Author Topic: Any Lawyers out there of whom I may ask a question? (Read 157154 times)

thejerseyguy · « **Reply #180 on:** April 07, 2016, 08:56:17 PM »

In the layman interpretation on this link: http://tinyurl.com/hgcutun
It says:

Quote

The Act prohibits towing companies from the following:

Failing to release a vehicle hooked or lifted, but not
actually removed from private property, upon request
of the vehicle’s owner;

henche · « **Reply #181 on:** April 08, 2016, 12:31:57 AM »

Quote from: thejerseyguy on April 07, 2016, 08:56:17 PM

In the layman interpretation on this link: http://tinyurl.com/hgcutun
It says:

Was this on private property?

yomo · « **Reply #182 on:** April 08, 2016, 02:27:16 AM »

Quote from: henche on April 08, 2016, 12:31:57 AM

Was this on private property?

I would think Coventry is private property. It's basically a condo association.

thejerseyguy · « **Reply #183 on:** April 08, 2016, 06:54:32 AM »

Quote from: yomo on April 08, 2016, 02:27:16 AM

I would think Coventry is private property. It's basically a condo association.

Coventry is private property, but iirc there is a local ordinance specifically about parking between the lines in coventry.
On the other hand this does not seem to be a police requested towing.

churnbabychurn · « **Reply #184 on:** May 13, 2016, 11:30:54 AM »

My landlord supplies the washing machine. We put a towel with some mud in it and it broke. ( we obviously didn't realized that it would break) .

The guy said they will charge me a new washing machine!

The lease says the following:

Quote

21. APPLIANCES SUPPLIED WITH RENTAL UNIT
Each rental unit shall be supplied by owner at owner's expense in good working condition: A) 30 inch Gas Oven B) Frost Free Refrigerator
C) Under Counter Dishwasher (if available) D) Washing Machine & Gas Dryer (if applicable) E) Sleeve Air Conditioner or Central Air Heat
& Air Conditioning Unit F) Microwave (if applicable). Tenant shall maintain in good condition.

And also :

Quote

Tenant shall take good care of the premises and its fixtures . Tenant ·shall be responsible for any damage caused to the premises
through misuse, neglect or negligence of the Tenant.

Can they make me pay???

AJK · « **Reply #185 on:** May 13, 2016, 11:34:13 AM »

What's the thought you should *not* have to pay?

benjie1305 · « **Reply #186 on:** May 13, 2016, 11:37:03 AM »

Without being a lawyer it still sounds pretty clear to me:

He provided a washing machine in good condition.

You "shall be responsile for *any* damage caused through misuse or *neglect*"

I'd think the cost is on you.

churnbabychurn · « **Reply #187 on:** May 13, 2016, 11:45:03 AM »

Quote from: benjie1305 on May 13, 2016, 11:37:03 AM

Without being a lawyer it still sounds pretty clear to me:

He provided a washing machine in good condition.

You "shall be responsile for *any* damage caused through misuse or *neglect*"

I'd think the cost is on you.

Wow, a muddy towel is neglect!?
It's normal use.

username · « **Reply #188 on:** May 13, 2016, 11:46:19 AM »

IANOL, but call the washing machine company and ask if their machines should break when washing a towel with mud on it.

churnbabychurn · « **Reply #189 on:** May 13, 2016, 11:48:39 AM »

Quote from: username on May 13, 2016, 11:46:19 AM

IANOL, but call the washing machine company and ask if their machines should break when washing a towel with mud on it.

The argument was " well it broke because of your towel.." Facts..

username · « **Reply #190 on:** May 13, 2016, 11:53:32 AM »

Quote from: churnbabychurn on May 13, 2016, 11:48:39 AM

The argument was " well it broke because of your towel.." Facts..

True. But the question is , is that considered

Quote

misuse, neglect or negligence of the Tenant

If the company says that their washers cannot handle that, then it is misuse..., if they are supposed to handle it, then its not misuse...

churnbabychurn · « **Reply #191 on:** May 13, 2016, 12:07:58 PM »

Quote from: username on May 13, 2016, 11:53:32 AM

True. But the question is , is that consideredIf the company says that their washers cannot handle that, then it is misuse..., if they are supposed to handle it, then its not misuse...

This can clearly go either way.
The question is who has the burden of proof etc

henche · « **Reply #192 on:** May 13, 2016, 12:11:48 PM »

It's neglect if you don't call the company before you put anything in?

What if the company says it can't handle socks?

If the washer couldn't handle a dirty towel, maybe landlord hasn't supplied a washer in good working order at all?

churnbabychurn · « **Reply #193 on:** May 13, 2016, 12:13:24 PM »

Quote from: henche on May 13, 2016, 12:11:48 PM

It's neglect if you don't call the company before you put anything in?

What if the company says it can't handle socks?

If the washer couldn't handle a dirty towel, maybe landlord hasn't supplied a washer in good working order at all?

You're hired! (On a contingency bases)

Can we sue the landlord, washing machine and towel manufacturers?
What you think we can make?

sedge · « **Reply #194 on:** May 13, 2016, 12:16:46 PM »

Did the landlord provide you with the manufacturer's user manual? Did you have a duty to read it?

If not, was it your duty to acquire the manual?

Does the manual give any warnings as to placing muddy towels or something equivalent? Were you on notice of a particular limitation?

Would a reasonable, prudent person know or should have known that the muddy towel would have caused the damage that resulted?

Were there any intervening factors? i.e., How old was the washer? Was it near or past its warranty? Was it near or past the industry's average useful life?

Would it have broken anyway washing a non-muddy towel?

henche · « **Reply #195 on:** May 13, 2016, 12:18:01 PM »

Do you have a terrible relationship with landlord? Is the machine really broken completely? Can you talk nice to him?

churnbabychurn · « **Reply #196 on:** May 13, 2016, 12:18:33 PM »

Quote from: sedge on May 13, 2016, 12:16:46 PM

Did the landlord provide you with the manufacturer's user manual? Did you have a duty to read it?

If not, was it your duty to acquire the manual?

Does the manual give any warnings as to placing muddy towels or something equivalent? Were you on notice of a particular limitation?

Would a reasonable, prudent person know or should have known that the muddy towel would have caused the damage that resulted?

Were there any intervening factors? i.e., How old was the washer? Was it near or past its warranty? Was it near or past the industry's average useful life?

Would it have broken anyway washing a non-muddy towel?

No manual was given or mentioned.

It's definitely out of the manufacturers warranty. .

I'm a normal prudent person.. Didn't think it should break. - wasn't that muddy...

All good points though!

AJK · « **Reply #197 on:** May 13, 2016, 12:24:20 PM »

He clearly believes you broke it. As such, your problem is he can simply slap the cost onto your next rent bill and then you'd either have to pay it or risk him starting a non-payment or holdover proceeding for breach of the lease.

sedge · « **Reply #198 on:** May 13, 2016, 12:24:21 PM »

Quote from: churnbabychurn on May 13, 2016, 12:18:33 PM

No manual was given or mentioned.

It's definitely out of the manufacturers warranty. .

I'm a normal prudent person.. Didn't think it should break. - wasn't that muddy...

All good points though!

Standard analysis of negligence.

churnbabychurn · « **Reply #199 on:** May 13, 2016, 12:35:30 PM »

Quote from: henche on May 13, 2016, 12:18:01 PM

Do you have a terrible relationship with landlord? Is the machine really broken completely? Can you talk nice to him?

Eta. The guy just finished playing with it. Turns out the pump wasn't burnt out after all. Just clogged or whatever.

BH.