by Paul MankinWhy Cockroaches In The Home Are A Danger To Your Health
On behalf of Law Office of Paul Mankin posted in blog on Friday, September 8, 2017.
There are certain critters and creatures you never want to see in the place you call home, and cockroaches tend to rank high on the list. In addition to their unsightly, unsettling appearance, cockroaches can actually impact your health negatively, so it is in your best interest to have them removed from your home as quickly as possible while taking strides to keep them out for good.
Common grounds for cockroaches
If your apartment or rental home has cockroaches, you will most likely encounter them in the kitchen or bathroom, as they gravitate to areas where food and moisture are plentiful. You may also be more likely to find them in your home if you live in a multi-unit apartment building, because an infestation in one apartment can quickly spread to others in the same building.
Health concerns
While cockroaches are unappealing and often smelly, they can also impact your and your family’s health. Often, people who are exposed to cockroaches in the home complain of symptoms including respiratory issues and gastrointestinal distress. Many people with allergies are also sensitive to cockroaches and the debris they leave behind, which can lead to asthma attacks, particularly among children. This is primarily the case because younger children are more likely to spend considerable time indoors where they exposed regularly to cockroach antigen and other allergens.
Eliminating cockroaches
If you are a renter and find evidence of cockroaches in your home, contact your landlord immediately. He or she has a duty to remove them promptly and efficiently. In the meantime, you can take steps to reduce their reappearance by promptly cleaning up food and dishes, seeing that any leaky pipes or fixtures are repaired and reducing clutter in your home in areas cockroaches may like to hide.
Eliminating cockroaches is crucial, but so is preventing them from coming back. Talk to your landlord about a plan to remove them from your home once and for all.
by Paul MankinPossible Indications Of Lead Paint Exposure
On behalf of Law Office of Paul Mankin posted in blog on Wednesday, September 6, 2017.
Lead poisoning can have serious, lifelong effects, and children are often among its littlest victims. Even though lead paint is no longer in use, it remains prevalent in many older buildings, and your landlord has a duty to warn you of any potential exposure risks and minimize them as much as possible.
Most lead poisoning cases result from prolonged exposure, and children are often particularly susceptible if they live in homes that have chipped or peeling paint, and if they tend to place things in their mouths. If you suspect your child may have lead poisoning, keep an eye out for the following possible symptoms:
Potential signs and symptoms of lead exposure or poisoning
Following prolonged exposure to lead, your child may experience cramping, vomiting or constipation. He or she might also develop headaches, anemia, high blood pressure or “pins and needles” sensations throughout his or her extremities. You may notice emotional and behavioral changes in your child as well, as he or she may become more irritable, aggressive or fatigued than typical. You may also notice a reduction in your child’s developmental skills, and this may be more common among younger children.
Symptoms of high-dose exposure
In rare cases, your child may suffer exposure to large amounts of lead in a short period. In such cases, you should seek immediate medical treatment, so be on alert for severe abdominal cramping or vomiting, seizures, stumbling around when walking and muscle weakness.
Potential long-term effects
The possible long-term effects of lead exposure are considerable, and this is again particularly true among children, who have brains that are still developing. If your child is repeatedly exposed to lead at a young age, it may lead to decreased academic performance, low IQ, hearing problems, learning struggles and growth delays.
If you believe your children are at risk of lead poisoning because of your living conditions, notify your landlord immediately.
by Paul MankinCan I Move Out Before My Lease Is Up?
On behalf of Law Office of Paul Mankin posted in blog on Friday, August 4, 2017.
Renting an apartment in the Los Angeles area comes with a lot of rules. Knowing your rights and responsibilities can help you avoid many types of difficult situations.
One common question people ask is whether they can break their lease. There are many reasons a tenant might want to move out before the lease is up. Maybe you found a better place, took a job in another state or are sick of dealing with problems at your current location. Certain circumstances do allow you to break a lease.
Terminating for uninhabitable conditions
California landlords bear the responsibility of ensuring habitable conditions for their tenants. Failure to do so may entitle the tenant to legally end the lease and move out.
Before doing so, you must notify the landlord of the problem and allow a reasonable amount of time for repair. You may use any method to notify. However, in the interests of having proof in case of later challenges, you may want to send written notice via certified mail.
What amount of time is reasonable to wait for repairs depends on the specific condition. While most people can wait a few days for an exterminator to address an infestation, hazardous conditions such as faulty wiring may need immediate attention. You may want to document ongoing conditions by taking photographs.
Your penalties and the landlord’s duty to mitigate
If you do not have legal grounds to end the lease prematurely, you may have to pay the landlord for any months left on your lease that another tenant does not take over. For example, if you have three months left on your lease and the apartment stays vacant for two before someone else rents it, you may need to pay two months’ rent.
However, landlords have a duty to mitigate their losses. This means a landlord cannot simply let your apartment stay vacant and collect rent from you for the rest of your lease. The landlord must actively seek other tenants. If he rejects prospective tenants, he may lose the right to collect rent from you.
by Paul Mankin3 Common Signs Of A Bed Bug Infestation
On behalf of Law Office of Paul Mankin posted in blog on Tuesday, July 11, 2017.
Bed bugs cause discomforting living conditions. If you wake up itchy or notice other suspecting signs, you might be wondering if you have an infestation. You might brush off some signs at first only to realize the problem is worse than you thought.
While detecting a bed bug infestation might seem difficult at first, you can start by looking out for a few clear signs. Keep reading to learn about the most common symptoms of bed bugs in your apartment with information from the United States Environmental Protection Agency.
1. Red and itchy bites
Are you noticing marks on your body each morning? If you see red welts appearing in small clusters, zigzag lines or straight rows, bed bugs might be biting you. The most common place for bed bugs to feed on humans is on exposed skin, such as your hands, arms and shoulders.
2. A gross bed
If bed bugs are biting you, they leave blood stains behind. These stains are usually small and look rusty. Look for stains near the edges and corners of your bed. There may also be dark spots due to excrement. You might also notice shedded skin in the form of brown exoskeletons.
3. An unpleasant smell
A bed bug infestation is characterized by a strong and musty odor. This happens because bed bugs release pheromones. This odor is similar to the smell of a wet towel. If your room is smelling similar to a dirty locker room but you are not leaving wet towels everywhere, you might have a problem.
Bed bugs can cause various types of discomfort and inconvenience. You can develop serious welts that result in scratching and bleeding. They may also start to stain your clothes. If you have a bed bug infestation, you might be able to sue your landlord for a housing code violation.
by Paul MankinMy Car Dealer Demanded That I Return My New Car But Won’t Give Me My Trade-In Vehicle Back, What Are My Rights?
By Law Office of Paul Mankin of Law Office of Paul Mankin on Wednesday, June 28, 2017.
In California, if you recently purchased a vehicle with dealer financing, the dealer is allowed to cancel the contract within 10 days of the contract being signed. If the dealer chooses to cancel the contract within the time allowed, the dealer must give its customer back everything the customer provided to complete the sale. This means that if you traded in a vehicle to purchase the new car, then the dealer must give you the trade-in vehicle back immediately. If the dealer attempts to cancel the contract after 10 days, you are not required to return the new vehicle because the dealer waited too long to attempt to the cancel the contract.
Oftentimes, when the dealer cancels the contract it will say that the trade-in vehicle is already sold so it cannot be given back. Making this statement true or untrue is against the law. Most of the time the dealer makes this statement in an effort to force the customer into signing a new contract with a higher interest and higher monthly payment. Do not allow this to happen to you. If you are being contacted by an auto dealer about returning a vehicle that you recently purchased, it is best to contact an attorney to review your situation.
by Paul MankinMake Sure Your Hotel Room Doesn’t Have Bed Bugs
By Law Office of Paul Mankin of Law Office of Paul Mankin on Tuesday, June 27, 2017.
Here are the top four places to inspect for bed bugs when checking into a hotel room.
Hotel Closet:
Before moving all of your clothes into the closet and laying down in your hotel room, inspect the room for bed bugs and other vermin first. First, check the closet. If the closet is not well lit, use a flashlight and look on the shelves and floor. Also, if there any cracks in the walls, make sure to inspect all of the cracks and crevices. Bed Bugs are transported easily. If the bed bugs move from the closet to your clothes, you could easily bring them home with you.
Mattress Piping:
Bed bugs seem to congregate around the mattress piping. Remove the comforter and sheets on the mattress and inspect all along the mattress. There can be large clusters of bed bugs on the mattress when there is a bad infestation.
Bed Headboard
Next inspect the bed headboard. Even if you did not find bed bugs in the mattress they very well might be hiding in and around the headboard. Pull the bed out from the wall to inspect near the floor and the back of the headboard.
Nightstand and other Furniture by the bed
Finally, make a quick inspection of the nightstand drawers and around the backside of the nightstand. Bed bugs can easily travel from the bed to the nearby furniture.
While this inspection may not completely protect you from being bitten by bed bugs, it will allow you to discover a severe bed bug infestation.
by Paul MankinDoes My Car Sales Contract Allow The Car Dealer To Back Out Of The Sale?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in Consumer Protection on Monday, June 26, 2017.
If you recently purchased a vehicle and are now receiving a call or letter from your car dealer saying it wants the car back, check your sales contract to see if the dealer has the right to back out of the agreement. Typically, there is a provision called “Seller’s Right to Cancel” on the back of the long yellow copy of the contract you were given at the time of purchasing the vehicle. In California, this contract provision usually states that the car dealer has 10 days to back out of the agreement. Although this is a typical provision always double check your contract before returning the vehicle. If your contract does not have this provision or the dealer first contacts you about returning the vehicle after 10 days, you most likely do not need to return the vehicle.
by Paul MankinHow To Research If A Hotel Or Apartment Has Had Bed Bug Complaints?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in blog on Monday, June 26, 2017.
The internet has made it easy for customers and tenants to research and/or report bed bug issues with hotels and apartment complexes. If you have had a bed bug infestation in your apartment or have found bed bugs at a hotel room you have stayed at you can document your experience at bedbugregistry.com and bedbugs.net. Yelp.com is also a good site to document your experience with bed bugs. These sites are also great for potential tenants and hotel guests to research apartments and hotels prior to moving in or planning a trip to make sure that there have not been frequent infestations.
Additionally, in Los Angeles and Orange County if you have a bed bug infestation, contact the county health department to complaint about the infestation. Typically, the health department will send an inspector to the premises to locate and document the bed bug infestation. The health department has the power to order the landlord to eradicate the infestation or the landlord potentially faces fines or being shut down.
by Paul MankinIf The Automobile Dealer Cancels/Rescinds The Sales Contract, What Will Happen?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in Consumer Protection on Thursday, June 22, 2017.
If your auto dealer calls you within the 10-day period after signing the vehicle sales contract, the dealer has most likely lawfully cancelled/rescinded your automobile sales contract. What should happen and what does happen is often very different. What should happen is you give back the car, and the dealer gives you back any down payment and/or trade-in vehicle that you provided at the time of the sale. Basically, when you return the car, you should be given back everything you gave the dealer.
Most of the time the auto dealer does not want to give you back your down payment or the vehicle you traded-in. The dealer wants to try and make more money from the vehicle it already tried to sell you. The dealer will most likely first try to have you sign a new contract. This new contract might have a higher interest rate, require a higher down payment, or require a co-signer. These are all ways the dealer can increase its profit on the sale.
But, if the dealer cancels/rescinds the contract within 10 days, it is your choice whether or not to sign the new contract. If that is what you want to do to keep the car, you can sign the new contract and hopefully, this time the sale will be complete. But, if you do not want to sign the contract and you want all the money back that you gave the dealer and/or your trade in vehicle, the dealer must provide them back to you.
Many times dealers will not be honest with a consumer about their rights in this situation. A consumer might hear from a dealer that the consumer must sign a second contract, that the consumer will not be refunded the down payment, or that the trade-in vehicle has already been sold. These are all ways for the dealer to force you into signing the new contract. Remember you are not required to sign a new contract, and if the dealer refuses to give you back the down payment and/or trade-in, the dealer is breaking the law.
If you believe you have been a victim of auto fraud or yo-yo fraud, feel free to give us a call at 1-800-219-3577 to evaluate your situation.
by Paul MankinIs Your Car Dealership Demanding That You Return The Vehicle That You Just Bought?
By Law Office of Paul Mankin of Law Office of Paul Mankin posted in Consumer Protection on Tuesday, June 20, 2017.
Unfortunately, it is all too common for the following scenario to occur: a consumer goes to an automobile dealership, finds a vehicle to purchase, signs the paperwork, provides the down payment, and drives off with the car. The consumer believes he or she just bought a car and the sale is complete, right? But, several days or weeks later the dealership calls the consumer and demands that he or she return the car.
If this has happened to you, do you have to return the car? The answer is it depends. In California automobile transactions such as this are referred to as a condition sales, spot delivery sales, or yo-yo sales. Most dealership contracts state that the dealer has 10 days from the date of the contract to rescind/cancel the contract. If the dealer contacts within that 10 day period, then the vehicle should be returned. However, if the dealer contacts you after the 10 day period, then the dealer is not entitled to cancel/rescind the contract.
Dealers often contact consumers after the 10 day period demanding that the vehicle be returned. Most of the time the dealers are very aggressive and threaten consumers with repossession, a lawsuit, negative credit reporting, etc. in an effort to harassing consumers into either bringing the vehicle back or signing a new contract. All of these tactics are illegal and there are specific and strict consumer laws protecting consumers from this type of fraud and unfair and deceptive business practices.
If a dealer is calling you demanding that you return the vehicle you just purchase feel free to give us a call at 1-800-219-3577. We will be happy to explain your rights.