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Environmental Questions & Answers

1 Answer | Asked in Real Estate Law, Environmental, Health Care Law and Landlord - Tenant for Ohio on

Q: Renting in Ohio, landlord did not disclose mouse infestation and mold before leasing. Can I break my lease early?

Been dealing with mouse infestation since moving in to house in November 2019. Landlord admits to issues x 12 years with pest control and bait stations around the house to keep "in-check" however we continue to catch mice in regular traps and have droppings in drawers and on the floor. I have to... Read more »

Taylor P Waters answered on Aug 21, 2019

Likely, yes. As part of the landlord tenant act, landlords must do the following: (1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety; (2) Make all repairs and do whatever is reasonably necessary to put and keep the... Read more »

1 Answer | Asked in Consumer Law, Energy, Oil and Gas and Environmental for New York on

Q: I had my furnace replaced in Feb of 2019. It was never installed properly, I'm now getting the run-around, what to do?

My husband knew something wasn't right with the install, we had them come over several times as our humidity was was out of control. Every time a tech came over, they insisted that all we needed was to spend thousands more to get a whole home dehumidifier. One time they were at my home inspecting... Read more »

Michael David Siegel answered on Aug 20, 2019

If there is a warranty, make a claim. You can also do a small claims case for the damages.

1 Answer | Asked in Business Law and Environmental for Indiana on

Q: Is it unlawful to place church invitations on doors in Indianapolis Indiana?

We are not selling anything, but rather just inviting others to our church services and or events... such as a free carnival for the entire community.

Tim Akpinar answered on Aug 16, 2019

In the past, it would have been no big deal. However, some communities and associations have rules prohibiting flyers, brochures, or similar materials. It could be worthwhile to confirm there are no local rules against it. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Environmental and Insurance Bad Faith for Ohio on

Q: If a neighbor did major work next to your property line to run storm water pipes on to your property should you be told

And to find out the neighbor had been plotting this move for over a year after the head of soil and conservation advised neighbor not to block the watercourse THATS been their for 100+ years so the neighbor gets a permit to put in a WMSC and now we are getting all of the pollutions from the... Read more »

Bruce Martin Broyles answered on Aug 15, 2019

Your neighbor cannot alter the course of the natural flow of water onto your property. The permits and zoning do not determine whether he has a right to adversely effect your property. You have rights that should be enforced through a complaint for trespass and request for mandatory injunctive... Read more »

1 Answer | Asked in Criminal Law and Environmental for Mississippi on

Q: Can you be a victim and a suspect in the same case

Tim Akpinar answered on Aug 10, 2019

Yes, this can happen in a countless number of settings. Since your question is in the Environmental category, here is an illustration of how the scenario you describe might materialize. A crew member of the deck department of a ship is on navigational watch as the ship transits a channel. He... Read more »

1 Answer | Asked in Business Law and Environmental for Pennsylvania on

Q: Are there any fines associated with an open or lidless dumpster?

Nellie T Schulz answered on Aug 2, 2019

You don't say who issued you a fine, whether a fine was issued or where the dumpster was located. My guess is that if your local township issued the fine, you need to contact them to find out what the rules are regarding lids on dumpsters.

1 Answer | Asked in Environmental, Real Estate Law and Construction Law on

Q: Is there a way to live without a septic system? i.e, How does one legally dispose of waste and waste water without one?

Location: Rural, 1 acre of land, water well present, very very small house. How can a Legally achieve what I am trying to do?

Tim Akpinar answered on Jul 31, 2019

A place to start could be to research different types of septic systems (there are a number of alternate designs other than the traditional ones commonly used) and speak with installation contractors. There are also electric incineration systems. This is more of a technical question than a legal... Read more »

1 Answer | Asked in Construction Law and Environmental for Minnesota on

Q: Looking for advice on what/if any action I could take against a contractor for lead exposure.

I had a home renovation done ~2 years ago where the contractor removed some siding that has high lead levels in the paint. Fast-forward to today, my (new) daughter's lead test came back high (8.6). I'm trying to figure out what, if any, steps I could take against this contracting company for their... Read more »

Tim Akpinar answered on Jul 27, 2019

I'm sorry for the high lead levels your daughter exhibited. You could contact a Minnesota injury attorney to discuss the matter in further detail, and it would be preferable if the attorney was experienced in toxic tort type of matters, involving exposure to hazardous substances. Given the passage... Read more »

1 Answer | Asked in Civil Rights, Environmental and Gov & Administrative Law for California on

Q: Stop code enforcement from hitting returnees with violations with hefty fines in paradise, CA. can anything be done?

Some of us are starting to receive violation notices from the city of paradise for code violations that are 2 months old along with the hefty fines for each. We were told that we would fall under a disaster ordinance upon return and I believe for up to 18 months. Now it is said only 180 days. the... Read more »

Louis George Fazzi answered on Jul 26, 2019


You need to get familiar with the City's Municipal Code right away. You and the others like you should appeal every citation you get. Get yourselves a good civil rights lawyer who can represent you in every citation case.

Find yourself a good lawyer who has...
Read more »

1 Answer | Asked in Construction Law, Constitutional Law, Environmental and Land Use & Zoning for Pennsylvania on

Q: Our development is flooding from heavy rains since a new massive development was added roughly 5 years ago. Any options?

Hello, our development rain water drainage is backing up and flooding our homes since a new development was added next to us down stream of our run off. Our township was told by an engineer that our catch basin would NEVER pass code today and that is overflowing into neighbors yards, pipes can't... Read more »

Tim Akpinar answered on Jul 26, 2019

As you and your neighbors already realize, this is a very complex situation. It's the type of matter that if litigated, could drag on for years in court and easily accrue very high legal fees. It would very likely involve expert testimony from civil engineers, architects, urban planners, and other... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Real Estate Law and Environmental for Oregon on

Q: I am a land owner in mult co. Having some major logging done. Company is grossly unprofessional. I need legal advice!

I live in multnomah county in Corbett. The logging outfit has all but quit, with a huge mess, not fixing the driveway or regraveled, and still many trees left to cut down and haul to the lumbermill! I have 12.75 acres and this is a huge undertaking! I have bills to pay and trees to replant. With... Read more »

Joanne Reisman answered on Jul 25, 2019

You will have to consult an Attorney because I would expect you signed some type of contract or paperwork and part of the answer to your question is figuring out what your rights or liabilities are under the contract. Sometimes you need to take formal steps like have an Attorney write a letter to... Read more »

1 Answer | Asked in Family Law and Environmental for Michigan on

Q: I currently living with my parents and they want to kick me out of the house.

The bill is under my name. The house almost payoff. Co-owner with them.

Kenneth V Zichi answered on Jul 25, 2019

Without more detail it is impossible to provide a specific answer, and frankly, more specifics in a public forum would be inapporopriate. PLEASE consult with a local real estate attorney to review your whole situation and provide you real advice.

That said, if you are a 'co owner' it is...
Read more »

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Louisiana on

Q: Do I have any recourse or a case?

During heavy rains, the small storm drain in front of my house gets overwhelmed and water backs up indoors. The city cleaned ditches for me once; the next time I contacted them they ignored me. This is not a flood zone at all. This is a miserable situation. Is the city responsible? If not, who? I... Read more »

Tim Akpinar answered on Jul 21, 2019

One option you could try is to contact a member of your local government for your district, maybe a city council member or someone along those lines. If the situation you describe is something that other residents in the vicinity are also experiencing, it's possible that an elected official might... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Energy, Oil and Gas and Environmental for Indiana on

Q: Hot water heater leaking gas (14% concentration) per NIPSCO. Gas company turned it off on June 21.

Land lord was notified via text message on the 21th. Promised to have someone fix it. It has not been done as of 7/6/19 nor has she responded to my text I sent 1 week ago asking about the status of the repairs. I have not had any hot water in my home since 6/21. I have rented a hotel room once a... Read more »

Bruce Alexander Minnick answered on Jul 8, 2019

While your written lease terms will control this unusual situation==generally speaking--landlords are responsible to make sure that their leased property is suitable for living; and tenants do not have to remain in structures that are not in livable condition. Absent some unforeseen issues, IMO,... Read more »

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Federal Crimes for New York on

Q: What did you major in for your BA/BS? Was it a BA or BS? When did you know you wanted to be a lawyer?

I just switched my education path to Political Science and wondering where I can take it

Gary Kollin answered on Jul 7, 2019

This not a legal question

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2 Answers | Asked in Environmental and Real Estate Law for Maryland on

Q: Is there a difference between water quality inspection and a well inspection?

Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop

Richard Sternberg answered on Jun 14, 2019

When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".

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2 Answers | Asked in Environmental and Landlord - Tenant for Florida on

Q: We have mold and mildew in our house in the attic under the kitchen sink and the water smells like rotten eggs

Our daughter has been to the hospital 5 or 6 times in one month

Bruce Alexander Minnick answered on Jun 11, 2019

Contact the local county health department about this health problem, right away.

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1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on

Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants responsibility to make... Read more »

Michael David Siegel answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

1 Answer | Asked in Environmental for Colorado on

Q: what standard is used when the environmental process is challenged in court

Tim Akpinar answered on May 22, 2019

There could be a number of different standards. As a general matter, a process could be challenged if it was found to violate the Clean Air Act, Clean Water Act, Toxic Substances Control Act, or other regulations.

Tim Akpinar

1 Answer | Asked in Criminal Law, Civil Rights and Environmental for Oklahoma on

Q: The Public's right to access and clean up public land

Does the public have the right to access public land for the purpose of cleaning up and remove trash materials

Keegan Kelley Harroz answered on May 13, 2019

Please repost with a question.

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