expense and time and hassle required to pack and move. It doesn't take into account the up-front costs required in getting new utilities hooked up. If the monthly rent took into account the state of your house compared to rest of the market, there may not be a place in the school district where they can afford to live. They may want to stay where they are for that reason alone, but would really like you to ensure the place is habitable so they can continue to live there and give you money. If you take care of the first three and the rent to the end of their lease, that would be reasonable. Unless they're anything like you/the landlord.
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Feb 4, 2013 02:44
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If you're not the landlord, who are you and why do you care? As far as why lawyers are useful, yes, they will reduce the % that you're at fault in a car accident. Sure, the underlying facts are what they are, but a good attorney can convince a judge/jury that those facts mean you deserve more or less of the responsibility for the accident, which is what determines your liability. Similarly, a good attorney can keep irrelevant but prejudicial facts out of the jury's consideration (for instance, whether you've purchased insurance that would cover the loss, or whether you've mouthed off on the internet about this stuff). An attorney can also explain the current state of the law, and what your obligations/liabilities are right now in Florida, and what your options are for kicking your tenants out. The attorney can help you protect some of your assets from an adverse judgment, when this family wins and can recoup all of their medical expenses from you. And yes, the "landlord" is totally trying to avoid responsibility. The landlord's responsibility likely (I have no idea what Florida's crazy-rear end laws look like) is to keep the premises habitable, which means free of mold (it's irrelevant that, as a teenager, you took baths in this deathtrap thirty years ago) both in the bathroom and in the kitchen. And "hiring goes to the landlords [sic] principles?" What, these slumlord principles that include avoiding maintaining the property, putting off paying expenses early so that legal costs run up, and generally being an idiot?
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Feb 4, 2013 02:48
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Kneel Before Zog posted:The Health Department is his lawyer I guess. Is it because I'm not a lawyer that I find this absolutely hilarious? Or do I have a weirdly misshapen idea of what a public health department does? FrozenVent fucked around with this message at 02:53 on Feb 4, 2013 |
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Feb 4, 2013 02:51
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joat mon posted:It doesn't take into account the expense and time to find and apply for and put down deposits on a new place. This helps put it into perspective. We have told them we are going to spend time looking for a place for them to move to. We have no problems covering moving costs/utility hook ups and all those expenses are something we've have no problems covering if they asked for them. We have no problems paying for hardships we caused. They want to stay but if it's a health hazard are we legally obligated to let them stay and fix the problem or do we have the right to ask them to leave because of the mold? Thats the problem we are having now. Them not wanting to leave. If they do not want to leave because of the mold then we should have either the option to have the house condemned or fix the problem? What do the laws say about cases where where no one was sick and mold was found to be hazardous. Would the landlord be allowed to just cancel the contract and ask them to leave? Probably not I'm assuming unless it was in the contract, and even then, no ? Edit: I just wanted to say this thread has helped me clear up my perspective on how useful a lawyer can be in the court room. You always hear 'hire a lawyer' but you also always hear 'call 411 pain' and that's usually not a very good idea. Kneel Before Zog fucked around with this message at 02:54 on Feb 4, 2013 |
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Feb 4, 2013 02:51
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Kneel Before Zog posted:Trying to look at it from the landlords perspective he is not trying to avoid anything. Let the law decide how at fault he is. What could a lawyer bring to the table exactly? I'm asking this sincerely. Someone once told me in car wrecks one side can be somewhat at fault, like 1 percent or 90 percent at fault. So will hiring a lawyer make him less at fault. Would this be worth the price of hiring a lawyer in the first place. How can one ensure that hiring a lawyer won't just prolong the process and make things more costly than how they would have been originally. I guess you could assume worst case scenario and easily surmise that getting a lawyer to avoid that obviously is the better economic decision. Hiring simply goes the landlords principles which is why he won't hire one. I'd like to convince him. The landlord isn't me. The landlord is of the mentality that if he's guilty he'd be more than happy to pay for any medical bills she incurs from having mold. Why does he need a lawyer to pay for medical expenses he caused. The Health Department is his lawyer I guess. Because the health department's job is to protect the occupants rights, not his. It is like picking up a criminal case and expecting the DA just to "do the right thing." The health department is not your friend. An attorney can make sure that you cover all your bases. What do you do if the health departments hows up and says you have toxic mold. You want to know both the tenants and the landlord's rights in this situation now so you can react to this instantly. If it comes back fine, you want this properly documented because they may try to sue anyhow. And no, you don't know how to do this. I'm a goddamn lawyer barred in two states (not FL though), and I don't know because I do criminal law. What I do know is the time to cover your rear end is NOW, not 2 weeks from now when the the health department does something.
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Feb 4, 2013 02:52
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The Bananana posted:Situation: I'm being sued. I need to take the issue out of court via Arbitration. Yes, it's possible to get an extension, but yeah, you are in trouble. Your first step should be deciding if you need/can afford an attorney. If so, get them involved, hopefully they can get an extension. If the other side has an attorney, your backup step should be to call the attorney and ask for an extension. Don't give them too much information, just ask them nicely for an extension and tell them that you'd appreciate their kindness. If that doesn't work, then you can ask the Court for an extension, but that probably needs to be done in writing (you might be able to ask the court clerk if the judge will let you get a continuance/extension by phone - I am not a lawyer yet so don't know the general protocol for getting an extension if the opposing side is being an rear end about it; someone else in the thread probably knows better).
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Feb 4, 2013 02:53
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Arcturas posted:Yes, it's possible to get an extension, but yeah, you are in trouble. Your first step should be deciding if you need/can afford an attorney. If so, get them involved, hopefully they can get an extension. If the other side has an attorney, your backup step should be to call the attorney and ask for an extension. Don't give them too much information, just ask them nicely for an extension and tell them that you'd appreciate their kindness. If that doesn't work, then you can ask the Court for an extension, but that probably needs to be done in writing (you might be able to ask the court clerk if the judge will let you get a continuance/extension by phone - I am not a lawyer yet so don't know the general protocol for getting an extension if the opposing side is being an rear end about it; someone else in the thread probably knows better). The procedure is probably laid out in the Texas court rules. I don't practice in Texas so I can't speak to their content, but I would give those a quick read and look for a section specifically about time limits and extensions. You might have to submit a written motion or attend a hearing explaining to the court why you couldn't meet the deadline the first time.
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Feb 4, 2013 03:07
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Kneel Before Zog posted:This helps put it into perspective. We have told them we are going to spend time looking for a place for them to move to. We have no problems covering moving costs/utility hook ups and all those expenses are something we've have no problems covering if they asked for them. We have no problems paying for hardships we caused. They want to stay but if it's a health hazard are we legally obligated to let them stay and fix the problem or do we have the right to ask them to leave because of the mold? Thats the problem we are having now. Them not wanting to leave. If they do not want to leave because of the mold then we should have either the option to have the house condemned or fix the problem? Call a lawyer and don't post in this thread again.
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Feb 4, 2013 03:18
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Kneel Before Zog posted:But if she cannot prove the mold made her sick, there is no problem here, right? I know you can't post in this thread again, but this is where you and "the landlord" are mistaken. "Strict liability" is a specific term for especially dangerous things and has harsh consequences in law. If a construction crew uses dynamite improperly, and a house across the street gets cracks in the foundation: the owners of that house do NOT have to prove that the dynamite caused the cracks. The construction company is held to what's called strict liability. It places such a high burden on them to be safe, because any misstep and they're liable for everything without the need for proof of causation. As defined by Wikipedia: A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability. Black mold falls under strict liability in some states, and has special laws for abatement in others. So I didn't say what I said as fearmongering, and it's patently stupid to think I'd profit by it. I'm saying it because if there's black mold, and that lady dies of pnuemonia, CAUSATION MAY NOT MATTER. Sometimes it's not fearmongering, sometimes it's just that you're too god drat stupid to see the truth in front of your stupid face. Stupid. Causation may not matter. Read that again, realize the implications, and you won't sleep tonight. (And in case you aren't crapping your stupid pants yet: I bet that trying to clean mold and not reporting it to your insurance company invalidates coverage for liability on that mold. Think about that...) woozle wuzzle fucked around with this message at 05:02 on Feb 4, 2013 |
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Feb 4, 2013 03:53
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The Bananana posted:Hello. First and foremost, thanks for this thread being here, and thanks to any and all lawyergoons who might read, and better yet, be able to answer my question. In Texas you can file a "general denial". Google "Texas general denial" and get it filed with the court (drive it to the clerk's office). Or hire a lawyer and he or she can get it filed until 11:59pm tomorrow. Edit: don't know what you mean by forcing it to arbitration but if you don't file a denial by tomorrow, you can lose the case automatically.
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Feb 4, 2013 05:21
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Thanks for the replies, folks. Yes, If I don't submit some sort of answer tomorrow morning, I'll have a default judgement made against me. The problem I'm worried about is, will asking the court for an extension count as something that will forfeit my ability to elect private Arbitration?
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Feb 4, 2013 06:49
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Why would you sleep on your rights for three weeks and then try to deal with it in a panick at the literal last minute
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Feb 4, 2013 07:07
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terrorist ambulance posted:Why would you sleep on your rights for three weeks and then try to deal with it in a panick at the literal last minute Hah, you just described what I call: clients.
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Feb 4, 2013 07:15
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terrorist ambulance posted:Why would you sleep on your rights for three weeks and then try to deal with it in a panick at the literal last minute Because, unfortunately for me, I'm still immature and irresponsible, compounded and exacerbated by the stress and trepidation from a legal situation I'm unequipped and unable to competently engage in or combat, that's led to denial and procrastination. But this isn't E/N. If anyone can, and wants to help, again, I appreciate it.
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Feb 4, 2013 07:22
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The Bananana posted:Hello. First and foremost, thanks for this thread being here, and thanks to any and all lawyergoons who might read, and better yet, be able to answer my question. Look up a form general denial, file it. It's literally two lines of text under your case caption. Anything comes up, show up to the hearing and request an extension. FILE A GENERAL DENIAL; you can google these. Also, absent arbitration clause or consent, you ain't goin' to arbitration. Also, arbitration sucks and is expensive. G-Mawwwwwww fucked around with this message at 07:26 on Feb 4, 2013 |
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Feb 4, 2013 07:24
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The Bananana posted:Hello. First and foremost, thanks for this thread being here, and thanks to any and all lawyergoons who might read, and better yet, be able to answer my question. At least around my county if you filed a general denial and also filed a request for an extension so you could hire a lawyer the judge would almost always give you the extra time to lawyer up. No guarantees that your county will work the same way but the judge here is super friendly to pro se.
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Feb 4, 2013 08:41
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Berlin Swing posted:e- Never mind, this got swallowed up by a bunch of drama and I should probably just hire someone to research it anyway. Reposting a question that gets overlooked is OK. Another reason why you may not have gotten an answer is that nobody may be willing to take a bite at it. There are the laws of two states, plus federal law in play here. Off the top of my head, there is probably a federal law that could be used to prosecute you. However, the federal government probably doesn't care about prosecuting you. You might contract somebody like the California Cannabis Association; they might be able to point you toward somebody who could advise you. joat mon fucked around with this message at 09:08 on Feb 4, 2013 |
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Feb 4, 2013 09:05
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joat mon posted:re: as I recall, potential legal consequences of doing IT support for a CO med. marijuana store from a different state. Given what is going on here in SoCal, the only legal advice I think I could give is don't touch medical marijuana with a ten foot pole unless you like federal prison. If your local US attorney decides you annoy him, you'll be a painfully easy conviction. You're much, much easier to bust than if you just stood outside of an elementary school with a "Marijuana For Sale" sign. Sad stuff.
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Feb 4, 2013 09:33
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Thanks very much for the replies. I think we're going to get someone to look in to south carolina laws, but I definitely worry that the consequences of getting busted really aren't worth the risk. Sad, the husband really does enjoy the job, and we don't even smoke.
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Feb 4, 2013 14:47
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joat mon posted:You are not going to get the result you desire by yourself. I guess I just hate what I know my kid is about to spend the next 10 years going through, until he's finally fed up with the BS and pulls the plug on the relationship himself. Maybe I will focus instead on how I can prepare my kiddo psychologically and emotionally to make good decisions- better use of my time. My mistake was not keeping every single thing documented, although I suppose I could go get affidavits from the jobs that fired him for stealing, or from the landlord that evicted him for not paying rent? I could also produce the copies of the checks for the times when I paid his rent for him so he wouldn't get evicted. Steeling myself for the process is more difficult than reading/understanding the law. One reason I don't really want to get lawyers involved is probably my perception that they are more interested in arguing than they are for resolving a matter satisfactorily. What one CAN do and what one SHOULD do are often separate things but there doesn't seem to be that mentality in the court process. It's all kill or be killed- which, ironically, leaves me wondering how that could POSSIBLY be in the "best interest of the child."
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Feb 4, 2013 15:35
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Caylene posted:Steeling myself for the process is more difficult than reading/understanding the law. One reason I don't really want to get lawyers involved is probably my perception that they are more interested in arguing than they are for resolving a matter satisfactorily. What one CAN do and what one SHOULD do are often separate things but there doesn't seem to be that mentality in the court process. It's all kill or be killed- which, ironically, leaves me wondering how that could POSSIBLY be in the "best interest of the child." This varies dramatically from lawyer to lawyer. There absolutely are attorneys out there who just want to fight, and will drag the process on and make it as miserable for your husband as possible. Frankly, that's because there are clients out there that want to do the exact same. Fortunately, if you find a good attorney they'll ask you what you want, explain what's possible and realistic, and help you get there, even if the solution is not "fighting to the death over everything." It's way more pleasant to have a client like you than one of the "fight everything" clients. I'd recommend calling a handful (4-5) of attorneys and getting initial interviews with them. See what their attitude is, and interview them about exactly these sorts of questions. If you find someone you're comfortable with and feel like you can trust, great! If not, keep calling around.
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Feb 4, 2013 17:15
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woozle wuzzle posted:I know you can't post in this thread again, but this is where you and "the landlord" are mistaken. Just to clarify, strict liability removes the requirement to show intent or negligence, not causation (as your definition states - "damage and loss caused by his or her acts"). Removing a causation requirement would be pretty crazy, as it would mean anyone injured anywhere in the world for any reason could sue the construction company for their injuries. That said, if an apartment has mold and the residents get sick, I would imagine that is some extremely strong circumstantial evidence of causation and I suspect a doctor could provide even stronger evidence through testimony. Anyone who is in such a situation should have a lawyer yesterday because they need someone on their side who knows what the laws are and how to minimize their risk.
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Feb 4, 2013 17:31
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blackmongoose posted:Just to clarify, strict liability removes the requirement to show intent or negligence, not causation (as your definition states - "damage and loss caused by his or her acts"). Removing a causation requirement would be pretty crazy, as it would mean anyone injured anywhere in the world for any reason could sue the construction company for their injuries. I was talking to a crazy person, so I used language that fit. But I dunno if you provide a more precise definition. Strict liability also removes the need to prove that the damaging act alone caused the act. Meaning if the contruction crew uses dynamite, and the house gets cracks and dynamite was among the causes, the plaintiffs don't have to prove that the dynamite and the dynamite alone cause the damage. Or specifically with medical malpractice, the mold could be a contributing factor along with other serious reasons. But the plaintiff doesn't have to prove that the mold was the only proximate cause. That's important because that's a tricky thing to prove in general medmal: did the baby die due to this negligent act or that underlying condition? That question is often the entire basis for trial. But strict liability on mold removes that hurdle. So it's not that causation doesn't matter at all, so you're right on that. But the burden to proving causation can also be seriously lowered to the point of removing it as a bone of contention, which is what I was getting at. (This is my understanding of it, I could be wrong, I'm not in medmal)
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Feb 5, 2013 00:27
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Bojanglesworth posted:Before I ask my question I will give everyone a quick rundown of my situation, so here goes. I have been separated from my wife for almost a year now and am in the final stages of divorce (all that is left is for her to sign the final papers, then I go in front of judge.) We have one child together, which is why our divorce has taken a year. Anyone? I am pretty close to having a meltdown.
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Feb 5, 2013 00:30
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Bojanglesworth posted:Anyone? I am pretty close to having a meltdown. It's ridiculous and you don't have to sign it.
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Feb 5, 2013 00:39
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Alchenar posted:It's ridiculous and you don't have to sign it. But talk to your attorney anyway so they know about her insane request. Attorneys really prefer not to be surprised by things like that.
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Feb 5, 2013 00:45
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Alchenar posted:It's ridiculous and you don't have to sign it. Awesome, that is good to hear. She has already signed the first set of papers for the divorce, now she just has to sign & notarize the "ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE," which she is dragging her feet on. I don't think there is anything I can do other than just wait at this point.
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Feb 5, 2013 00:54
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