Author Topic: Any Lawyers out there of whom I may ask a question?  (Read 45007 times)

Offline henche

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Re: Any Lawyers out there of whom I may ask a question?
« 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?


Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #196 on: May 13, 2016, 12:18:33 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!

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« 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.

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Offline sedge

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #198 on: May 13, 2016, 12:24:21 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.

Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #199 on: May 13, 2016, 12:35:30 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.


Offline churnbabychurn

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #200 on: May 13, 2016, 12:35:49 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.
Was exactly my concern.

Offline henche

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #201 on: May 13, 2016, 12:48:00 PM »
Next time use more of a clay, than mud.

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #202 on: May 13, 2016, 02:07:00 PM »
Eta. The guy just finished playing with it. Turns out the pump wasn't burnt out after all. Just clogged or whatever.   BH.


You still need to pay the lawyer fees.  :)
^^^

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #203 on: May 13, 2016, 05:11:28 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.
Lakewood is probably different. But in NYC that would never fly.

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #204 on: May 13, 2016, 05:20:43 PM »
How's that?
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Offline aygart

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #205 on: May 13, 2016, 05:22:24 PM »
He clearly believes he can get you to pay for it.
FTFY. This is West Gate as the landlord, no?
You have the right to remain silent. Anything you say can and will be used to start a religious discussion.

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #206 on: May 13, 2016, 05:30:21 PM »
How's that?
LL would never win such a holdover. Only risk is if apt in unregulated and you are afraid LL wont renew for this (unlikely)

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #207 on: May 13, 2016, 05:41:12 PM »
I'm not talking about winning. I'm talking about the headache it entails.
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #208 on: May 13, 2016, 05:45:21 PM »
I'm not talking about winning. I'm talking about the headache it entails.
Exactly why the LL wont bother starting! Plus LL wont get rent until they go to court. Which at that time the tt can become a real d*ck back and start asking for an abatement, general repairs, harassment, etc. Especially if TT seeks legal counsel

Offline AJK

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Re: Any Lawyers out there of whom I may ask a question?
« Reply #209 on: May 13, 2016, 05:49:29 PM »
Happens all the time, my friend.
2015: 116K bkd | 1.6M brnd | F: OZ,NH,AA,EK | J: UA,CA,TK,DL,TN,AF,VA | LIH,NRT,ROR,PEK,CNS,BOB,MEL,TLV & Pacific Hopper