2 Biggest Secrets Your Landlord Doesn't Want you to Know | Warranty of Habitability Explained - YouTube

Channel: James Newman PC

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here are two of the biggest secrets that
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landlords don't want you to know and
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please make sure to stick around till
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the end when i'm gonna give you my best
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recommendation on how to handle your
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landlord if they aren't doing something
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they should and it's become a danger to
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either you or your family now as always
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this channel is not meant to be legal
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advice it's for education for
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entertainment purposes but if you do
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want legal advice you know what to do
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give me a call at the number below all
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right let's get started all right so
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this is the part i'm going to tell you a
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little bit about myself i'm attorney
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kyle newman and i've been working as an
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injury attorney here in new york city
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for over 14 years fighting for justice
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for the victims of serious accidents and
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medical malpractice
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now in particular in new york city where
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i live
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we see premises liability cases
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involving landlords and tenants and the
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accidents that happen because of
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dangerous conditions that arise at those
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premises because of something a landlord
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did so as my firm's senior trial
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attorney i have literally gone to court
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and trial
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on dozens of these types of cases and
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i've been fortunate enough
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to win millions of dollars for my injury
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clients so i hope this information is
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useful because i know uh how dangerous
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it can be when a landlord fails to do
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something and someone gets injured even
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though i am a busy practicing full-time
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trial attorney i'm a dad i'm a husband i
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also love doing this
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talking to you in order to give you
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useful information that you can use in
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everyday life
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that trust me it can come up so if you
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got some value out of this make sure to
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subscribe and share this with someone if
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they're going through a tough time with
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their landlord all right so let's dive
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in now before i get to my two secrets
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that every landlord does not want you to
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know there's one main principle that
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every tenant in new york needs to
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understand and it's called the warranty
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of habitability it basically means that
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you as a tenant when you sign your lease
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are entitled to a safe and clean home
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which your landlord has to provide now
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before i get to the two biggest secrets
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your landlord doesn't want you to know
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let me first give you a few examples of
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when a landlord breaches this duty of
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habitability so a few examples are
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things like your landlord failing to
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provide you with adequate heat or hot
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water on a regular basis or if your
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landlord knows of insect infestation and
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they don't exterminate it or they don't
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give you access to electricity or if
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there's a fire or water damage that
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wasn't caused by you
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and that makes your home unlivable and
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your landlord does nothing about it all
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right so there is obviously an exception
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to this rule which is quite simply if
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you caused the damage that made your
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apartment or your home unlivable then
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you are on the hook to fix it and not
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your landlord so you stuck around this
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long let's get to the first secret
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all right so the first secret is
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landlords cannot include language in
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your lease that the warranty of
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habitability does not apply so
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when you sign a lease you agree to pay a
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certain amount of money in rent in
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exchange for certain things right which
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you get to negotiate uh theoretically
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under your lease what is not negotiable
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is being provided a safe and a clean
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place to live a landlord can't just
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under any circumstance take that out of
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the lease and say no the warranty of
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habitability does not apply or that
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we're not responsible to give you a safe
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and a clean home to live all right so
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the second secret that landlords don't
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want you to know is that even if there's
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no language in your lease regarding
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this warranty of habitability that does
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not matter
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they still have to provide you with a
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safe with a clean place to live and by
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the landlord just choosing to omit this
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language from the lease that doesn't
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mean anything
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every new yorker every tenant in this
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state is entitled to this basic right
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so in the event that your landlord tries
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to pull a stunt and says hey wait here's
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your lease there's nothing about a clean
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and safe living environment
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they're still responsible to fix
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something if their uh actions or
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inactions make your home unlivable so i
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told you i'd give you a bonus for
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sticking around and watching so here it
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is
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the absolute best way to protect
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yourself and your family from any future
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accidents or any damage that's caused by
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your landlord's breach of the warranty
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of habitability is by making complaints
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i can't stress this enough
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you have to make complaints immediately
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when any one of these conditions arise
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you got a bed bug infestation reported
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water damage coming in from your
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neighbor report it lights out in the
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stairwell crack ceiling
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report it i can't tell you how many
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people will call me up and say mr newman
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such and such happened to me there was
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this dangerous thing and it sounded
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terrible um and the landlord did nothing
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about it and i got hurt i got hurt bad
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and to which i always ask them so did
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you report it to them and they look at
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me like i have three heads but you know
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the people i guess just don't know this
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but if something like this happens the
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best thing that you can do is make a
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complaint to your landlord so
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when it comes to complaints every
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landlord should have a mechanism by
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which the tenants can report unsafe or
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unclean conditions in their home so
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whether it's by making an in-person
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complaint to the super by calling the
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management office or filling out a
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report
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find out what the best way to do it is
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at your building because if you don't
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and it's not documented and you get hurt
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by that condition or someone close to
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you it's going to be difficult to prove
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their case and usually in my experience
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the best place to make a complaint is
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wherever they collect rent which is
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typically the management office
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and if you file a complaint and it's
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written down make sure to request a copy
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hold on to it somewhere safe so if
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something did happen or if this
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condition was ongoing you know it's
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documented and you can back it up all
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right so one last thing i'll leave you
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with is if i get it if you're having
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trouble contacting your landlord or the
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management office or your super is
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impossible to get a hold of which we've
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all dealt with
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call
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31131 is there in new york city to
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document complaints and potentially get
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in touch with the right administrative
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agencies that can actually repair it uh
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so call 3-1-1 you'll get someone on the
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on the horn and make sure to leave your
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complaint uh with any specific
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information about your building about
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what it is the more detail the better uh
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if you live in new york city public
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housing i'll leave you with this you can
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go on nyc.gov i'll leave the link in the
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description below but they provide you
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with the right phone numbers to call i
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did a whole video on this if you want to
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check it out they make it really easy
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now you can actually upload photos and
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videos right on the website so make sure
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you document those complaints all right
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so this about wraps it up uh i'm
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attorney kyle newman and look i'm there
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with you i know how difficult landlords
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can be make sure to stick up for
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yourself i hope this information helped
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you know where to reach me if you need
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anything make sure to subscribe to our
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channel and i will talk to you soon
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you