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Questions Answered by Gregory Andrews Cade

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Texas on

Q: Landlord refuses to repair or address anything including *High* levels of Toxic mold found growing in his home.

As of today's date landlord still has refused to fix or repair anything upon our move on October 1st, 2017. Now "Elevated Levels" of mold has been discovered including a "Toxic Mold" Landlord refused to pay for the mold test so again that came out of our pocket. We have spent close to $4,000 in... Read more »

Gregory Andrews Cade answered on Feb 22, 2018

According to the warranty of liability implied by your lease, the landlord is responsible with ensuring safe living conditions in the rental unit for their tenants, which includes promptly attending to any issue which threatens their health. Therefore, you were not obliged to pay the cost of mold... Read more »

1 Answer | Asked in Landlord - Tenant for Indiana on

Q: If forced out of my rental for 10 days for asbestos tape on ductwork and furnace removal can I deduct from rent

Gregory Andrews Cade answered on Feb 22, 2018

If your landlord did not provide you with alternative accommodation during the time the repairs were taking place, the answer is yes. You have the right to deduct the cost of your temporary accommodation from the rent.

1 Answer | Asked in Consumer Law and Landlord - Tenant for Oregon on

Q: I have damage and mold from a burst pipe and the landlord won't fix it or anything in the house what rights do i have?

2 years ago when we had record rains in Dec out house we rent shifted and raised the flooring in the kitchen like the beam is pushing up. my husband noticed the kitchen floor was getting wet. he looked under the sink and saw the brand new garbage disposal was leaking he was cleaning it up and... Read more »

Gregory Andrews Cade answered on Feb 22, 2018

While there is no law which clearly concerns mold exposure in rental buildings, the landlord is responsible with providing tenants with adequate living conditions under the warranty of habitability, which includes taking care of mold contamination. You should not have to pay for having this issue... Read more »

1 Answer | Asked in Civil Litigation and Personal Injury for California on

Q: Two weeks ago a company came and cleaned my basement crawl space. Today i notice light leaking though my vent in the

living room. I went and showed a light in the crawl space and there is abestos heat vent pipe cracked that goes right to our living room and where my two month old daughter nurses less then three feet from said vent. I brought the company into my house to make it safer for my baby and they made... Read more »

Gregory Andrews Cade answered on Feb 22, 2018

As long as the asbestos exposure your daughter underwent did not result in a disease, you do not have a personal injury case and thereby, taking legal action against the company you hired is a futile endeavor. In fact, it is actually impossible for your daughter to become ill in the near future, as... Read more »

1 Answer | Asked in Employment Law for Louisiana on

Q: If a chemical is being used and the company is not following the manufacturers use guidelines and causes occupational

asthma is there legal grounds to take against the company?

Gregory Andrews Cade answered on Jan 23, 2018

Yes. If you develop a health problem as a result of workplace exposure to a toxic agent, you can take legal action against whoever is responsible for your injury and recover the compensation you deserve. Supposing the manufacturer provided the company with adequate guidelines on how to use their... Read more »

1 Answer | Asked in Civil Rights, Personal Injury and Criminal Law for Oregon on

Q: can the courts make you clean asbestos from a torn down house as part of your community service

Gregory Andrews Cade answered on Jan 23, 2018

Since asbestos is a carcinogenic agent which needs to be carefully handled, the answer is no. Removing asbestos can entail tremendous health consequences, as well as serious environmental contamination, if performed incorrectly. Therefore, it is a job which must be left to professionals who have... Read more »

1 Answer | Asked in Military Law and Personal Injury for Alabama on

Q: Do I have a viable lawsuit?

I have suffered from various illnesses since infancy. My father is a veteran who served in the Gulf War. He believes my health problems are due to chemicals he was exposed to in the war. He would like to know if I have a viable lawsuit again government. If so, how would I go about proceeding?

Gregory Andrews Cade answered on Jan 23, 2018

This is a very complex situation for which you need to contact a legal expert in cases of toxic exposure. It requires thorough evaluation, which I or another lawyer cannot provide without knowing more information about your case. Depending on a variety of factors, such as the severity of your... Read more »

1 Answer | Asked in Wrongful Death for New York on

Q: My mom died of a rare cancer and was exposed to known carcinogenic chemicals at her work before her death

- we suspect a link. This happened whenI was a minor. Am I able to sue now that I'm over 18?

Gregory Andrews Cade answered on Jan 23, 2018

The statute of limitations for wrongful death lawsuits in New York is 2 years. Consequently, if a longer time elapsed from the passing of your mother, I am afraid you can no longer take legal action against her former employer. If, however, you find yourself within the 2-year time frame, you can... Read more »

2 Answers | Asked in Personal Injury, Wrongful Death and Products Liability for Arizona on

Q: My wife (age 52) passed away from ovarian cancer in January, 2017. She was a long time user of J&J Baby Powder.

We were married for 27 years and she was virtually a daily user of J&J Baby powder as a feminine hygiene product. What are my next steps in pursuing a case?

Gregory Andrews Cade answered on Jan 23, 2018

My deepest condolences on the passing of your wife. Talcum frequently occurs in close proximity to asbestos deposits in the earth, so contamination is nearly inevitable. Despite the refining process it undergoes prior to making it to the final product, significant traces of asbestos are often still... Read more »

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1 Answer | Asked in Personal Injury for Illinois on

Q: My kids has lead posioning from our house I was wondering if I can sue?

The lead is in our water, as well as well as our windows that a company installed. But on our part the lead is on our stairs. So I was wondering if I still have a case.

Gregory Andrews Cade answered on Dec 27, 2017

Yes. If exposure to lead has resulted in health problems, you can successfully file a personal injury lawsuit against whoever is responsible for the contamination. Please contact a lawyer specialized in Environmental Law and they will gladly assist you with recovering financial compensation. They... Read more »

1 Answer | Asked in Real Estate Law for North Dakota on

Q: Can I get out of contract for deed if seller failed to diclise lead paint in house

Health department and federal epa already involved my kids are sick and federal law says she had to disclose lead or posibility of lead in houses older than 1978

Gregory Andrews Cade answered on Dec 27, 2017

Although a real estate attorney is the legal professional who can provide you with a specific, informative answer, I think you cannot successfully file a lawsuit against the former homeowner for failing to disclose the presence of lead paint on the property. According to the law, the seller is... Read more »

1 Answer | Asked in Real Estate Law for Wisconsin on

Q: I purchased a house about 6 months ago. The sellers listed on condition report, no asbestos.

It was determined after closing there is a significant* amount of vermiculite which is generally considered asbestos under Wis. Admin. Code Chapter DHS 159.04(41) . [Until it is tested per EPA guidelines.] Some of the vermiculite is visible in some of the upstairs crawlspaces, even without... Read more »

Gregory Andrews Cade answered on Dec 27, 2017

While the law requires the seller to disclose the presence of asbestos on the property to prospective buyers, taking legal action will most likely be a futile endeavor, since you will have to prove that they were aware of the existence of the carcinogen in the house. They might have not known... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Texas on

Q: How can I get out of my lease from mold?

Im renting an apartment in San Marcos, TX. When Hurricane Harvey hit my apartment got hit pretty bad. I then realized I had mold in my apartment. I put in several work orders, went to the front office every other day with pictures, and even emailed the manager of the compelx. It took them a month... Read more »

Gregory Andrews Cade answered on Oct 29, 2017

If you already put at least two work orders in writing and your landlord failed to properly take care of the mold contamination within a reasonable time, you can terminate your lease without penalty, which should also be done in writing. As long as you do not owe rent or any other payment to the... Read more »

1 Answer | Asked in Landlord - Tenant on

Q: We rented a house with mold and roach infestation.can we get rent and deposit back even though we signed a lease

He promised it would be clean, but it is filthy with mold and roaches. We have small children

Gregory Andrews Cade answered on Oct 29, 2017

The landlord has the obligation to notify prospective tenants with regard to any issues present on the rental property which might pose a danger to their health, including mold contamination and pest infestation, prior to signing the lease. Accordingly, if your landlord wittingly omitted to... Read more »

1 Answer | Asked in Environmental for California on

Q: Can I sue a company for mishandled regulated chemicals

My roommate works in pest control in California with regulated chemicals but does his work clothes laundry here in the shared apartment units when I know other companies pay to have their uniforms done by a professional cleaning service is it illegal for his company to not provide laundry service... Read more »

Gregory Andrews Cade answered on Oct 29, 2017

If you did not suffer a severe injury as a result of exposure to the chemicals on your roommate’s work clothes, taking legal action against the employer will most likely be a fruitless endeavor. Whether the practice of having workers clean their own uniforms is legal highly depends on what... Read more »

1 Answer | Asked in Environmental for New Jersey on

Q: Can I bring a class action suit against JCP&L?

I live in a residential zone in a small town along the Jersey Shore. For some reason, JCP&L operates a sub-station in my same residential zone. In addition to polluting the environment with EMFs, they are pervasive, constant noise polluters. They disregard the town's zoning and community... Read more »

Gregory Andrews Cade answered on Oct 29, 2017

Yes, initiating a class action lawsuit might be a good idea if there have been multiple complaints from residents which the company failed to promptly resolve. Depending on the extent of the problem, JCP&L may be held liable for corporate misconduct and/or environmental damage. However, before... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on

Q: My landlord is evicting me because I withheld my rent due to mold in my apartment, will I lose my case?

I already put in my 60-day notice because they've already allowed me to break my lease but, they still have not fixed the mold in my apartment (only painted over it).

Gregory Andrews Cade answered on Oct 8, 2017

Withholding rent is a reasonable and completely legal decision if your landlord fails to ensure the property you occupy as a tenant is in habitable condition throughout the entire duration implied by your lease agreement. As long as the presence of mold on the property can be proven and you have... Read more »

1 Answer | Asked in Landlord - Tenant for Illinois on

Q: I rented a house with black mold I became ill, is there anything I can do. I moved out early and terminated my lease

City of Carbondale inspected and knew about the issues but did not follow up on compliance dates, I had property damage due to the mold and numerous health issues. I have photographs of the black mold. The owner has refunded me part of my security deposit and feels as if that is enough. I feel I... Read more »

Gregory Andrews Cade answered on Oct 8, 2017

The landlord has to comply with the warranty of habitability most rental leases include, which obligates them to permanently ensure that tenants occupy a safe, hazard-free property. Black mold is notorious for causing a wide range of serious health issues, from severe allergic reactions to... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on

Q: Our Real Estate Agent didn't let the buyers know there was abestoes. What are our legal actions

The Real Estate Agent went into Agreement with My Sister who has power of Attorney for my mother, who has severe dementia. My Sister gave power of attorney to my Brother (who lived in the house) so he could sell the house. My brother signed the contract between the Real Estate Agent and himself... Read more »

Gregory Andrews Cade answered on Sep 9, 2017

Disclosure of asbestos is mandatory, regardless of whether it poses a health hazard or not. While the presence of asbestos-containing materials is to be expected in the vast majority of old buildings, the seller is required by law to notify future owners with regard to the existence of such... Read more »

1 Answer | Asked in Landlord - Tenant for Washington on

Q: Do we need to disclose asbestos for rental if under 0.01

We had the popcorn ceiling removed by a general contractor but he contaminated the home. Then we hired a L&I approved asbestos abatement contractor to completely clean the home. They also did a air quality test after that to make sure the limit is less than 0.01.

Do we need to mention this... Read more »

Gregory Andrews Cade answered on Sep 9, 2017

No. While landlords are required by law to disclose the presence of asbestos which implies a health hazard on the property, notifying tenants in this regard is no longer necessary if the problematic materials were adequately removed from the building. Therefore, since asbestos was thoroughly abated... Read more »

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