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    Re: Mauriice Murphy , 109,500 miles Bike to Work

    Posted by Deborah on 3/02/10

    So if the owner fails to disclose known damages to a prospective renter who has
    informed owner of pre-existing health conditions, some one has breached contract.

    If damage occurs whilst the tenant is occupying it and the landlord refuses to
    properly repair or remediate, the tenant can either pay out of pocket for repair
    and seek reimbursement, perhaps having to litigate over it, or move out.

    If the tenant is ill but unaware of defects in the premise causing the illness
    their responsibility to inform the owner cannot be triggered. Only at the point of
    knowledge of the defect does that begin.

    Why are you now deviating into proscriptive periods and statutes of limitation?

    On 3/02/10, johncodie wrote:
    > Maintaing a property is the responsibility of the owner as is the failure to
    > maintain or failure to inform of defects. The standard is higher if the
    > property is put up for lease than if the owner uses it themselves; when it
    > is put up for residential lease, there is an unspoken and implied warranty
    > of habitability.
    > There are two standards; and under the present laws the renter and the
    > landlord are by law to establish a standard of occupancy that both are willing
    > to abide. The renter has full right to inspection prior to occupancy, and
    > testing as required. The renter has the right to make notice of deficiencies
    > and amend deficienceis to accomodate. The renter is not forced to confinment
    > as is a prisoner. The landlord is not forced to bring accomodations up to a
    > renters standards of health. The law is clear that the dwelling does not have
    > to be preceived as perfect; not is the minimum occupancy requirements
    > limited. The key here is the two individuals are governed by a peer review.
    > This makes litigation after a period of five years, or a single year for mold
    > illness very difficult to win.
    > The premis is mold is not gold, to harbor and keep safe, it is to abandon. A
    > person that claims to have been gravely unknowingly affected to be able to
    > explain why their alergic response upon first occupancy was not triggered.
    > Don't expect a landlord to be a monitor of your health. You acquire the right
    > to privacy even when ill. Once occupied you have assumed the partnership, of
    > notification. "The Landlord is not forced to bring accomodations up to a
    > renters standards of health once given the opportunity for inspection.

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