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Earlier this year I was informed by my apt. manager that…

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Earlier this year I...

Earlier this year I was informed by my apt. manager that they were going to paint my kitchen counter tops. When they came to paint the smell of obviously toxic fumes filled my apt. all day and through the night and next day. I woke up stoned out of my mind and scared around 3 in the morning. I accessed the MSDS on counter top paints on the internet and what I found was not good. Known to the state of Ca. to cause cancer. Known also to cause brain damage. In the last 5 days they have been doing the same to an adjacent apt. On the 15th and today.. The odor of the toxic fumes is overwhelming. My pregnant neice who lives upstairs had to leave and stay with her dad for 3 days on the 15th. She can't leave today and neither can I. She went to the manager on the 15th and told her that the fumes were making her sick. The manager said that there was nothing she could do. Right now I am nauseated and dizzy from the fumes and the cancer and brain damage part really worries me. What can my neice and I do?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Has anything been filed or reported?

Not by me or my neice but she is about to go to the emergency room at the hospital because she is nauseated.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am an old HAZWOPPER and I know what chemicals can do to your health.

Submitted: 5 months ago.Category: Legal
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Answered in 1 minute by:
11/20/2017
Lawyer: legalgems, Lawyer replied 5 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 12,570
Experience: Just Answer consultant at Self employed
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I am very sorry to hear you are dealing with this. The fumes must be horrible. Can you please clarify if you are in california or nevada?
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Customer reply replied 5 months ago
Nevada, specifically in Carson city, Nv.
Lawyer: legalgems, Lawyer replied 5 months ago

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

A temporary housing issue will not generally justify constructive eviction; but if the court finds it violated the tenant's quiet use and enjoyment they can award damages (ie cost of alternative lodging, rebate of rent for the time period) along with any medical damages resulting from the exposure.

It would help to have a health inspector's report as to the degree of exposure/

Ormsby Co does not appear to be as proactive as Clark; for example:

https://www.southernnevadahealthdistrict.org/download/eh/public-health-housing-regs.pdf

an interesting read

http://digitalscholarship.unlv.edu/cgi/viewcontent.cgi?article=3146&context=thesesdissertations

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Customer reply replied 5 months ago
I haven't even gotten an answer and you've already charged my card $36? I agreed to $5 that was all. I am reporting you to direct express immediately. You get 0 stars and a long rant on my facebook, youtube, linkedin, twitter and mewe.
Lawyer: legalgems, Lawyer replied 5 months ago

I am an individual contributor so I don't have access to your account; please contact customer service for assistance.

I did post an answer above.

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Lawyer: legalgems, Lawyer replied 5 months ago

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