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Tenant- rental home-Airborne Asbestos- constructive eviction- PROPERTY Unlawful Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by Whowe005, Apr 21, 2015.

  1. Whowe005

    Whowe005 Law Topic Starter New Member

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    Environmental Hazards/ Unlawful-constructive eviction/ Loss of use enjoyment/ Property Damage.

    Case Description
    Discovered what appeared to asbestos piping insulation that was cracked and crumbling on water boiler pipes in utility room inside home. Asbestos testing company confirmed.property mgt company on behalf of Landlord hired a testing company- did bulk testing (positive for asbestos) air sampling ( highly elevated fiber count ) and wipe tests in which they discovered asbestos 4 rooms over on my then 11 month old infants pack n play. A large Company was hired to remediate. After remediation was told home was safe to return to. Due to no further investigation of how it was on infants pack n play I hired Marine Chemists which still found asbestos fibers in multiple locations throughout home. Landlord has refused to clean my possessions and replace non-cleanable items ( linens fabrics etc). I have been offered a sum of 5-6k for 53 k of possessions and they also want me to waive any future health claims ( NOT Happening)
     
  2. army judge

    army judge Super Moderator

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    Thanks for sharing your story with us. I do hope it all works out for you.
     
  3. Whowe005

    Whowe005 Law Topic Starter New Member

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    We evacuated the home 24 OCT 2014, we were provided no temporary lodging for the 15 days while they tested and remediated. This was my wife and I's first home as we got Married right before my deployment to Afghanistan 13-14.

    I appreciate your quick quip, but from one soldier to another I was hoping for a lead or two. Every landlord tenant attorney in my area gets confused by the word asbestos in the same sentence as property damage.

    My Wife and I have our 2nd child due in 5 weeks and we have NONE of our baby stuff.

    In your opinion with the stares facts and the documented existing hazard would constructive eviction be the best avenue to proceed as Va allows for up to treble damages- do I have a second cause of action for the property damage?
     
  4. Whowe005

    Whowe005 Law Topic Starter New Member

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    Premise liability- Non-disclosed asbestos

    Environmental Hazards/ Unlawful-constructive eviction/ Loss of use enjoyment/ Property Damage.

    Case Description
    Discovered what appeared to asbestos piping insulation that was cracked and crumbling on water boiler pipes in utility room inside home. Asbestos testing company confirmed.property mgt company on behalf of Landlord hired a testing company- did bulk testing (positive for asbestos) air sampling ( highly elevated fiber count ) and wipe tests in which they discovered asbestos 4 rooms over on my then 11 month old infants pack n play. A large Company was hired to remediate. After remediation was told home was safe to return to. Due to no further investigation of how it was on infants pack n play I hired Marine Chemists which still found asbestos fibers in multiple locations throughout home. Landlord has refused to clean my possessions and replace non-cleanable items ( linens fabrics etc). I have been offered a sum of 5-6k for 53 k of possessions and they also want me to waive any future health claims ( NOT Happening)
    Wife and I evacuated the rental home 24 OCT 2014. The hazard still exists and we evacuated with what was in our backs.

    My pregnant wife spent 90 days on an air mattress while we tried in good faith to get this resolved.

    Can I sue for fraud? I'm pretty sure the paint that was used to paint over the asbestos piping ( making it blend into the wall) is in the shed.

    Can I also sue for constructive eviction?

    Do I also sue for property damage?
     
  5. army judge

    army judge Super Moderator

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    You might want to discuss this with a VA real estate lawyer.
    Constructive evictions offer recourse, but must be done EXACTLY as instructed.
    There are also certain time parameters.
    One small misstep, and you have no case.
    See a VA real estate attorney. Have him or her evaluate your case and offer you some insight.
     

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