[WSBARP] Mold In Rentals - Part II
Howard Herman
hhherman2 at comcast.net
Wed Jun 24 11:12:18 PDT 2015
Touché:
From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Rob Rowley
Sent: Wednesday, June 24, 2015 6:41 AM
To: WSBA Real Property Listserv
Subject: Re: [WSBARP] Mold In Rentals - Part II
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."
http://www.openface.ca/~dstephen/owl.gif http://mythfolklore.net/aesopica/images_bewick/AOB061.gifhttp://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If ever a case deserved to be unpublished, this is it.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] 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lively discussion last week between very wise attorneys….I’m linking below a recent Division II case (June 16, 2015 - unpublished of course) which gives a great overview of the duties and responsibilities of a landlord and tenant under the RLTA, common law, tort liability and the tension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
<http://scholar.google.com/scholar_case?case=11841555971092621814&hl=en&lr=lang_en&as_sdt=6,48&as_vis=1&oi=scholaralrt> FIGURACION v. REMBRANDT REALTY TRUST
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.
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