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Questions Answered by Gregory Andrews Cade
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Currently renting a condo. Water damage from an above unit has made my kitchen and bathroom unusable. What are my right

Appliances have been removed from kitchen and master bathroom and kitchen need to be ripped out. Do I have a right to ask for grental credit and how much. This has been almost a month ongoing. Haven't checked for mold yet but water restoration man says there's a lot.

Gregory Andrews Cade
Gregory Andrews Cade answered on Aug 20, 2017

According to the warranty of habitability, landlords have to ensure that tenants are permanently benefiting from appropriate living conditions. The warranty of habitability is effective in every U.S. state. Therefore, you will most likely be able to end the lease by bringing up the landlord’s... Read more »

1 Answer | Asked in Landlord - Tenant and Personal Injury for Virginia on
Q: what type of attorney will i need to defend me (landlord) in a mold case?

the was a leaky roof that was repair immediately once my property manger was notified in Aug 2016 shortly after tenant notified property manager of mold someone was sent out to wipe down the walls with clorox solution in Sept. later in late November tenant stated there was mold again. tenant later... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Aug 20, 2017

A landlord and tenant attorney with relevant work experience is usually the most suitable legal professional to represent you under these circumstances. Since they are specialized in handling cases which involve disputes between tenants and landlords, they will certainly be able to provide you with... Read more »

1 Answer | Asked in Civil Rights and Landlord - Tenant for Indiana on
Q: I'm currently renting a house in Indiana and it is of mold. The landlord knows. What should I do?

It started in the basement he told me to use bleach. I told him that doesn't work. He could careless. Then the bathroom sink started leaking he knew and did nothing about until a couple of months ago. There was black mold all up and down the bathroom wall he used bleach on it put a new one in... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Aug 20, 2017

Unfortunately, the state of Indiana has no federal laws pertaining to the issue of mold in rented apartments at the moment. Although landlords have to provide tenants with habitable conditions, they have no responsibility when it comes to mold prevention and remediation from a legal point of view.... Read more »

1 Answer | Asked in Landlord - Tenant for Georgia on
Q: what is my rights as a tenant when it comes to mold being on the property. mold has damage a small storage unit that's

connected to the house and is continuing to spread into the house. outside of the mold issue i really enjoy living in the house and would love to stay if the program were corrected. the owners have had two different companies come out to inspect and they both has state that the storage building... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Aug 9, 2017

At the moment, Georgia has no federal law in this respect. From a legal point of view, landlords do not have any responsibility concerning mold prevention or remediation in the building they rent and they are not required by law to disclose the presence of mold on the property either. However, if a... Read more »

1 Answer | Asked in Landlord - Tenant for Texas on
Q: If I moved into an apartment and it had mold that the management never disclosed, should I get a lawyer?

We moved into the apartment. We found mold growing from behind the showers, we did a mold test and it grew mold, we asked management if there were any cases of mold and they said know. Neighbors have said they have mold and have told management before. We told them about the mold, and they wanted... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Jul 14, 2017

At the moment, Texas does not have any federal law compelling landlords to disclose the presence of mold on a property. Therefore, the landlord is not responsible with informing tenants regarding this issue before signing the lease and cannot be held liable if mold is subsequently discovered in the... Read more »

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: our yard has a layer of asbestos siding buried about 3ft down. Should that have been disclosed when we purchased it?

We bought our home in 2009. There was a tree pushing our retaining wall out (making it fall). We removed the tree. We had to dig into the dirt to get the root system out. This is when we discovered the layer of shingles buried. This was not disclosed when we bought the home. Is the estate we... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Jul 14, 2017

According to the Oklahoma Real Estate Commission, the seller must priorly disclose the presence of any hazardous materials that they know of on the property, including asbestos. However, the seller is exempted from legal consequences if they were not aware of the existence of such materials on the... Read more »

1 Answer | Asked in Real Estate Law for Hawaii on
Q: I purchased a condo 4years ago, but did not receive a disclosure form. I now discover that my ceiling is covered with

asbestos "popcorn" on the ceiling. What is the seller's obligation under hawaii law?

Gregory Andrews Cade
Gregory Andrews Cade answered on Jul 14, 2017

Since the vast majority of houses built before the mid 1980s have asbestos somewhere in their structure, the seller is not required by law to priorly disclose the presence of this toxic agent. Another reason why asbestos disclosure was not deemed necessary by the State of Hawaii pertains to the... Read more »

5 Answers | Asked in Personal Injury, Civil Litigation, Environmental and Landlord - Tenant for California on
Q: Trying to find a lawyer for a toxic mold situation in my mother's senior apartments. What kind of lawyer do I need

have pictures and lab results

Gregory Andrews Cade
Gregory Andrews Cade answered on Jul 14, 2017

A personal injury attorney with solid knowledge of environmental law and, preferably, with relevant experience in toxic exposure cases is the legal professional you are looking for. Nevertheless, you should be aware that unless your mother developed a serious health issue as a consequence of mold... Read more »

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1 Answer | Asked in Business Law and Environmental for North Carolina on
Q: My partner and i want to introduce new paint in usa. Question is if it needs to be subjected to any standardized test
Gregory Andrews Cade
Gregory Andrews Cade answered on Jun 11, 2017

Section 5 of Toxic Substances Control Act (TSCA) mandates anyone who plans to manufacture or import a new chemical substance for a non-exempt commercial purpose to provide the Environmental Protection Agency (EPA) with prior notice. This pre-manufacture notice, or PMN, must be submitted at least 90... Read more »

1 Answer | Asked in Energy, Oil and Gas, Environmental and Gov & Administrative Law for Texas on
Q: Hi, I would like to find all legislations and regulations related to sludge or cuttings reinjection (for oil industry)

Both federal laws and state laws?

Gregory Andrews Cade
Gregory Andrews Cade answered on Jun 11, 2017

The information on these pages should be useful:

https://www.epa.gov/radiation/tenorm-oil-and-gas-production-wastes

http://www.tenorm.com/regs.htm

2 Answers | Asked in Personal Injury, Products Liability and Health Care Law for Maine on
Q: Can I sue a company if their product gave me chemical burns?
Gregory Andrews Cade
Gregory Andrews Cade answered on Feb 22, 2018

Yes. Supposing you used the product in accordance with the instructions on the label, you may have a personal injury case and the company may be hold liable for negligence. I strongly encourage you to take legal action as soon as possible, as personal injury cases have a statute of limitations... Read more »

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1 Answer | Asked in Real Estate Law for Hawaii on
Q: I bought a condominium apartment 4 years ago and was not informed about the existance of asbestos in the ceiling.

what are seller's liability now that I recently discovered asbestos in the "popcorn" ceiling material?

Gregory Andrews Cade
Gregory Andrews Cade answered on May 10, 2017

Sellers have to disclose material facts that they know or should know. Dependent on what it would likely cost to remove the asbestos you can investigate if the seller should have known about it and revealed it.

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

How does location take effect? Roadside, wilderness or even public spaces?

Gregory Andrews Cade
Gregory Andrews Cade answered on May 10, 2017

Hello. For information about personal firewood collection in Oregon forests you can access this link:

http://bit.ly/2qqCEt7

1 Answer | Asked in Environmental for New Jersey on
Q: Who enforces NJSA 26:3D-55 ? local police, state police ?
Gregory Andrews Cade
Gregory Andrews Cade answered on May 9, 2017

You can find information about enforcement against individuals and against a person having control of an indoor public place or workplace by accessing this link:

http://www.njgasp.org/wp-content/uploads/2014/05/nj_admin_code.pdf

2 Answers | Asked in Wrongful Death for Pennsylvania on
Q: How possible do you think it would be to change the statue of limitations in regards to Mesothelioma?

I lost my father in 2008 to lung/brain cancer. He was diagnosed in May and passed in August. He was due to retire in June. We have papers from his Oncologist stating the diagnosis of Mesothelioma as a result of working in a shipyard. My father worked at Wiley's Ship Yard in Port Deposit, Md in... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Sep 9, 2017

Unfortunately, the statute of limitations for wrongful death lawsuits concerning asbestos exposure is preset and thereby cannot be subjected to any change. In Pennsylvania, you have 2 years to take legal action. The statute of limitations becomes effective starting with the date of death.... Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Alabama on
Q: We've notified our landlord of several spots of mold. He had a guy come take samples & we can't get the report. Have kid

We had a bad leak in our laundry room / closet that over a years time took my landlord 4-5 times to finally fix. I've voiced my concerns about mold and mildew in places of my home. In my front closet I had several jackets grow mold / mildew which ruined them. Our landlord had a guy come take... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Oct 8, 2017

While there are no federal laws specifically addressing the issue of mold exposure on rental property, the landlord has the legal obligation to ensure the house or the apartment tenants occupy is in habitable condition at all times. The warranty of habitability, which residential leases include in... Read more »

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1 Answer | Asked in Environmental for Alaska on
Q: is a college liable for clean up costs when an alumnus donates contaminated land. What source will answer this?
Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 19, 2017

If it's a state college, cleaning should concern the U.S. Environmental Protection Agency. Good luck.

1 Answer | Asked in Real Estate Law, Energy, Oil and Gas and Land Use & Zoning for Arizona on
Q: I'm thinking of buying some land. Someone else owns the mineral rights. Can they drill on my land as much as they want?

New Mexico and Arizona Land Company v. Elkins, 137 F. Supp. 767 (D.N.M. 1956) - not sure if this says they can destroy the surface in the mining effort but it seems that's what this decision is saying. Why do they get to operate at will on the surface to take minerals/oil? Doesn't that invalidate... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 19, 2017

In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a... Read more »

1 Answer | Asked in Real Estate Law and Environmental for North Carolina on
Q: If a seller knowingly does not disclose info on the Disclosure form does the current owner have any recourse?

We purchased a home in NC and the seller did not disclose that the kitchen sink, dishwasher and washing machine gray water is pumped into the woods not the septic and our inspector did not catch it. We only found out by accident through a local farmer. Our house is over 50 years old and is... Read more »

Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 19, 2017

The first step is to contact the seller through your realtor and explain the situation to look for an equitable solution first. In case you decide to sue, you have to start out by going after every single party involved, then different parties will be removed as they're exonerated. Good luck.

1 Answer | Asked in Environmental on
Q: using weed killer on land is natural or non natural use
Gregory Andrews Cade
Gregory Andrews Cade answered on Apr 19, 2017

You can use organic methods to get rid of weeds. They may be pricier than chemical sprays and require a time investment, but it’s worth a little extra effort to take care of the weeds in a sustainable way.

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