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Old 04-30-2008, 11:57 AM
 
3,269 posts, read 9,909,845 times
Reputation: 2025

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Quote:
Originally Posted by Oobie119 View Post
Excuse me but Im not trying for lottery. I want them to clean the place up and compensate us for our bills. Im not going to prevent my daughter from playing on the playground across the street from our home. She loves it, and that's what its for. Surely your not blaming me for this? Why would I LET her run around a playground?? The question is why WOULDN't I?? I am a responsible parent and I watch her closely. That's why she doesn't play on the broken swings. She is a child, and children fall- am I supposed to assume that she's going to fall on broken glass?? It sounds like your blaming me and I don't appreciate that. Your opinion was not necessary.
Why wouldn't you let her? Because you stated over and over it's unsafe. There are many playgrounds that I wouldn't let my children play in and this sounds like one of them. Of course you bear some responsibility, how could you think otherwise?
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Old 04-30-2008, 12:57 PM
 
Location: Bike to Surf!
3,080 posts, read 11,036,258 times
Reputation: 3022
Disclaimer: I'm not a lawyer. I've dealt with lawsuits, but I'm not qualified to give legal advice.

Quote:
Originally Posted by Oobie119 View Post
To make a long story short, the complex we have been renting in for 2 years has gone to crap. We have pot smokers that smoke on their patio causing it to drift to our patio and into our apartment, I am asthmatic and have a heart condition, and we also have a 2 YO. The smell is strong and it happens frequently. They get the pot, from our other neighbors downstairs, who make frequent "transactions" throught the day. My father, a retired narcotics Lt, agrees (he lives with us). The playground is a frequent hang out for underage drinkers, and drug dealers. Bottle caps and broken glass are found throughout the sand. We have had numerous complaints about our unit that were repaired only after reporting it to cooperate office. The grounds are disgusting, and we pay just under $1000/m.
None of this seems really relevant to your case. You should call the police, as you did, if you suspect illegal activity. You might have to insist that they come out and take a report every time, especially if it's only a "nusiance" call, or go down to the local station yourself and fill out a report. The documentation will be useful to have. Did you file any police reports prior to the incident?

Quote:
We have complained, and begged to the complex management about the above problems, nothing is being done. We have called the police a number of times also, only to have them show up 45m-hours later. We have tried to break our lease, hoping for some leeway..nothing, it would cost us $2000.
That's unfortunate. Did you document any of your complaints? A landlord shouldn't try to hold onto a tenant that doesn't want to stay. Your best bet is to make yourself more of a nusiance than you're worth. Call both the manager and the corporate office constantly, research your states anti-slumlord laws and see if you have a valid case for breaking your lease. The health issue might be one. If you believe you have a valid and lawful reason to break the lease, then do so, send them your forwarding address for the return of your deposit and ignore their demands for any extra compensation. If they don't return your deposit, or if they try to take you to court, be prepared to meet them in court with the evidence supporting the lawfulness of breaking your lease. Usually, just citing the appropriate laws, evidence of their disregard for them, and threatening to sue is enough to get back what you are owed and make them give up trying to squeeze you for breaking the lease.

Quote:
Yesterday, our 2yo was happily running to the swings at the playground and fell in the sand, slicing open her chin on a piece of broken glass from a beer bottle. She needed 7 stitches. My husband raised h--- at the office and we turned in all medical paperwork to them. The manager also confirmed later that night, that she did find a broken beer bottle near the swings... We want out, but more so, we want them to pay our medical bills for this incident.. we also want some compensation for the pain our daughter went through. I had to leave the room as they sewed her poor little chin up. I am furious and would like to know your input. No one should have to live in these conditions, and now my beautiful daughter is going to be scarred because of their incompetnece. Is this just apartment living or can we do something??
It probably is their duty to keep the playground clear of debris. However, unless you've got documented evidence that they have been negligent and ignored your complaints, you've only hearsay to support your case. Without evidence of negligence, their liability in the case of an accident caused by "forces beyond their control" (like someone breaking a bottle on the playground) is more difficult to prove. Even if you have evidence of negligence, like another poster pointed out, the lawyer and adjudicators are going to ask you what you were doing letting your daughter play in an area where you knew there were existing hazards.

There's no way you're going to get anything for "pain and suffering" for a cut on the chin, so you might as well forget that. Plus, despite whatever offense you choose to take, it will sound like you are going lawsuit fishing to any lawyer and you'll have a hard time securing respectible representation.

Is the management refusing to help with the medical bills?

You could probably consult with a personal injury lawyer for free. However I doubt very much anyone will take the case on contingency. Unless those medical bills are upwards of 20K, I would forget about lawyers and lawsuits. You could pay 200-500 for a standard "threat letter" to try to scare the management into letting you out of your lease or helping with the medical bills, but there's no garantee that they won't just ignore it.
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Old 04-30-2008, 02:01 PM
 
Location: Crab Key
179 posts, read 1,207,098 times
Reputation: 60
I am not a lawyer, but here is my response based on my limited knowledge of the law:

* in the law, there is an implied covenant of private enjoyment that the landlord owes to his tenants. thus, this guarantees that the tenant's possession will not be interfered with as a result of the landlord's act or omission. other people smoking pot and the smoke seeping into your apartment and causing you medical problems b/c of your asthma is a violation of this implied covenant. so, you can sue for damages (medical bills, attorney fees, the amount that your lease is devalued, etc) but what you really want is to use this as a reason to get out of your lease.

* the landlord owes a duty to maintain common areas to his tenants. since he did not maintain the common area (the sandbox and the playground), he is is liable for your daughter's injuries because of his negligent maintenance of the common area
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Old 04-30-2008, 02:41 PM
 
Location: Sun Diego, CA
521 posts, read 1,624,940 times
Reputation: 326
Quote:
Originally Posted by Oobie119 View Post
To make a long story short, the complex we have been renting in for 2 years has gone to crap. We have pot smokers that smoke on their patio causing it to drift to our patio and into our apartment, I am asthmatic and have a heart condition, and we also have a 2 YO. The smell is strong and it happens frequently. They get the pot, from our other neighbors downstairs, who make frequent "transactions" throught the day. My father, a retired narcotics Lt, agrees (he lives with us). The playground is a frequent hang out for underage drinkers, and drug dealers. Bottle caps and broken glass are found throughout the sand. We have had numerous complaints about our unit that were repaired only after reporting it to cooperate office. The grounds are disgusting, and we pay just under $1000/m. We have complained, and begged to the complex management about the above problems, nothing is being done. We have called the police a number of times also, only to have them show up 45m-hours later. We have tried to break our lease, hoping for some leeway..nothing, it would cost us $2000. Yesterday, our 2yo was happily running to the swings at the playground and fell in the sand, slicing open her chin on a piece of broken glass from a beer bottle. She needed 7 stitches. My husband raised h--- at the office and we turned in all medical paperwork to them. The manager also confirmed later that night, that she did find a broken beer bottle near the swings... We want out, but more so, we want them to pay our medical bills for this incident.. we also want some compensation for the pain our daughter went through. I had to leave the room as they sewed her poor little chin up. I am furious and would like to know your input. No one should have to live in these conditions, and now my beautiful daughter is going to be scarred because of their incompetnece. Is this just apartment living or can we do something??
You probably have at least a couple causes of action. BTW, I'm a law student. You should definitely consult an attorney.

You probably wont be able to do anything about your neighbors causing a nuisance. Call 911 and get them arrested. But, if your contract/rental agreement says that illegal drugs are prohibited, and or they are violating other provisions in their rental contract, you may be able to sue as a 3rd party beneficiary. Again, that is a maybe. Under that, you may be able to sue the landlord for specific performance to have the contractual provisions enforced, your own contract rescinded, or maybe even for damages.

Your better cause of action lies with your daughters injury. The owners of the complex have a duty to their tennants to maintain the premises. They could be liable for negligence as a result of any injuries happening as a breach of their duty.
Here, because your daughter was injured as a result of their negligent maintenance, and because the swing set was made in order to attract children, they had a duty to keep it safe, which they neglected.
Damages for your daughter? Obviously you'll be shooting for her medical expenses. But yes, also go for your daughters suffering. Im sure any jury would be very sympathetic to your situation, espcially considering your daughters injury. Opposing counsel will probably see this and suggest your landlord settle. Squeeze that SOB.

Time to sue those bastards. Hire an attorney! Im sure there may be other theories of liability that you can sue for.

Last edited by wesside; 04-30-2008 at 02:46 PM.. Reason: editing
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Old 04-30-2008, 02:51 PM
 
Location: Crab Key
179 posts, read 1,207,098 times
Reputation: 60
I'm pretty sure that suing for specific performance would not work. Specific performance is falls into a category of equity remedies called injunctions. Equity is designed for relief when monetary damages cannot indemnify you for your loss. It usually applies to the creation of something unique in sales contracts, like a portrait by an artist of certain skill and style. In other words, it applies to contracts whose duties cannot be delegated.
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Old 04-30-2008, 02:51 PM
 
Location: Sun Diego, CA
521 posts, read 1,624,940 times
Reputation: 326
Quote:
Originally Posted by HoneyRyder View Post
* in the law, there is an implied covenant of private enjoyment that the landlord owes to his tenants. thus, this guarantees that the tenant's possession will not be interfered with as a result of the landlord's act or omission. other people smoking pot and the smoke seeping into your apartment and causing you medical problems b/c of your asthma is a violation of this implied covenant. so, you can sue for damages (medical bills, attorney fees, the amount that your lease is devalued, etc) but what you really want is to use this as a reason to get out of your lease.
The Implied Covenant of Quiet Enjoyment may be a possibility. But normally, the landlord has to leave the premises in such a state of disrepair, after notice, that you could not possibly live there. States differ on what "state of disrepair" is.
This can lead to rescission of the lease.
Again, consult an attorney!
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Old 04-30-2008, 02:55 PM
 
Location: Crab Key
179 posts, read 1,207,098 times
Reputation: 60
I think wes and I both agree that your best bet for legal recovery is your daughter's injury.
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Old 04-30-2008, 03:02 PM
 
Location: Sun Diego, CA
521 posts, read 1,624,940 times
Reputation: 326
Quote:
Originally Posted by HoneyRyder View Post
I'm pretty sure that suing for specific performance would not work. Specific performance is falls into a category of equity remedies called injunctions. Equity is designed for relief when monetary damages cannot indemnify you for your loss. It usually applies to the creation of something unique in sales contracts, like a portrait by an artist of certain skill and style. In other words, it applies to contracts whose duties cannot be delegated.
Im referring to the contract. Whereas, her remedy would be the court compelling her landlord to enforce the contractual provisions on the contract. That being, the eviction of her pot smoking neighbors, if the rental agreement contains such a provision.
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Old 04-30-2008, 03:06 PM
 
Location: Crab Key
179 posts, read 1,207,098 times
Reputation: 60
Hm..I believe that is referred to as a mandatory injunction. Specific performance applies to the UCC mostly and sales contracts. A mandatory injunction applies to the common law.
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Old 04-30-2008, 03:14 PM
 
Location: Sun Diego, CA
521 posts, read 1,624,940 times
Reputation: 326
Quote:
Originally Posted by HoneyRyder View Post
Hm..I believe that is referred to as a mandatory injunction. Specific performance applies to the UCC mostly and sales contracts. A mandatory injunction applies to the common law.
Your right.
Its been a while since Ive taken contracts and I dont take remedies until next semester.

Last edited by wesside; 04-30-2008 at 03:16 PM.. Reason: editing
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