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Had a medical emergency in Oct 2017, hazmat cleaned up and…

Customer Question
Had a medical emergency...

Had a medical emergency in Oct 2017, hazmat cleaned up and billed the landlord @ $5200.00 for services. The landlord is now billing the tenant, is it the tenants responsibility to pay this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Oregon

Lawyer's Assistant: Has any paperwork been filed?

No, just received a letter from Property management

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

I don't think I should be responsible for a medical emergency......it was not planned........or intential

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 1 minute by:
3/8/2018
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 9,200
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

Welcome and thank you for your question. I will be the professional that will be assisting you. Can you tell me why the clean up was necessary?

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Customer reply replied 6 months ago
Had a surgery wound that reopened and I almost bled to death.....called 911.......
Customer reply replied 6 months ago
Blood soaked carpet (Living Room) and blood soaked bathrooom
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Was this something caused by the condition of the property? The landlord is responsible for providing a habitable living space and making necessary repairs when there are damages not caused by the tenant. The tenant is responsible for anything that happens to the interior of the unit that was not caused by the landlord's negligence.

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Customer reply replied 6 months ago
you are saying the tentant is legally liable and responsible for the cost of repair even though it was a medical emergency that was a matter of life and deatyh.
Customer reply replied 6 months ago
correction: death.
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

I am telling you what the law states. Did the landlord do anything to cause the medical emergency?

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

ORS 90.325¹

Tenant duties

(1)The tenant shall:

(a)Use the parts of the premises including the living room, bedroom, kitchen, bathroom and dining room in a reasonable manner considering the purposes for which they were designed and intended.

(b)Keep all areas of the premises under control of the tenant in every part as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, as the condition of the premises permits and to the extent that the tenant is responsible for causing the problem. The tenant shall cooperate to a reasonable extent in assisting the landlord in any reasonable effort to remedy the problem.

(c)Dispose from the dwelling unit all ashes, garbage, rubbish and other waste in a clean, safe and legal manner. With regard to needles, syringes and other infectious waste, as defined in ORS 459.386 (Definitions for ORS 459.386 to 459.405), the tenant may not dispose of these items by placing them in garbage receptacles or in any other place or manner except as authorized by state and local governmental agencies.

(d)Keep all plumbing fixtures in the dwelling unit or used by the tenant as clean as their condition permits.

(e)Use in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances including elevators in the premises.

(f)Test at least once every six months and replace batteries as needed in any smoke alarm, smoke detector or carbon monoxide alarm provided by the landlord and notify the landlord in writing of any operating deficiencies.

(g)Behave and require other persons on the premises with the consent of the tenant to behave in a manner that will not disturb the peaceful enjoyment of the premises by neighbors..." https://www.oregonlaws.org/ors/90.325

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Customer reply replied 6 months ago
No the landlord did not do anything to cause the medical emergency. I had surgery on my arm and the wound reopened 5 days after surgery (at home)
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

I am sorry that this occurred. The Landlord would not be responsible in this instance. Do you have renter's insurance that might cover this?

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Customer reply replied 6 months ago
I do but, the insurance company say that I would have to be found legally liable......
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

I don't know why they are wording this that way. This was not caused by the landlord. You should be covered.

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Customer reply replied 6 months ago
I wouldnt expect the landlord to be responsible but, the owners do have insurance on building that should cover this too
Customer reply replied 6 months ago
Do I have to wait for some legal action before filing a claim with my renters insurance (GEICO)?
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

The landlord should be covered if the landlord caused the situation. Otherwise the landlord's duties are to very clear https://www.osbar.org/public/legalinfo/1247_rightsdutieslandlords.htm

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

If you want me to look at you policy you would need to attach the policy. You should be covered. I have no idea what they are telling you. If they do not cover this I would report them to the State.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago
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Customer reply replied 6 months ago
The fire department ordered Hazmat - the apartment looked like something from the "Texas Chainsaw Massacre", I do have my policy (see attached).
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Well thank goodness you are alive. Let me take a look.

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Customer reply replied 6 months ago
Are you there?
Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

I am reading your policy.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Your policy does not cover much of anything. There is no question that this do not fall under landlord liability. There would be no reason the landlord would be required to pay. I would file a complaint against your insurance as the language is contradictory and leaves far too many loopholes for the insurance to pay out a claim.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it. A positive rating will not impact your ability to obtain a refund.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Real Estate Lawyer: Attyadvisor, Attorney replied 6 months ago

Did you have any additional questions for me?

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