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Found 112 results

  1. "A good lawyer is not the one who knows the law but one who knows where to find the law" How exactly does this statement justifies the conducting of research in law?
  2. I was offered a management position by the husband of the franchisee I worked for to work at his gas station, to which I accepted. I have extensive management experience and it was also an opportunity to move out of the city to the country as there was a new home on the property me, my boyfriend and my 15 year old son could lease (I currently have a one year lease). While I didn't know the husband well, I knew the wife well for over 2 years. I even went with them to the new work to see it and see the house (it is a gas station). My first day was July 4, and I was only able to train with "Jane" for a couple of hours because she was leaving early. I was told to learn everything from Jane because she had been there the longest and she was the one who knew everything about the station. She had me go around and intro myself as Manager because she was having problems with them ( she made it clear she turned down manager position). Later that evening, I get a call from an employee saying that another employee didnt show up for his shift. I called owner and he said I would have to cover the shift. And that is how the nightmare began. I got thrown into the job without much training, but I figured it out. I spoke with other employees and found out that ever since the owner has owned the station ( for about the same time I have known the wife), Jane has been calling out excessively, one time for 3 weeks and never even called to say she wouldnt be in (a no call no show) and the owner would always let it go. I was also told that she had driven away many managers over these two years by sabotaging them and by the excessive call outs, leaving them to cover her shifts and their own and the owner would allow Jane to do this. Since I have been here, she has called out at least 5 times and I have had to cover her. Also, she has told the owner that she can only work Monday to Friday day shift which is manager hours. This is a 24/7/365 station so I wasnt getting alot of sleep. I finally got the scheduling responsibility just 2 weeks ago. That is the only management duty I have been given. Jane has been telling outright lies to owner to get employees in trouble, will not train me even though she is supposed to, wont make herself available to cover anyone else's call outs, wont even answer my calls, only owner's calls. Everyone thinks they are sleeping together and I do too. I am fed up with her. She needs to be terminated. Now I am told that I am not Manager because I havent learned everything, yet I am the one employees are supposed to call with problems. At this point, I dont trust Jane to teach me anything correctly. I am going to insist she write everything I need to know down. This has been going on since I got here. There are so many things she has done to sabotage things, and she tells owner everything is running smoohly when its not. He just believes her and bases what she tells him on his decisions. I have tried to talk to him, but he tells me what I want to hear and then changes by the next day. He promised me a manager position, but so far I havent been a manager. I dont even get to work a managers schedule. Do I have a case? Also, I am 53 and she is under 40, but it doesnt seem to be an age thing, but it seems like he is still discriminating for letting her get away with things none of us can. Thanks.
  3. So I recently had a large amount of Water damage in my mental home this month and it calls for a full remodel of the kitchen and walls/flooring in most of the living, dinning and walkways... this all came from a poorly installed dishwasher, installed by a professional plumber, yet over time (About 3 months) the small leak caused mold to form behind the dishwasher and eventually caused the leak to turn into a large over spill of water in just a few days reaching into the kitchen, dinning and living areas. When we received word that this happened we had our Property Management group take care of it, but they were very slow to get anyone out there and it was only getting worse, so we took over and got some contractors out there for mold remediation estimates and insurance adjusters and get the show on the road. In my lease it states that I must supply my tenant's with a habitable living condition at all times, I am currently in breach of this contract as the dishwasher is disconnected and sealed up awaiting remediation of water and toxic spores... I am told by the company that I am to supply them with pro-rated rent for the days beginning and ending for the construction period and I have and will continue to do so, but the renters have no renters insurance of their own and they are being forced to stay anywhere other than the home for the time that it is considered "Uninhabitable" which may be for upwards of a month or two.. depending on contractors and insurance company schedules and availability. I am working tirelessly to ensure they have a place to go and they are safe and have repeatedly kept them informed on news and updates regarding the situation and I am even looking into hotels or short-term living for them if they so choose, however I cannot provide them with compensation for this time they are in these places, my questions below reflect what I have describes above. 1. Am I liable for their pro-rated rent from start to finish, as well as their accommodations in short-term living or hotels? or just the Pro-rated rent portion? can they sue me for not paying for this accommodation that is not written into the contract when renters insurance is not required, but insisted upon. 2. Can they sue me for mold in the home even though it was a complete accident from a plumber who never completed his work correctly, yet I am doing everything in my power to rectify the situation and going above and beyond what most landlords would do in my situation? if so, what can they sue me for and why? 3. can I sue the installer of the dishwasher for damages? it was a local professional installer who didn't verify his work and it caused massive damage, on his invoice I never signed it so it seems and the only thing I see on the bottom of the invoice is " All work guaranteed 90 days after initial install or repair date" does this make him immune to being sued and if so how and why? 4. My Insurance is also claiming they do not have to pay for MOLD in any form weather it is a day old or a month old and any funds spent on this will not be reimburse... can they do that even though water damage and mold are the same thing, it only takes a few hours and moderate amount of water to create mold and the insurance and Property Management Company dragged their feet for almost 8 days before I demanded they send someone out... I then had to call my own team out instead to remedy the situation. Thank you for your time and I hope there is someone who may be able to help me with this, I am freaking out a little bit, but I feel as though I did my homework, kept notes and got everything in writing, also I have been going above and beyond to help my tenants, but I'm afraid they may still sue me if they can after I practically bend over backwards for them to make them happy... then I may as well have not paid for thing and pay it in the suit.
  4. My neighbors boyfriend dug a curtain drain with a backhoe right along our fence line. Their house sits up a bit higher than ours. We told him that he cant do that, that he needs to have fingers off of the curtain drian for it to drain right. Since he did that. our yard is continually soaked, the fence has sunk, the concrete pathway around the yard has sunk, there is swamp grass and weeds now growing in our yard in the middle of summer with no rain for weeks. When you walk on the grass you can feel where there is no souil under the grass as it has been washed away. There is now a small pond right to the back of theirs and our property in the green belt from the runoff. You can see the green area where the runoff is. and the rest of our yard is brown because of the lack of rain. What do we do?
  5. Background. I have been living in an apartment in Kent WA for over a year. On 3rd Feb 2017, I left Kent for Guam and I left my roommate in the apartment and my car at my parking lot I was located and I been parking since I moved to the apartment. I told the leasing office that I will be out of the country for some time and if they want to contact me it should be through email since my phone will be out of reach. I instructed a friend to be going to the parking lot to be checking my car and start it just to keep the engine in good shape. On 07/26/17 my friend goes to check the car and he finds out that it is not there anymore. he called me an update on the development and I asked him to go to the leasing office to find out whats going on. upon asking from the leasing office he was told that "We sent notices to the residences that they should move out their cars at such such days due to maintenance we were doing in the parking lots"." we try to call Emmanuel many times but his phone was off. we emailed him but we never get a response. so we went ahead tow his car and 39 other cars of the residents who did not remove their cars as per notice".The cars were towed to the street and some were towed back to their parking lots so go around and look for it. he called me and deliver the news. I called the leasing office and try to find out whats going on and their response was 1. We sent notice to you - of which either myself or my room mate received. the lied saying they emailed me and I said NO you did not cause the last email I got from your office was when my roommate wanted another parking lot. she then changed her story and said " There is no way I could email 40 people" but my case was is special since I told them that I will be out of the country. 2 .they will try to find the car from the towing company and I am responsible for towing and storage The Issue here? was it legal for the leasing office to towel my car without my knowledge or contact me? Who is responsible for the towing and storage fees at a towing company ? What damages if any can I claim from them? Just to be clear I was not aware of any notice and my roommate who is at the apartment did not get it as well. kindly assist Emmanuel
  6. My son's friend is 17, his parents are divorced. Neither parent wants him to live with them because they want to get on with their new lives with new spouses. CPS was involved and he was ordered to live with his father. No one is happy with this situation. If both parents agree to let him live with us until he finishes high school next year, is it like a long sleepover or do I need guardianship? Are they still responsible for his healthcare/insurance or am I? Any other legal obligations/pitfalls I should be aware of? Thank you for any assistance!
  7. I was recently laid off due to lack of work at the facility. The company offered me three weeks pay as severance if I sign a contract waiving what appears to be every conceivable right I may have relative to my previous 10-year employment with them including issues related to discrimination, whistleblowing, medical leave. I do not have any plans for any claims at this time. My concern is that I will be electing COBRA benefits, and an Aetna representative told me that the plan is self-insured by my former employer. I am appealing the denial and cost of a medical claim. If I sign the severance agreement, am I waiving my right to escalate medical claim disagreements under this employer-insured plan through Aetna?
  8. I feel like i am being double jeopardized; for the second time, a cell phone I use and gave as a gift was stolen (net sale price over $500). I filed a police report, outside the military installation i was posted at to prevent further legal damages and to not be accessorized to any ties with crimes; civilian and military law. To ensure my own safety, I left the state where the offenses were committed and just need to know, how I can utilize this police report, hypothetically, if I were to use it as evidence to civil court? Before leaving that state, I also found a sharp blade spear-like metal contraband and contacted local police to get second advice and the police made me seem least priority when I asked them if it was worth latent processing to figure out if someone weird was stalking me, had my car keys, and placed weapons in my personal property without legal consent. I am somewhat skeptical most days of my own personal security and I am trying to evade further disputes and issues. When is the right time for a person, to file for restraining order, if the person I am to file report against, is not known? This by the way happened during the time frame of 2012-2013 and I only bought 6 month supply pepper spray back in 2013. So since then, I am still trying to find coping mechanisms from all the unnecessary shameful juvenile-like behaviors of these adults. Why would someone go out of their way to steal personal cell phones, and put sharp blades in their personal vehicles? How can I protect my child and my own safety and security if they have already damaged it?
  9. Hello! I have been leasing a small café for the past three years - During this time, ownership has changed hands 3 times. I signed a new lease agreement with the newest owner in February. I have spent the past three years building the business and it has become a community success. Here is my problem. My landlord owns property that is adjacent to the café I lease. They have been having "Neighborhood Wars" with all of their neighbors long before I came here. So, a few days ago, the landlord came to inform me that a certain neighbor of his was no longer welcome on the property and I am to ban them from coming into my café...a public venue. His problem with his neighbor is just that...his problem. This neighbor spends an average of 200.00 plus dollars per week in my establishment. Does the landlord have a legal right to ban customers from my café just because he doesn't like them? Besides being totally unprofessional, how can this possibly be legal? Thank You For Any Input! Sincerely, Laurie PS - There is nothing in my lease agreement that even remotely touches on this issue. When I protested I was told if I did not like it to leave. My lease is not up until February.
  10. I evicted a tenant a couple years ago. After the tenant moved from the property he was arrested for trespassing. The case went to court and the tenant lost, he has since filed an appeal claiming that his personal property that was left when he was removed from the property was taken illegally. He sued for the cost of the lost property and lost that case. He has since filed an appeal, my question is, I would like to sell the property he was evicted from, I have been informed that I cannot sell the property due to the appeal. The court case was and is not about the property, it is about the dollar amount placed on the items lost by the tenant. The tenant has since done jail time for the trespassing charge. Does anyone know if I can sell this land?
  11. I have been asked if I will be part of a living trust to provide custodial care to a couple's pets if they pass away. They have a son, who is not in the trust, who may want the property after their deaths. Part of the trust agreement is for me to live at their house until their pets pass away (10 plus years). If the son harassses me when they die if I move in, do I have any rights to make him leave since I'm not an owner and not on the title? Thanks.
  12. I lived for three years at a house in Washington but wasn't on the lease, my roommate was, though the landlords knew I lived there. They offered to give me a good rental reference because we never had late rent. When it came time to move out I rented a Uhaul truck and had my friend "spot" me as I backed up the driveway. He forgot to look up and waved me forward so that the top of the Uhaul hit the face board of the car port. It has a large crack in the board now and probably needs to be partially replaced. The landlord has told the person on the lease they want $3000, which could easily build a new carport. Uhaul insurance that I bought doesn't cover overhead collisions and I talked to my car insurance and they dont cover large hauler type vehicles. I need some next steps. What kind of lawyer can I talk to for advice?
  13. Here we go! So around twenty years ago myself, my girlfriend at the time, my mother, my sister and her husband agreed to purchase a piece of property together. This was to be an investment and also a place we could all build homes and live. At first my mother lived in the existing house with my younger siblings as my girlfriend and I built a small house for us to live in. As the years went by, my now wife and I had lost interest in living in the small town and my sister and husband had decided not to move there either, but we all still paid our share of taxes and payments. About ten years after making the purchase the property was paid for in full and with our mother still living there we agreed it was only fair that she was responsible for paying the taxes. After a couple of years she had decided to move away herself and she would rent out the original house and that money would be used to cover taxes and any maintenance and she would handle all of that. So here about two and a half years ago the renters are gone and my youngest sister and her family want to move there which is fine. Well shortly after that I receive a tax foreclosure notice in the mail. I right away contact my mother to find out what is going with this and she swears she's been paying the taxes. Out of no fault but my own, I should have never trusted my mother with this, as she has never been one to be financially responsible or honest for that matter. Shortly after this I travel across the state to tend to this matter and visit the property in which I hadn't been to in several years. While there I come to an agreement with my sister and her husband (which are not the same sister and husband that are part owners) that they would pay the back taxes since they were now living there. Fast forward to now, my mother is now living back at the property in the little house i had built and my sister and family are still living in the original house. So I decide to pay a visit this last weekend, only to find out my mother has harvested all of the marketable timber off of our twenty acres of property. When I approached her about it, she claims it wasn't worth that much and that I don't deserve any of the proceeds from it because I haven't had any interest in the place for years. It sickens me the total disregard she has for the rest of us and our investment and how she was able to do this without our consent, as for all of our names are on the deed. What are my options?
  14. We have a contract with a buyer. The buyer has an inspection contingency. The listed inspection period is 10 days. The buyers responded back with repair requests (long list 12 items). We responded back to their requests. They did not respond back until the 10th day (still in the time frame). However, the catch is that they responded back with a blank, NEW 35R that did not have our signatures on it, nor did it contain the attached addendum listing all the repairs that they had requested and we rejected. The buyer was suppose to respond to seller's response using section III on the 35R. Instead, we got a message from our listing agent, that the buyers had accepted the inspection and this satisfied the contingency. And, that there was a new 35R submitted so as to not alert the underwriter of the buyer's loan would not be aware of the all the problems with the house. I found this odd and the more I thought about it, I realized they wanted us to participate in this deceiving the bank so the buyer could get their loan. I don't feel comfortable with that suggestion. Also, the 10 day inspection period has ended and they still have not submitted the original form. My agent has turned on me after I pointed out that I thought their suggestion was unethical and I felt uncomfortable. MY agent stated "You will follow through on this contract!". I contacted a real estate attorney for advise. He said that it IS a breech of contract , as they were late with the response past the 10 day inspection period (since they did not respond back using the correct form). However, the more I read on the issue, I am not sure the lawyer is right. The agent stated that it just means the house is excepted "as is" and that it does not terminate the contract for the seller. Help! What is the correct answer? Do I have a right to terminate based off of this information? Any information would be appreciated. Thank you.
  15. I was served with a lawsuit from a collection agency over unpaid medical bill that I do owe. I was served with a complaint and summons. I paid the original amount directly to the hospital two or three hours before I was served with the papers. Since I did not know how to proceed, and my time was limited to 20 days to respond, I put in affirmative answers and Notice of appearance. They responded back. The agency still wants to nail me for twice the original amount and attorneys fees. I don't think I answered the papers right and I don't want to go to court because I don't want to take the chance of losing. They responded to my answer and I am wondering if I can contact them to try and settle out of court? Any suggestions on what I am to do next? I have 30 days (less now) to respond.
  16. First my 5 years old who is non verbal autistic has an IEP with no BIP included, was physically restrained during class for about an hour. The SP ED coordinator decided when my 5 year old was protesting while the Para was making demands on him so he was yelling and slapping at the para 9 the para said she needed no help she could handle him and the behavior stops as soon as she lets him know it is her way not his). but this incident the SP ED coordinator decided to take him from the para and tried saying "no we do not slap" several times while holding his arms in front of her so he couldn't move. The more she said No the longer she held him the more anxious he got and the more behavior started getting out of control until a total meltdown. now she has him (while she is sitting in chair) with his back to her, his arms cross over each other and she is restraining him like on a straight jacket. My child starts to panic and screams and is trying to escape now in full meltdown panic mode. The SP Ed coordinator now takes my 5 year old to the ground and puts him in prone position with her (180 lb ) weight on him finally the SP ED coordinator could not hold him anymore (she is out of shape) she let him up and he ran to the desk the para gave him comfort. Now he has bruises on his hands and his back shoulders and arms where she held him and I feel that she way over reacted and caused the meltdown unnecessarily, I have asked for a incident report and she has said there isn't one and no one will talk to me about it except the para. I can add pics of bruises if needed. I guess I am asking is this even legal to do? what is considered excessive? what gives her the right to do this? and is she even qualified to do it? I feel angry about it but am trying to get as much information to understand it.
  17. My 12 year old son, has IEP special education for writing, reading and math but has had progressively rapid behavioral issues has been excluded from camping trip because the principal said, "he is a safety concern." I have six siblings and we all graduated from this school district along with nieces and nephews. My children have been told about this camp since they were young and that it was the highlight of their K-12 experience. My dad, to this day, tries to find parents that have kids that go to this camp so he can go to family night. Very important to my family. That is beside the issue though, my son is missing out on this once in a lifetime opportunity because he is a IEP student and he is a safety concern because my son leaves the classroom frequently and they have to go find him. They lose my son while he is in their care and that makes him unsafe. I highly doubt he would run off and disappear in the woods-he would be to scared. Since it is a school fucntion, they continue to have classes that teach them about the outdoors and basic outdoor survival. Plus, it is a time where classmates and friends make bonds that last a lifetime. Once in a lifetime school experience that can never be duplicated. I am sick to my stomach and furious. I went to the principal that told me no because of him being a safety concern and then I went to the superintendent in hopes of begging for a right for him to go. I offered that a parent go up and spend the day or stay the night, even though parents are not usually involved. I also offered to spend the last twenty days of school sitting outside his classrooms so he doesnt disappear on them. I begged and asked for anything I could do but the answer was no. I dont ever want another child to miss this opportunity because the school district speculates what could happen. Someone please give me some advice. I am worn out researching this issue because i just cant imagine how the school can deny this opportunity when i have volunteered to make sure I would be there to watch out for him.
  18. We (5 friends) signed a lease on April 24th to move in to a home on May 16th. We did a walk through before signing and saw some issues in the home but the agent assured us that the people would be out by May 1st and that they would have 2 weeks to fix up the place and get it back to perfect condition. The tenants weren't out until the night of the 15th, so of course the home was NOT perfect on the 16th. The place was extremely dirty, had holes in the walls/missing smoke detector/exposed outlets, and a very distinct odor that was a mix of smoke and other chemicals. Some of the old tenant's belongings were also still in the home. We were willing to be flexible with all of these issues but then on the 18th we found out (directly from the agent) that the previous tenant was a known meth user and at one point had "15 meth heads sleeping all over the house." After this was disclosed, we all agreed that it was not safe nor healthy to be living in a place that experienced such high drug traffic. We sent an email and letter via certified mail requesting to be released from our lease due to these health and safety concerns. Again, they did not disclose the meth use before we signed nor did they attempt to test for toxic residue. They also originally refused to replace the carpets or paint because "we'd already signed the lease." I'll also note that on the 16th our agent told us that she would not be at the home to do a walk through with us, but that she'd leave the paperwork for us to sign. In hindsight we should've demanded that she be there, but we didn't know better. None of us signed the paperwork because, due to our work schedules, we were not all able to see the home at the same time. On Friday when I personally visited the house to see it's condition, the papers were gone, and because the other roommates denied taking them, I can only assume it was the agent. If they say no to releasing us from the lease, do we have any other options?
  19. My 19 yr old son was pulled over while driving with a suspended license. A Marysville city police officer pulled him out of his car while he was trying to hang up from his girlfriend (called her to tell her he was pulled over and wouldn't be able to pick her up from work). Once out of the car, my son was standing upright, with his hands behind his back, and the officer tased him directly in the face (between his eye and his nose). My son went into a severe seizure, was taken to the nearest hospital by an Aid Car to be observed after the seizure, and have the taser point removed from his face. This took place in October of 2016. He was NOT drinking, had no drugs in his system, and since the tasing in the face has experienced "ghost movement" in his eye, and often sees different colors in that eye. He didn't tell me until a few days ago, thinking it was going to go away by itself. I instructed him to immediately make an appointment with his eye doctor, and am requesting his Public Defense attorney requests his medical records from the hospital. The officer of the Marysville Police Department states he was "Reckless Driving" at a complete stop (at a stop sign) and Obstructing Justice, Resisting Arrest, Driving Without a License (TRUE) . I feel the charges were "trumped up" after having my son repeat over and over the same story to both his Public Defender and myself. His story has never changed. He's not lying. What legally can be done? I appreciate any help, as this Police Department has a reputation for "bending the rules" to fit the crime. I live in Texas, and feel helpless. Thank you so much for any advice.
  20. I'll try to keep this brief, thanks for looking: I am the president of a HOA in Washington State, 6 units in total. We have a basement that was originally assigned to unit 6 when our CC&Rs were made. Though an amendment (see attached screenshot), the basement, which is a limited common area, was reassigned to unit 5. The basement is not defined as "livable" but the owners of unit 5 have their family living in it (there is no running water, amenities, etc). According to county records, unit 6 is paying taxes and we may think also the electricity too, the square footage is on their title and not on Unit 5. Does unit 6 have the right to take back ownership since they are the owners by definition of the title/county records? Can they sell the basement/can they reassign the space to another unit? Thanks
  21. I loaned a friend $4,400 and he said he would pay me back double by April 5th he gave me a promissory note that was secured by surplus funds deposited in the county clerk's office resulting from a non-judicial foreclosure that was his and his partners. He said he only needed to wait the 30 days for the notice to creditors to go out before the money could be dispersed and after the 30 days had passed and he didn't respond to my text asking what's up I called the county clerk and they said that the money is there but nobody has filed for dispersal yet and that it cost $5 for the packet and then ex parte hearing is held within 3 to 5 days. I informed my friend of this and he apologized for the mix-up and said that he would get the packet right away and then a couple days later he said he just needs to get the $240 it cost to file it and then he wouldn't answer my phone calls or texts and so I called the county clerk again and they said it doesn't cost any money to file it at all so I'm quite confused it his reluctance to file this motion. In this promissory note that he drew up it says that I had exclusive right to the $52,000 being held in the clerk's office if this was not paid in full or after demand for payment in 10 days. So my question is do I file a motion for dispersal of funds attaching this promissory note as declaration, and do I just ask for the principal amount of 4400 and the interest or do I ask for the $52,000 that's held in there? he said I have exclusive right.
  22. I am trying to find some info about this cause I cant find it anywhere. My friends and I were on our cruisers the other day and got pulled over by an unmarked dodge charger police vehicle and gave us a ticket for speeding, we are totally fine with the ticket but we have heard from people an finding videos that it is illegal for a unmarked police vehicle to pull you over an give you a ticket because people can easily do this and replicate police officers. We are just trying to figure out if this is legal in washington state if an unmarked police vehicle can pull you over an give you a ticket or if it is illegal. We were in Clallam County and the car was a Dodge charger and the only indications that it was a police vehicle was that it had lights in the grill and visors. Any info would gladly be appreciated on the matter. Thanks
  23. I have a lawn service person come by about 2-3 weeks ago to mow my lawn and I did not request or having a conversation for him to come back to mow my lawn after that. He then emailed me an invoice last night claiming that he came by and mowed my lawn last night which I did not receive any notification from him informing of that. So I responded to his email asking why am I receiving the invoice and especially when I did not request for his service because I have been mowing my lawn ever since the first time he had mowed it. Not to mention, I was home all day yesterday as he claimed that he came by last night to mowed my lawn. I see no evidence showing any difference as how I have left it last weekend with no freshly cut grass fragrance, no evidence of mowed pattern on my lawn, and no evidence of fresh wet dirt from trimming the edges. In the email threads, he had called me a liar, mental and physical issues. Not to mention that he had trespassed my property if he did come by yesterday to mow my lawn on his own accord. The following are his responses in the email threads and on the last one he took the picture of my lawn, house, and the car parked in front without asking for permission. I need advice as to ask him or taking action against him either to stop harassing, calling me names, slandering me and remove those pictures that pertains to the property. TIA
  24. We own an old mobile home which we have rented out to people in the past. It was in dire need of repairs. Last June my husband (without my consent) agreed to allow an "aquaintance" to live there on condition that he do the necessary repairs to make the unit livable in lieu of the first month's rent and utilities and that he repair the roof in exchange for subsequent months rent and utilities, equal to the cost of repairing the roof. After that he would pay $500 a month rent and pay the utilities. My husband never got him to sign a rental agreement, nor is the man's name on any of the utilities, as we have been paying them ourselves. He did the interior repairs in June, but he has not repaired the roof, nor has he paid rent since July. On January 3 I told him he needed to move out by February 1 because we needed to replace the unit with a new model for our daughter to live in. Long story short, he's still there. On April 3 we gave him written notice that he needed to be out by April 23, which he has ignored. Do we need to go to the expense, time, and hassle of an eviction procedure, or is there another option?
  25. I live in a 36 unit 3-story condo in seattle, wa. I am on the third level. The building was built in 1956 and then in 2008 it was renovated into condos. I purchased my unit and moved in in 2014. It is a 1 bedroom 500 square feet all hardwood floor unit. We are managed by a condo management group. There has been water intrusion going into my unit for quite some time it appears.. It entered through an exterior wall on the back side of our building. My unit is the only one to have this issue going on. I reported the incident as soon as I saw water on my hardwood floor in my bedroom coming from that exterior wall under the baseboard moulding. After the HOA hired a construction team to investigate they saw that it has been going on for some time and has been entering underneath the hardwood floor over the cement(subflooring). The hardwood floor of my whole unit needs to be replaced. It turns out the water is entering from my CMU wall due to the roof scuppers being overwhelmed and the gutters have significant bellies that are not allowing the water to flow freely. The gutter anchors have pulled out of the CMU wall causing water to leak through the CMU wall. The roof scuppers, drain lines, and wall vents were poorly installed. Because the issue is due to poor craftmanship, wear and tear, and maintenance insurance is not going to cover the damage in my unit. HOA is refusing to help out with any of the repairs as it states in the condo declaration "the association shall not be liable for damage to property caused by the elements or resulting from water which may leak or flow from outside or from any parts of the building except to the extent of any insurance proceeds available" In my eyes this is clearly their fault due to negligence, poor installation, poor maintenance and inspection of the building and they should be paying for all of the repairs to my unit or at least some of it. Are they exempt from liability in this situation due to what is stated in the declaration? Or is their still some sort of "public policy" or law that would put them on the hook for this? I've contacted a few lawyers and they all want to charge me a couple hours of labor to review the declaration but I have already reviewed the declaration and that is the portion that the HOA attorney is using on me.