by Paul MankinWhat You Need To Know About Lead Paint In Your Home
On behalf of Law Office of Paul Mankin posted in blog on Friday, June 16, 2017.
The visible condition of the home you are renting may not be a guarantee that it is a safe place for you and your family to live. Lead paint can be a problem in homes built before 1978, and your landlord might not even be aware of it.
Having a professional inspect your home may be expensive, and your landlord may not want to foot the bill. However, this is an instance where it is worthwhile to investigate for yourself.
Learning about lead
Web MD warns that lead is toxic. Although anyone can absorb lead dust is in the air, very young children can suffer greater exposure due to putting contaminated objects in their mouths. Not only are they at higher risk, they also may suffer more damage because the lead affects their nervous system development.
Testing for lead
It can be a good idea to have everyone in your home screened for lead. Although a positive blood test does not automatically mean the exposure came from your home, it does indicate that you should explore the situation further.
Many do-it-yourself paint testing kits are successful means for identifying lead. Although they are not always easy to use, Consumer Reports states that home lead tests are worth the effort. There are two basic kinds, and that organization recommends you use both, as each may produce a false positive in different circumstances. A sulfide-based kit could give you a faulty result on dark-colored paint, while a rhodizonate-based test may result in a false positive if you are testing pink or red paint. By using both, you eliminate the most potential for error.
Telling your landlord
Although the state of California does not require your landlord to test for lead, once you show evidence that it is present, he should take care of it through removal or encapsulation. Because this may be a serious habitability issue, you may have legal options if your landlord does not take immediate action. You and your family deserve to live in a residence free from the dangers of lead.
by Paul MankinWhat Conditions Make A California Rental Legally Uninhabitable?
On behalf of Law Office of Paul Mankin posted in blog on Wednesday, June 7, 2017.
As someone who rents a California property, you have certain rights, and one of those involves the right to a habitable, livable space. Essentially, this means it must be fit to house human life and that it adheres to all building, energy and health codes designed to ensure safety and optimum health for the renting population.
Regrettably, not all rental properties meet these standards. Worse yet, some landlords downright ignore them. The following is a list of some of the things your rental unit must have to be legally habitable in the eyes of the law.
A safe electrical system
Your landlord has a legal obligation to provide you with a safe, functional electrical system that is in good working condition. This includes all lighting, wiring and related equipment.
Appropriate bathroom fixtures
Anyone who rents you a unit in California must make sure it has a functional toilet, sink, and bathtub or shower fixture. Furthermore, the toilet and tub or shower must be in a private, properly ventilated room that is separate from the rest of your living space.
Sanitary living areas and grounds
Your landlord, too, must make sure that your living quarters, the grounds directly around them, and your garage and other outbuildings, if applicable, are clean and sanitary. This means they must be free from pests (rats and other rodents, for example), trash and filth.
Working smoke detectors
If you rent in a multi-unit building, such as a condo complex or townhouse, your landlord must install a working smoke detector. If you live in a residential apartment building, smoke detectors must also be present in any community hallways.
While this list gives you an overview of some of the types of things your landlord has a responsibility to provide for you, it is not an exhaustive list. If your landlord does not meet these and other conditions, you may have legal recourse.
by Paul MankinDealing With Mold Problems In California Apartments
On behalf of Law Office of Paul Mankin posted in blog on Thursday, May 4, 2017.
Living with mold can create an unpleasant environment. Worse than the sight and the smell, however, are the potentially serious health problems that can arise. Many people, especially children and the elderly, can develop respiratory conditions and allergies. Some types of molds are toxic and can cause severe illness.
So, what can you do if you move into an apartment and discover the presence of mold? According to a recent California law, your landlord must disclose in writing the presence of mold that puts tenants’ health at risk. The California Department of Public Health takes the position that trying to determine safe levels of mold is difficult and unreliable. Rather, the Department considers any presence of mold or moisture unacceptable and urges landlords to remediate it as soon as possible.
Alert your landlord
If you notice signs of mold or dampness in your apartment or other areas of the building, let your landlord know at once. You can call the office, but you should also e-mail or write so that you have proof that you notified the landlord. Otherwise, the landlord may later claim he or she never knew there was mold.
Leave a paper trail
Hopefully, the landlord will react quickly, repair the source of the leak and clean up the mold. Unfortunately, many landlords drag their feet and let weeks or months go by without doing anything. Mold may fall into the category of problems that affect your apartment’s habitability.
Consult a lawyer about other remedies
Tenants whose landlords fail to make their apartments habitable may be entitled to withhold rent or to repair on their own and deduct the costs from their next rent payment. You should not try these strategies without speaking to an experienced attorney. Many tenants attempt these tactics without knowing the right way; the consequences of getting it wrong can be severe and even result in eviction. Your attorney can help you fix the problem safely and legally.
by Paul MankinCan I Take The Cost Of Repairs Out Of My Rent?
On behalf of Law Office of Paul Mankin posted in None on Tuesday, April 4, 2017.
You notice your refrigerator is not working well or your window lock is broken. As a responsible renter, you do what you are supposed to: Call your landlord and let him know about the problem. Then you wait. Days, then weeks pass, and the landlord keeps ignoring your calls.
Unfortunately, renters throughout the Los Angeles area can often relate to this scenario. When landlords fail to step up to their responsibilities, tenants want to know if they can repair on their own and then deduct the cost from rent payments.
Rules for repair and deduct
California law does allow tenants to repair and deduct, but only if they comply with a strict set of requirements. First of all, the broken item must affect your ability to live on the premises. Typically, these are items necessary for health, safety and reasonable comfort. Common examples include heaters, air conditioners, windows and locks. Additionally, if you want to deduct repairs, you yourself must not have caused the item to break.
Letting the landlord know
You also have to notify the landlord about the problems before you take additional steps. Some landlords will later deny that you called them on the phone and you may have no way of proving the conversation happened or what you said. Writing a letter listing the conditions, asking for repairs and offering to repair and deduct can help you prove you met the notification requirement. You may also want to take pictures of the broken items.
Allowing reasonable time to fix
After you notify the landlord, you must wait a “reasonable” time for him to fix the problems. Usually, a reasonable time means 30 days. However, if you cannot live for that long without the repairs, this period can end much sooner. For example, no court would expect a tenant to go for 30 days without hot water or electricity.
Using qualified repair people
When you carry out the repairs, you must use licensed contractors. Under no circumstances should you perform the repairs yourself, even if you are a licensed contractor. Make sure you get an estimate, an invoice and a final receipt in writing.
Repairing and deducting may be your only effective and legal option; however, it also comes with risks. If you have a problem with your landlord, speak with a qualified attorney who can protect your rights and help you do things the right way.
by Paul MankinWhat Is The Right Choice For You Between Bankruptcy And Debt Consolidation?
On behalf of Law Office of Paul Mankin on Thursday, March 9, 2017.
Debt that you cannot pay can be overwhelming, suffocating and completely stifling to your professional and personal relationships. Many people who have debts deal with depression, anxiety and anger issues from the constant stress of trying to pay off creditors. Fortunately, you have options when you decide it is too much to bear and w ant a fresh financial start.
Debt can be the result of a lost job, medical bills from an unexpected illness or injury, or even just simple overspending. You may get offers in the mail from companies that claim they can save you from your debts, but always read between the lines. Getting rid of debt is rarely that simple, and every situation is unique.
What is debt consolidation?
You can combine all your unsecured debts during debt consolidation. This may include medical bills, credit cards, payday loans and personal loans. These payments are combined into one bill so you only pay one creditor every month rather than several. Debt consolidation can help you eliminate mistakes that come from paying bills, such as late payments or incorrect amounts.
Debt consolidation comes in three forms: debt consolidation loans, debt settlement and debt management plans. Debt consolidation is best for those who want to simplify the process of paying off debt, but the debts are not forgiven and must still be paid.
What is bankruptcy?
Bankruptcy is the process by which you repay or eliminate debts through a legal process. Chapter 7 and Chapter 13 bankruptcies are most common for the average consumer. Chapter 7 bankruptcy requires that you liquidate some of your assets to help pay your outstanding debts. Chapter 13 bankruptcy is the process by which you slowly pay back your debts but get to keep your possessions.
How do you know which one to choose?
Debt consolidation may be beneficial for you if you have the income to pay your bills but lack the organization to do so. You may also be required to come up with a large sum up front when you combine your bills. Bankruptcy is an option for those who cannot see the light at the end of the tunnel and fear there is no way out.
As both can affect your credit score and financial future, you should seek the advice of someone who understands the process when you face it. If you are drowning in debts you cannot pay and are considering bankruptcy or debt consolidation, we encourage you to consult an attorney immediately.
by Paul MankinAct Early If You Suspect An Issue With Your Landlord
On behalf of Law Office of Paul Mankin posted in blog on Tuesday, January 16, 2018.
Many landlords treat their tenants fairly, and many tenants follow the terms of their rental contracts. Sometimes, though, there are situations where landlords fall down miserably on their duties. Their negligence may even leave an apartment or house uninhabitable with a lack of heat, an infestation of bedbugs or cockroaches, or a leaky roof, to name just a few examples.
Often, multiple problems occur at the same time. The thing is that, in some situations, these problems may have started with just one single issue. Here is a look at why it is critical for tenants to take action as soon as possible even if they think they are dealing with just one relatively easy problem.
Good landlords tend to stand up in all areas
Quality landlords tend to be good across the board. That is, if they care about your roof leaking, they also care about holes in the windows and bedbug problems. So, if you encounter a landlord who keeps saying he or she is aware of your issue and is looking into solving it but time drags on … and on … then you may have a landlord who does not care about your needs and about the law. Meanwhile, your issue has gotten worse. What happens when other problems pop up, as they almost inevitably will? More landlord ignorance, most likely.
It could be that your landlord has been attentive in the past or your relationship is goodand you want to give him or her a chance to remedy your situation even if it has been too long. Just remember that quality landlords really do take care of you in all areas. It takes just one area of neglect for a landlord to lose credibility. When inaction happens, the original problems worsen and lead to new problems in a sort of domino effect. It might not be long before you are at a point where your apartment is unsafe to live in.
by Paul MankinDon’t Let Bankruptcy Myths Stop You
On behalf of Law Office of Paul Mankin posted in Consumer Protection on Tuesday, December 13, 2016.
If you’re dragging your feet about filing for personal bankruptcy, maybe it’s because you’ve heard negative things about it. Bankruptcy gets a bad rap, which doesn’t make a lot of sense, given that it’s a financial tool designed to help people.
At the same time, some people get the impression that bankruptcy will solve all of their problems and leave them solvent for life. They won’t owe a penny and can just start over with a clean slate. That isn’t true, either. So what is?
Destroying the myths surrounding a bankruptcy filing is an important step in helping you move forward. Trying to manage debt without the appropriate tool is kind of like trying to open a locked door without a key. You won’t get far.
What are some of the myths? Well, you might think that…
- Once you file for Chapter 7 bankruptcy, all your debts will vanish with a loud “Poof!” Nope. You’ll still be responsible for certain things like: alimony, child support, student loans and any debts due to fraudulent activity (not pointing any fingers here).
- You’ll lose everything and be penniless and homeless. No, you won’t have to turn over all of your belongings. Some assets are protected, like your house, your car, clothing-the essentials and more.
- Credit cards and loans will be impossible. No, you won’t have to pay in cash for the rest of your life. You will have to rebuild your credit first and be patient, but you’ll be able to borrow again someday.
- Filing for bankruptcy means you’re a loser. Nope. People usually come to the decision that they need to file for bankruptcy after a series of setbacks. Yes, you may have run up debt, but that’s likely due to major issues like losing a job, suffering an accident or long-term illness, or going through divorce. Filing is a smart choice when you’re stuck with high medical debt that you can’t see ever being able to repay.
- Everyone will know. Quite the opposite, actually. Nobody will know, unless you’re a major rock star or other celebrity. While it’s true that sometimes your filing could appear as a public legal proceeding, who would be reading that obscure page or site, anyway? Nobody you know. And even if somebody nosey did find out, all they’re really discovering is that you’re acting in a completely responsible way. You’re using a tool to fix your financial situation.
Now that you’re armed with more truth than rumor about bankruptcy filings, it’s a good time to contact an attorney and get started. The sooner you file, the sooner you’ll be moving forward.
by Paul Mankin6 Ways To Spot A Predatory Debt Consolidation Offer
On behalf of Law Office of Paul Mankin posted in Consumer Protection on Friday, September 16, 2016.
The vultures appear when an animal begins to struggle. It’s the same in lending and that’s what makes debt consolidation offers so dangerous. There are trusted and wholly reliable sources that consolidate debt but there are many predatory companies who sell their service as consolidation when it’s truly debt management.
Consolidation versus management
Loan consolidation is the combining of multiple loans into a single new loan. Reputable companies who offer this include banks and credit unions.
Debt management is a service where a company negotiates with creditors to reduce your loans. They receive payment from you with the goal of using that money to pay the revised terms of the loan. The company collects your payments with intent to pay a new sum to your creditor when they reach an agreement. Instead of using your month payments toward your mounting debt, it goes into a pool until they have finished the deal, all while charging you a monthly service fee for their help. There is no guarantee your loan will be renegotiated successfully and, if it’s not, you’re back where you started except that you now owe the management company for their “services” and you haven’t been paying down your debt in the meantime.
These predatory companies know when to swoop in for their prey, so here are so clues that you should hang up on a caller.
Common signs of consolidation scam
- Money is requested up front, often as a service fee
- The company uses a P.O. Box
- The company says you can only sue in specific states – and they are not where you live
- You’re asked for a bank account number
- The sales person uses aggressive language or tactics
- The company uses a robocall
by Paul MankinMy Car Has Been Repossessed! What Now?
On behalf of Law Office of Paul Mankin posted in Consumer Protection on Wednesday, June 22, 2016.
It happens more often than you might think. After months, and in some cases years, of making steady payments on a car, it might not seem like a serious offense to put off a payment during hard financial times. But the consequences can come quickly, no matter how dedicated your payment history has been. You might walk out your front door one morning to find your car has disappeared overnight.
Why was my car repossessed?
Car repossession occurs when you are considered to be in default of the loan you took out to purchase your car. The lender with whom you leased or financed your car is generally given a security interest at the time of the financing, which basically gives them the right to have your car repossessed without notifying you if you have done something that they feel constitutes a default. More often than not, the reason is missed payments.
Is car repossession legal?
Your lender and the repossession agents they work with are bound by law to act within the legal repossession specifications of your state. These laws vary depending on your location, so if you feel that the actions taken to repossess your vehicle did not abide by the laws of your state, it will be in your best interest to contact an attorney who has experience in this field. If it is determined that proper procedures were not followed, you might have grounds to reclaim your car or seek financial damages.
The basic rule for companies that would like to repossess a vehicle states that they may not “breach the peace”. There are several examples of what this term can mean. A repossessor cannot:
- Enter your house without invitation
- Threaten to have you arrested or otherwise threaten physical violence
- Commit physical violence or make physical contact with anyone present
- Enter a locked garage or storage building
- Damage your vehicle during the act of repossession
My car is already gone. What should I do next?
In cases where you are aware that you were late or behind on your payments, the timing of the repossession is probably more shocking than the actual repossession itself. But in some states, there can be stipulations built into your loan that allow your lender to repossess your car for things like a failure to keep current car insurance.
Either way, your first action should likely be calling your lender to assess the situation and find out what you will need to do to be back in their good graces. It’s important to do this as soon as you are aware of the repossession. An attorney can help you with this step.
What could happen to my car once it’s been repossessed?
Once your lender has your car, they have the right to sell it in order to recoup the money you still owe on your loan. Lenders are required by law to abide by standard sale procedures, but this doesn’t mean that they are required to sell the car in question at what would be considered the highest price it is worth. When your car is sold at a price lower than the remaining balance of your loan, the difference is known as a deficiency balance, which you are still legally obligated to pay.
The best way to avoid repossession is to pay every single scheduled payment in full and on time. This is your best protection against being involved in the typically messy business of getting your car back and settling your loan, which will usually include additional fees once your car has been repossessed and will leave a black mark on your credit history for the next seven years.
If, however, you feel that you have clear legal grounds to fight the repossession or if you feel that the manner of repossession was a breach of peace, your best option will be to hire an experienced attorney to assist you in pursuing legal action.
by Paul MankinThe Debt Collectors Won’t Stop Calling… Until You Do This
On behalf of Law Office of Paul Mankin posted in Consumer Protection on Monday, March 7, 2016.
In California and across the country, there are very strict regulations about when and how debt collectors can call individuals they believe to be in debt. Yet, debt collectors can be relentless and act outside the law, calling you at all hours of the day, threatening you and causing emotional distress to you and your family. How do you know if your debt collector is breaking the law? And how can you stop them?
What can’t debt collectors do?
Among other things, debt collectors cannot:
- Threaten to harm you or your property
- Use obscene or profane language when talking to you
- Call you at work if you have asked them, in writing, not to
- Call you before 8 a.m.
- Call you after 9 p.m.
- Call repeatedly over a short period of time with the intention to annoy you
- In most cases, contact your family or loved ones to collect on the debt
- Contact you if you have filed for bankruptcy
How can you stop them?
You have a few options:
1. Send a certified letter: You can send a certified letter to the debt collector asking them to stop contacting you. If you do that, they must stop or they can face legal action. Of course, they can still bring a lawsuit against you to collect on the debt.
2. Take them to court: If the debt collector has broken any of the above rules, you can take them to court. You may be entitled to $1,000 for every violation against you. The reality is that some debt collectors won’t stop until you call them out, and an attorney can help you do just that.
3. File for bankruptcy: Finally, if you are facing financial challenges that keep growing, you may want to consider filing for bankruptcy. Bankruptcy stops all debt collector calls — illegal and legal. It can also erase the debt or help make it more manageable.
You don’t have to put up with harassing or threatening calls. Learn more about how to stop debt collection harassment. Speak with a lawyer to get the help you need now.