[WSBARP] Mold In Rentals - Part II

Wed Jun 24 06:40:49 PDT 2015

Howard – to hearken back to a favorite Aesop’s fable – it’s always a matter
of perspective as to whose ox is being gored.

http://mythfolklore.net/aesopica/bewick/14.htm

THE AMERICAN SPELLING BOOK, by Noah Webster (Wilmington: Bonsal & Niles,
1800?)

The Partial Judge (Aesop)
A FARMER came to a neighbouring Lawyer, expressing great concern for an
accident which, he said, had just happened.
“One of your oxen,” continued he, “has been gored by an unlucky bull of
mine, and I should be glad to know how I am to make you reparation.”
“Thou art a very honest fellow,” replied the Lawyer, “and wilt not think it
unreasonable that I expect one of your oxen in return.”
“It is no more than justice,” quoth the Farmer, “to be sure: but what did I
say? I mistake--It is your bull that has killed one of my oxen.”
“Indeed!” says the Lawyer, “that alters the case: I will enquire into the
affair; and if -"
“And *if*!” said the Farmer—“the business I find would have been concluded
without an *if* had you been as ready to do justice to others, as to
extract it from them.”
[*Note: the moral is*: *"The injuries we do, and those we suffer, are
seldom weighed in the same scales."*
[image: http://www.openface.ca/~dstephen/owl.gif] [image:
http://mythfolklore.net/aesopica/images_bewick/AOB061.gif][image:
http://www.pcabusers.com/imagez/jolly3.gif]

*From:* wsbarp-bounces at lists.wsbarppt.com [mailto:
wsbarp-bounces at lists.wsbarppt.com] *On Behalf Of *Howard Herman
*Sent:* Tuesday, June 23, 2015 11:14 PM
*To:* 'WSBA Real Property Listserv'
*Subject:* Re: [WSBARP] Mold In Rentals - Part II

Rob,

If ever a case deserved to be unpublished, this is it.

Howard Herman

*From:* wsbarp-bounces at lists.wsbarppt.com [
mailto:wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>]
*On Behalf Of *Rob Rowley
*Sent:* Tuesday, June 23, 2015 8:05 AM
*To:* WSBA RPPT
*Subject:* [WSBARP] Mold In Rentals - Part II

To follow up on the great lively discussion last week between very wise
attorneys….I’m linking below a recent Division II case (June 16, 2015 -
unpublished of course) which gives a great overview of the duties and
responsibilities of a landlord and tenant under the RLTA, common law, tort
liability and the tension between the two.

(I absolutely love Google Scholar Alerts)

*Scholar Alert: [ "rcw 59.18" ]; Case law*
FIGURACION v. REMBRANDT REALTY TRUST
<http://scholar.google.com/scholar_case?case=11841555971092621814&hl=en&lr=lang_en&as_sdt=6,48&as_vis=1&oi=scholaralrt>

Wash: Court of Appeals, 2nd Div., 2015

*...* Under the RLTA, Rembrandt must keep "common areas reasonably clean,
sanitary, and safe
from defects increasing the hazards of fire or accident." *RCW* *59.18*.060(3).
Under the common
law, a landlord generally has no liability over noncommon areas once
exclusive control *...*

------------------------------

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Please note that effective May 15, 2015, my new address is 7 South Howard
St., Suite 218, Spokane, WA 99201.  All other contact information remains
the same.

*Robert R. Rowley* | Attorney at Law

7 S. Howard St, Suite 218

Spokane, WA  99201

Telephone: (509) 252-5074

Mobile: (509) 994-1143

Facsimile: (509) 928-3084

Email: rob at rowleylegal.com

Web Site: www.rowleylegal.com

Practice concentrated on business, real estate and general legal matters in
Washington and Idaho.

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