Title: Landlord broke lease agreement, what are my rights? (Chicago, IL)

Question:
Our landlord has been promising us a washer/dryer unit since we moved in (July 2015). When we resigned the lease August 2016, we wrote into the lease that an in-unit washer and dryer would be installed by September 30th 2016.

Since September 30th, there have been continuous delays in getting the W/D installed. Since it has now been almost a month past the date the W/D was supposed to be installed, I am wondering what types of rights as a tenant I have?

Thanks ahead of time for any and all advice given.

Answer:
 You can let your landlord know in writing that he is in default under the current lease agreement and give him a reasonable timeframe to cure his default.

If he fails to correct the default, you can likely end your lease and move.


Title: I think someone is breaking into my car to get revenge for me being a bad driver six months ago

Question:
This is in Ohio. Back in May, I accidentally drove the wrong way down a fairly busy one way road because I had not taken my ADHD meds that day. Luckily no cars were coming towards me and as soon as I realized it, I drove in the bike lane for the rest of the block until I could turn. I was completely freaked out about it, so I decided to go back home and compose myself. I felt absolutely terrible about it. As I was driving home, I noticed a car following me. I started to take back roads and alleys to try to lose him for about 15 minutes, but I couldn’t. This freaked me out even more and I felt like I was too distracted to drive, so I decided to stick with the plan and go home. As soon as I got out of my car, he pulled up next to me, rolled down his window, and started screaming at me. He was cussing me out, telling me to go kill myself, and threatening me. It was way past normal road rage. I didn’t say anything and just walked into my complex. Note that he could not have known which apartment I was in, otherwise I wouldn’t have gone inside. I stayed there for about 30-45 minutes. I came back out and got in my car again, then started driving. I saw that he had stopped in an alley and had waited for me. He began to follow me again. I was able to lose him and hide my car behind a building where he couldn’t find me.

Fast forward to the end of July. I was taking a trip out of the country and the night before I left I took one of my suitcases out to my car. I am POSITIVE I locked my door. When I went out early the next morning, the driver door was wide open with the car trashed. The suitcase, glove box, and console were dumped everywhere, and the ashtray was ripped apart. It was bad enough that it seemed like they had spent extra time making sure the car was a disaster. There was nothing valuable and all that was taken was my EarPods, some snacks, a McDonalds gift card, and a bar of soap. My $200 stethoscope was left behind. They left a pack of cigarettes and a lighter on the drivers seat. No other cars were broken into. I did call the police, and waited an hour for them, but I needed to leave so I had to cancel the call. To me, there was nothing super suspicious about it. It made sense seeing as there was a suitcase in the backseat. However, my car was the only one in the lot that could be seen from the road, so it was a bit strange that they chose my car. Later I discovered that my complex does have security cameras, but by then it was too late and they no longer had the footage. My landlord told me that no car has ever been broken into in that lot. I was gone for a month and my car was not there during that time.

Fast forward to today. I went out this morning and realized my car had been broken into again. Again, I had locked it, but this time the passenger door was propped open. There was absolutely nothing in the car that would give someone a reason to break in. The center console and glove box were left open. The cigarettes left behind last time were still in the console. Nothing was taken and no other cars were broken into. What was suspicious to me was that if they would have closed the console, glove box, and door, I would have had no idea it was broken into.

I have racked my brain and I cannot think of anyone else that could be doing this and it doesn't seem like a coincidence that this happened twice in exactly the same way. Assuming that someone is actually this crazy, is there any legal action that I can take? There is nowhere else that I can park my car. If I see the security footage and I am able to identify if it is him, what can I do to stop this from happening again? All I know is what he looks like (he had distinct tattoos) and that he drives a silver sedan. I don't know his name and as far as I know he does not know what my name is or my apartment number.

Answer: File a police report for every break in and get a dash cam. I think you’re aware that the police won’t likely be able to determine who the offender is from a photo and description of the car some potential candidate drove that day. At best, if you start now and this continues happening, maybe you can compile enough evidence to point to the perpetrator, (if indeed it’s the same person). Hopefully video will capture his license plate.


Title: MA - Just found out I might not be able to build on a piece of land I bought...is my lawyer to blame?

Question:
Two years ago I bought a piece of land in Massachusetts. It's about a half acre with a septic and well installed, cleared and ready for a small cottage. I've designed the house, had an architect draw it up and an engineer stamped the drawings. We've passed health and building inspections, and I'm now hung up in zoning. For reference I have a family friend as a general contractor, and he's showing me the ropes and having me do as much as I can on my own.

6 weeks ago the zoning inspector told us that my piece of land does not have enough road frontage. From what I now understand, the State of MA says 50 ft. and my town's bylaw, put into place in 1960, says 100 ft. The inspector said to have my real estate lawyer who did the closing on the land pull up his info on when the lot was separated, because if this happened before 1960 the lot was grandfathered in and we're in the clear.

This was 6 weeks ago. I called my lawyer, gave him the rundown, he said he'd take care of it. 3 weeks pass and I've yet to hear anything so I call...he says he asked me to get him the addresses of the abutting properties and I never did, but he never asked for them. It was a very easy google search and I email the info over in 5 minutes, I also start getting suspicious. Two more weeks pass and I call again, he says he's had a shoulder injury that's slowing him down. I tell him I need the info by the end of the week.

Saturday rolls around and no info. I send him an email saying that if he can't do this, I just need to know - I will hire another lawyer. He responds back within 20 minutes saying to hire another lawyer.

This week my new lawyer got me the info in about an hour - the lot was separated in 1962, and is not eligible to be grandfathered in. It is technically unbuildable under the new code, so the zoning guy will have to refuse the plans. The zoning guy is very upfront - his job is to enforce code, and he said that what we'll have to do is go in front of the town zoning board to ask for the ruling to be overturned (for a variance?). It happens all the time and some people get the ruling overturned in their favor. He says knowing the board and seeing the plan, we've got at least a 50/50 shot, probably better, however if they refuse it I now own an unbuildable lot.

I have meetings with zoning lawyers on Modnay, but it's been really hard to find info online and a lot of local lawyers won't talk to me because apparently lawyers don't like to possibly get other lawyers in trouble for negligence. It's also got me in a crazy bind because my land loan comes due in four days, where I have to either pay it off or convert it to a building loan - I can not get the building loan without the permits, and my old lawyer's 6 week delay doesn't even leave me enough time to take out an equity loan on my current house to pay off the land loan...so I'm at a scramble to find a way to cover the remaining balance (around $50k).

My question is this: was it my original lawyer's duty in researching the property when I bought it to check the frontage?

It seems to me that when he pulled up the things I asked him to, he realized he missed the frontage issue and made a mistake resulting in me purchasing a non-conforming lot, which is why he dropped my case so as to not prove his own mistake. My builder says that it sounds like the case, and if our ruling is not in our favor I should sue for negligence (he says I should sue either way, but I don't think I'd bother if we can indeed build). I'm just not sure what the details of any of this is, and I can't find a lawyer to talk to me about it.

Can anyone shed some light on the situation? I'd be forever grateful...I'm fairly young and have worked my whole life to build my little home, I'm absolutely distraught right now.

EDIT: The only thing non-conforming about the lot is it's shape. There is enough square footage (MA requirement is 5,000 sq. ft.) and everything else clears zoning. Road frontage is the only issue.
Topic:
Real Estate law

Answer:
 I kept reading and reading, and kept thinking "get a variance, get a variance!"

>what we'll have to do is go in front of the town zoning board to ask for the ruling to be overturned (for a variance?). It happens all the time and some people get the ruling overturned in their favor.

And there you go.

Now I'm not a lawyer, but it seems to me you have a very good shot at getting a variance to the frontage issue. You should point out the septic, the well, the clearing, the site plan, the lot square footage, and that you were *almost* grandfathered in anyway.

Lots at the end of roads, and around curves, often have frontage problems. There are even "[flag lots](http://online.encodeplus.com/regs/altus-ok/acc/media/images/figure-11_501-flag-lot-conditions.png) " where the entire front portion of the lot is nothing but a narrow driveway. Sometimes there are restrictions that say that the front of the lot is also an access easement, and nothing may be built there, because it's dedicated entirely to being a driveway.

Sorry, I can't help you about lawyer's duty, or other realty questions. But the fact that you already have septic/well/clearing and a site plan, and enough square footage, seems like really strong reasoning to be granted a variance. And then hopefully everything else is moot.

Sorry you encountered this problem.


Title: "Short-term guardian for minor children" and temporary guardianship questions in California (mostly).

Question:
My daughter is going to an addiction treatment facility for 90 days.  She has a 2 year old.

The father is absent (whereabouts unknown).  There has never been a custody order issued for this kid.  My daughter has had him in her care for his whole life.

She wants a family friend to care for the child until I (grandma) can come and get him (about a week).  I would keep him for the 90 days, then return him to her.  I live in Wyoming.

If she doesn't finish the treatment program, then we have different problems, but we will assume she's going to finish for now and be as suitable parent when she gets out.

Other family members (in California) are trying to file for ~~temporary~~ guardianship (they want to ask the court to take him for 1-2 years, then turn him over to me).  My daughter and myself do not want these other relatives to gain control over the child, even temporarily.

As of right now, no papers have been filed by anyone, but the other relatives attorney plans to file the request for temp guardianship on Tuesday.

I found this form "Appointment of Short-term Guardian for minor children..".  If my daughter signs this form for me, will I legally be ok to take the child to my home in Wyoming?

I understand that if further court papers are filed, California has jurisdiction over him and I will comply with any court order.  I am not trying to hide him or whatever, I just happen to live in Wyoming.

Can my daughter sign this for the family friend for the week it will take me to get there or is it reserved only for relatives?

It is my understanding that the mom has control over the kid until a judge orders that someone else does.  Does the simple filing of the paperwork for temp.guardianship change anything or do things remain the same until the court hearing?

What else can we do to make sure this child is cared for while she is gone, then returned to her?  The other relatives plan to take permanent custody of the child and do not plan on returning him to his mother ever.

Thank you.

Answer:
 > Other family members (in California) are trying to file for temporary guardianship (they want to ask the court to take him for 1-2 years, then turn him over to me).

Who are these people? Do they have a regular relationship with your grandchild?

Let's see if we can get /u/napalmenator in here.


Title: Employer failed to give me paycheck in full 3 times in a row (US)

Question:
I'm currently a mechanic for a large national automotive corporation that shall not be named for my protection sake. On 3 consecutive occasions they've only given me half of my paycheck. The first time was a little over a month ago, I was being transferred from one location to another and they failed to notice I had only been signed off on my hours at one location thus voiding any at the new one. I was compensated later for about $100 less than I was expecting but figured maybe I just lost a few hours here and there so I blew it off. The following week it happened again, only half my paycheck. I called my manager and area director both of which acted clueless and said they'd figure it out. ONCE AGAIN I was short about $100 and was compensated almost 2 weeks after this. I explained to them I had late fees and needed them to pay for that to which they played off saying that the next paycheck should cover it. Funny enough the following paycheck was the exact same situation, the only difference is that I caught it immediately and notified both my manager and area director again. Again nothing was really done except a lot of acting like they cared. I'm worried this will happen again and would like to sue for the remainder of my paycheck, do I have any legal standing in court?
Topic:
Employment Law

Answer: Read up on wage theft always for your state and go on from there.


Title: In Alabama: I'm an uber driver who just got arrested for my passenger's drugs. what do I do?

Question:
I do uber rides in a relatively populated area of Alabama and I'll sometimes get fares out to the airport. Today was such a day. I don't necessarily like going to the airport because there's sometimes cops out there looking to pull over Uber drivers on the road into the airport, but I was willing to tempt fate for some reason.

On the way, sure enough, we get pulled over. my fare gets really uneasy, which starts making me uneasy. I said sorry that this happens sometimes, and the last time it happened the cop just gave me a warning. he was just silent, looking around a lot.

To make a long story short, the cop decides to search my car because it "smells like weed" and he finds a little cellophane thing (like what you get off cigarettes) with some weed and pills, i don't know of what. He arrests both me and the passenger.

I just spent the last several hours in jail getting processed and released. They wanted to offer me a plea deal, I think, by asking me where I got the weed, but all I could say is it wasn't mine, it must've been the passengers, but they seemed uninterested or unsympathetic. They gave me a citation and told me to come back on friday for my court date.

Am I fucked here?

Answer: Very sorry for the two day delay in seeing your post here - I work for Uber and the last thing I want is for you to be guessing at whether or not we're here to help.  I've sent you a PM.


Title: Does the woman who tripped the Syrian Refugee have any legal basis to sue Facebook?

Question:
Here is the article about what i'm saying: https://www.rt.com/news/319316-reporter-hungary-refugees-facebook/

The article:

> A Hungarian camerawoman fired for kicking refugees is going to sue Facebook for bias and helping to fuel hatred against her, a Moscow-based daily reported. She is also considering moving to Russia.
In September, reporters covering the EU refugee and migrant crisis on the Hungarian-Serbian border caught Petra Laszlo tripping a refugee with a child in his hands on camera. The incident blew up into a major international scandal in the days following.

> The accused camerawoman, Petra Laszlo, who worked for Hungary’s N1TV at the time, has apologized, saying it was a mistake. She explained in earlier statements that she had panicked and wanted to protect herself when hundreds of asylum seekers broke through a police cordon in a field and ran in her direction.

> In an interview with Russia’s Izvestia newspaper published on Tuesday, Laszlo clarified that she was only “trying to help police,” as the refugee had not obeyed orders.

> “I pushed him only because I was afraid. I did not see that there was a child. I’m sorry that it turned out this way,” she told the paper.

> Laszlo says her life has never been the same since the incident. She has been dubbed a “heartless, racist, children-kicking camerawoman,” fired from her job, and threated by haters following the scandal.

> Meanwhile, the Syrian Kurdish Democratic Union Party (PYD) has claimed that Osama Abdul Mohsen, the man tripped by Laszlo, was a member of the Al-Qaeda-linked Al-Nusra Front and had committed crimes against civilians. The allegations did not change public opinion, however.

> “I can definitely say that my life is ruined. It’s unlikely that I will be able to find a job and do what I like the most,” she told the paper.

> The camerawoman said that at least 10 fake ‘Petra Laszlo’ accounts containing improper contents have appeared on Facebook and some people have offered some $20,000 for her murder via these groups.

> One such group still exists under the name “Petra Laszlo,” which boasts more than 10,000 likes on Facebook.

> Laszlo told Izvestia that she asked Facebook’s management to delete these groups, but claims her letters and complaints to Facebook have been left unattended and that, instead, the social network has intentionally deleted groups supporting her.

Answer: She has no basis under US law.  Can't speak to Hungarian or Russian law.  Sounds like her ideas of free speech would fit right in in Russia, though, so that might be a good move for her.


Title: [TX] Hired a lawyer for a civil case. Lawyer agrees to case and charges a large retainer. Soon after he declares a conflict of interest and leaves with no refund.

Question:
Like the title says. We hired a lawyer who agreed to the case for a retainer of several thousand dollars.  A month passes with hardly any work done aside from a few emails here and there. Next thing the attorney says he can’t proceed with the case due to a conflict of interest.   Here I am nowhere further in our case and am thousands of dollars out of pocket
Is this legal or allowed by the bar.
Shouldn’t a lawyer know a conflict of interest before accepting and charging for our case.
Is there not consumer protection against these kind of things?
Topic:
Other Civil Matters

Answer:
 Conflicts can't always be anticipated at the start of representation. Sometimes they aren't discovered until later.

You're entitled to the return of the unused part of your retainer. You don't really even have to ask, but you should.Answer #2: Did you ask for a refund of the retainer and what was the lawyer's response?  Does he say he performed work and exhausted the retainer to pay for that work?

Also what was the nature of the conflict and why didn't the lawyer discover the conflict before he took the case?  It's common that lawyers do a "conflict check" and decide if they have a conflict before performing work.


Title: US law - Can non resident aliens protest and exercise freedom of speech?

Question:
I am an immigrant with a valid F1 visa. Given the stance the president has taken regarding the current protests, can I tweet/post on social media or protest publicly in support of the black lives matter movement? In that case, can I participate in any protest or publicly express my opinions that are opposed to the president's opinions without breaking any laws?

Hypothetically, my opinions specific to this matter would be "police should be held accountable" or "there should be no discrimination on any basis, race, gender or sexual orientation etc"

I am from India. When some foreign students participated in the protests against citizenship amendment bill,my government cancelled their visas and deported them.

Answer:
 You're not going to get in trouble with the US government for saying anything an American could say.  While you are here, your speech is protected as long as it doesn't incite imminent violence or constitute a criminal threat against any individual.

But do not get arrested at a protest -- that puts you in a whole different arena.


Title: [AZ] Community college is asking for money and won't let me graduate until I pay up

Question:
In 2011 I started going to a local community college. I went for 2 years but dropped out with 2 classes to go until graduation as I got a job offer I couldn't pass up. This year I decided to take a student loan and go back to finish the degree. I got 3 weeks into classes when I was told my student loan had been disqualified. I got this notification one day after the full refund date for dropped classes. I was told that I had 2 options, pay in full immediately, or dispute the charges. However to dispute the charges I would have to drop out and recieve no credit. I decided to dispute the charges and dropped the classes that same day. Today I just heard back that they are denying my claim and are still charging me the full amount. Additionally they will not let me re-enroll or apply for graduation until I have paid.

I intend to go to the Dean of Students to talk about this matter and am toying with the idea of going to local news but I would like to know if they are on any sketchy grounds legally as well. This whole thing seems shady if not downright extortionate.

Thanks in advance

Answer: Local news won't care.  Visit the financial aid office in person and escalate from there.


Title: Friend living out of state just found out she has a warrant for arrest for "Risk of Injury to a child" because she was the last to be responsible while babysitting, based off 7 year old's changing story

Question:
My good friend moved back to North Carolina over a month ago, and was just notified of a warrant for her arrest based off the following:

* She was babysitting for a 1 year old and his 7 year old brother
* She noticed a red mark on the 1 year old's face under his eye
* She texted the father, who said he didn't notice anything when he dropped the child off an hour earlier
* She gave the 1 year old a bath
* The next morning, the father and mother were there to pick up both kids
* Nothing out of the ordinary was discussed, said or arose.
* While my friend was using the bathroom, both the mother and father left with the children before she got out.
* Later the next day, DCF notified her saying there was suspicious bruising on the 1 year old, who had 2 black eyes and other scratches on the face
* The 7 year old had told his mother my friend pinned the 1 year old to the bed and struck the 1 year old repeatedly in the face because the 1 year old didn't stop crying
* The 7 year old later changed the story that she struck the 1 year old in the bath tub because he kept throwing his toys out
* The 7 year old later changed the story 2 other times in different fashions
* DCF visited my friend in her house and found nothing to warrant alarm, abuse or proceed with any charges
* The mother of the 7 year old and 1 year old filed a restraining order against my friend
* The 7 year old has had 14 issues in his school for hitting other kids, bringing a knife to school, striking teachers, throwing a chair, acting out
* DCF said that because of a lack of evidence, they had no choice but to proceed by using the 7 year old's original statement
* My friend just found out yesterday that there was a warrant, and unless she turns herself into the PD in CT no later than 7 am friday morning, they will be raising the bail from 25,000 to 150,000

I was just informed of this tonight.  I want to help my friend out by offering her a ride or a place to stay, but I don't know if I can get in trouble for it (she's coming back from NC with no place to stay).

I guess what I'm asking is, what should her next steps be.  She doesn't have a job, or a place to stay.  Doesn't have any money and her and her kids are in NC living with her own Mother together.

I can't believe the state of CT is acting on circumstantial evidence and actually pursuing abuse charges due to a "lack of evidence" - citing a 7 year old's changing testimony and dismissing the text paper trail between her and the 1 year old's father about the red mark she did find on his face as "suspicious at best."

I told her to consider turning herself in Thursday night instead of Friday morning, but what can she do, or what should she be preparing to do in this case?

Answer:
 Your friend needs a defense lawyer end of story. Don't house her or give her a ride for now. Answer #2: You friend needs to get a lawyer and not talk to the cops without a lawyer other than to confirm identity.Answer #3: >My friend just found out yesterday that there was a warrant, and unless she turns herself into the PD in CT no later than 7 am friday morning, they will be raising the bail from 25,000 to 150,000

Is this a quirk of CT that bail is set by the police with no hearing on the subject? This doesn't seem to add up.


Title: [UK] My girlfriend's sixth form art teacher is claiming legal ownership of my girlfriend's artwork.

Question:
I can understand if the sixth form is allowed to display the artwork - which is their intention - but does it legally belong to them? The tutor is allowing other students to remove their art but then asked for money from my girlfriend (due to the frame, which seems understandable) and is now claiming legal ownership of the paintings. One of the works in question was created during an exam and the other as part of coursework if that's relevant.

So who owns art created by a student during education and within the art department?

Answer:
 Unless your girlfriend signed a document giving the school the rights to anything she creates, which i would be highly unlikely for 6th for college, then no the teacher has no claim.
If he wants compensation for the frame and she dosent want to pay, just take the picture out of the frame, if the teacher still isnt playing ball the principal will be your next stop.Answer #2: She owns her own artwork. She should tell her parents and the principal/headmaster about this. Answer #3: Unless a written agreement exists, the student. The ownership both of the physical work product and of the copyright (which is a separate property) belongs to the student.


Title: I live at home (24m). My mom has an in-home daycare center. I just signed up for a medical marijuana card under the same address as the registered day care center. Help, I think I'm in trouble.

Question:
I think I'm in serious crap here guys. I didn't think it through. It was a spur of the moment "I hate trying to find a hook, I'm just gonna get it decisions.

Is there anything I can do to prevent, or remove myself from the list of registered users?

Will that make a difference? If not, can I move out to make sure it doesn't disrupt my mom's daycare? She loves her kinds and spends so much time with them. I know she loves them like family. She's even a godmother to who was then a stranger.

Can really use your help reddit!

any suggestions on where else to post?

Thanks!

Answer:
 Signed up with whom? You think you're in "serious crap" with whom? Why do you think that? You've got to be clearer about what's going on here if you'd like help. Answer #2: What state are you in? And by "just signed up", what do you mean?

You might try /r/trees. A marijuana-oriented sub would probably have more detailed info to give on the whole process and how you can go about canceling your registration.


Title: Help, friend in need cant get a lawyer to get him back into court. [VA]

Question:
Short story: I went to jail for a week, met a really nice guy. We became great friends inside. Just before his first kid was born, he was arrested for a small distribution charge. Now one of the nicest guys I know can't watch his kid grow up because of a stupid mistake.

He sold a small amount of heroin to a friend because he had tried heroin and didn't want to ever take it again because fear of addiction. He was caught, and sent to 15 years in prison with 9 suspended. He wants to get a reconsideration for a shorter sentence since he's learned his lesson and just wants to be with his family. Every lawyer they try and get, the need money up front and his mom can't afford it. He's completed the "Alpha" program at jail and even has a letter from judge saying if he can get bridged back into court it was likely they would shorten his sentence.

What can we do to help him? I talk to his family all the time, trust me, this guy got the shit end of the stick of justice, taking a kids dad away is way too harsh of a punishment for something so stupid. I know "he broke the law he has to deal with it" is common among stories like these, but rest aside all moral opinions on that. He doesn't deserve 6 more years of his life for a mistake.

Answer:
 First: selling heroin is not stupid or little criminally speaking.

Second: the only option is to find money for an attorney. Borrow, beg, whatever (legally).


Title: Lawyer Watched Client Tresspass and Grafatti my Backyard... Grounds for Bar Complaint?

Question: We're in the midst of a property dispute and before any surveys had been done, my neighbor and his lawyer climbed into my backyard unannounced. The lawyer then watched as my neighbor spray painted what he thought was the property line. Is this grounds for reporting the lawyer to the California Bar? The survey has been completed since, and his line is close but not exact - he definitely painted my property... in addition to just being a bully with a spray can. This is all on video.

Answer:
 As a surveyor, this situation strikes me as an overreaction. You and your neighbor are trying to find out where the property line is. He marked where he thought it was. He was close, but was slightly on your property.

I don't understand how this is a big deal. Answer #2: In my view I always proceed extremely cautiously when the idea arises to attack the opposing party's lawyer, as opposed to the opposing party him/her/itself.

Consider your actual evidence carefully before proceeding.

I don't have the particular details, but even if the lawyer was there, how could he have actually stoped his client? He may have advised him not to do it, he may have warned him of the consequences, aside from that there is little he could have done to stop the vandalism/trespass.


Title: Gave my notice after two years. I'm being discriminated and my boss refuses to do anything about it.

Question:
t looks like I can’t really hold job for longer than 2 years but I feel like this time it’s not even my fault. Let me explain why.

TLDR: today I gave my notice because of discrimination at work

I started to work as Hotel Night Manager 2 years ago in December 2015. When I was interviewed for this position I was told there is team of 3 of us. One guy who already works there from beginning and he is Night porter and another night porter who starts the same day as me. When we started working together with the new person I soon realised this person has absolutely nothing to do in this position and will never be good and there are few reasons why: he is deaf on one ear and half deaf on the other one, his pc skills are none - he doesn’t even know what is internet browser, he has a lot of health issues and miss like 40% shifts and generally he isn’t the smartest guy and I don’t mean it as insult, it’s just a fact. He doesn’t even know 50% from £100... So when we both were in probation period I recommended to let him go and get someone else. My boss said that he will give him a chance so I spent 2 years looking after this person and doing most of his duties and correcting mistakes he does every day. Due to his health issues, he has rotting skin on his leg and his leg is also leaking some fluid. The smell is horrendous and I would compare it to dead rotting animal. So this is what I had to deal for 2 years.

The other problem is that I was supposed to be leading Night team but when I tried to make some changes, the guy who works for the hotel for 8 years told me he is also Night manager therefore he’s not gonna listen to any orders. So I was like what? Asked my boss what is his position and after 2 years I still officially don’t know because my boss ignored me.

In December 2017 things went so far that I said stop and raised the grievance against my colleague.

1) his personal hygiene does not exist, my colleague stinks and it’s breach of contract. He admited he does but it’s the bandage and he would need to go to doctor daily.

2) after two years he still can’t do basic tasks and makes the same mistakes. When I ask why he says I have never done it before even he was trained for the same thing multiple times in past

3) he is cheating with hours. When I off work, the other night manager lets him go home 2 hours early while he still claims 8 hours shift

4) sometimes it happens we end up on night shift alone because the second person calls sick or is on holiday. I’m still expected to do all jobs which should be done by 2 of us. When I call sick, the night ported who isn’t able to do anything, he gets £11 per hour because of the extra responsibility when he’s alone. When I asked my boss if I can get the same when I’m alone he said no, you are already on managers wage (£9 per hour). I feel like this is ridiculous he gives £11 to the guy who cannot do anything while I get £9. How is this fair???

When I raised the grievance, my stinky colleague raised grievance against me as well

1) I’m not a good team leader

2) he didn’t get enough training

So I was invited to a meeting to discuss HIS grievance. It’s clearly stated in the letter that the meeting is about my colleagues grievance.

I easily defended myself

1) there are two night managers, how em I supposed to be leading nights if I don’t even know what my colleagues official position? I was told I will be Night manager and have 2 night porters and in reality there are 2 managers and one night porter therefore I’m unable to lead anything. Also the other night manager is not expected to be leading nights at all? Why only me? Also the other night manager is on £10 while I’m on 9£ per hour for the same job???

2) he was provided enough training, he was trained multiple times for everything

After this meeting where we discussed his grievance I received letter that my grievance I raised 6 weeks (!!!) ago is now closed..

1) my colleague was told to improve his hygiene

2) his training folder is missing so we have to train him again (I think my boss made it missing intentionally)

3) he was told to not go home early anymore... (wtf? No consequences for cheating for 2 years?)

4) my colleague will no longer be paid extra money for lone shifts so neither I.

I was not even invited for a investigation meeting, they just assumed the meeting where we discussed my colleagues grievance is enough.

So based on this I realised I can’t do anything about it. They expect me to stay on shift with someone who stinks, who doesn’t know how to do his job after two years, someone who calls sick all the time and someone who breaches contract every day he comes to work. Today I lost it I gave my boss notice. He wants to speak to me on Monday because he feels I gave the notice in rush end emotional (and that’s probably true) but I don’t see myself staying at place where they evidently discriminate me and I can’t do anything.

I couldn’t sleep for the rest of the day today so I called in sick and don’t plan to go to work until Monday.

Any advice? Many thanks.

Answer: You used the British pound sign (not sure how to find it on my phone). Try /r/legaladviceuk. Should get better results there.


Title: My dog bit a girl I was seeing and she is now utilizing a lawyer to cover medical bills

Question:
First off, She handled the bite like a champ. She took the fault for putting her hand in the way of his food. She was such a good sport about it.
At the immediate time of the occurrence, I took her straight to the ER, and she has medical coverage so both  the initial visit, drugs, and follow up with the ER a few days later were all covered. However, She was referenced to a hand specialist who recommended that she proceed with surgery and PT for 12 weeks. Those procedures are not covered by her insurance, so she filed a police report, lawyered up and I am now expecting to her from her lawyer within the next few days.

So as far as what I should do on my end. It goes without saying, the dog was recently and humanely euthanized after animal control made two
Visits to my home to determine he was not rabid or diseased. Now should I lawyer up myself?
I have a court date in about 5 weeks.  I don’t have cash or credit to cover the out of pocket cost of her surgery. I want to do what I can to make this process as easy for all of us as I can. I have no animosity towards her and take all fault for the incident. I’ve never been in a situation like this or to court for anything, so I’m not sure what to expect.

Answer: Do you have renters or home insurance?


Title: Being held in jail past "set" release date. (NC)

Question: Relative was sentenced to 7 days +previous time served. He went in last Tuesday (1/02/18) around 4pm, but he  was not released yesterday (1/09/18) because the Corrections officers said there was no set release date written on his paperwork. Now I'm being told that "the bus" comes tomorrow where people are sent to DOC. His  lawyer claims she's doing the best she can. (She's always seemed sketchy to me. When she first told him about the 7 days plea she worked out in what was supposed to be their last meeting, she said "see you in the near future" which to me sounded like she was assuming he would be back in trouble) Anyways, this all seems like it violates rights somehow. Does it?

Answer:
 First step: verify what his actual sentence is. If he is in jail and then being transported to prison/DOC, then he has a sentence of more than seven days.

If he was sentenced to seven days and then to be released to house arrest or a work release program, those would also be handled by the DOC and his transfer to one of those programs could be delayed by HA/work release schedules.

If he was sentenced to serve seven days and then he was free and clear, then it’s possible he has a detainer.


Title: Louisiana; My one cousin's 17 year old son tested as the father for my other cousin's 11 year old daughter's baby. She is about 6/7 months along and the police arrested him. Please tell me he is facing jail time (he isn't cognitively impaired or anything)

Answer: I'm so glad you've come with that point of view. Yes, he will see incredibly serious consequences for this including but not at all limited to prison time. As a 17 year old and with an age gap so massive and a *pregnancy* to top it all off, they may decide to charge him as an adult which would make his consequences grander and longer lasting. Lastly, protect that child at all costs. She's going through one of the most difficult things she will ever experience and she will be effected by this for the rest of her life. Answer #2:  Yes, that is sexual battery in Louisiana. I'm curious though? How has he already been paternity tested?  Prenatal tests are pretty rare here.Answer #3: There are some comments in here that should get people banned from commenting in this sub


Title: (New York) My SO and son were in a car accident. The other driver (at fault) has retracted his admission of guilt... What do we do now?

Question:
Last week, my boyfriend and our infant son were involved in an accident.  I 100% believe that my boyfriend was not at fault because of the following reasons:

1) He was not in a rush to get anywhere.  He was 5 minutes from his destination and was not in a hurry (off of work that day).
2) This is an intersection that we pass through daily.  He knows that traffic in the opposite direction tends to speed and would not be likely to run a light here.
3) Our son was in the car, and I know that he would never put his own child in danger.

At the time of the accident, the other driver admitted to my boyfriend that he had sped through the light to attempt to make it onto the freeway.  However, he has since retracted that statement and claims that he ran a yellow light instead.  This would mean that my boyfriend had run the light, and I in no way believe that was the case.

Since there were no cameras at the intersection, how do we go about this in court?  Our only car is now totaled and my SO has sustained some injuries from the accident (luckily, our child is fine).  It is not recorded in the police report that the other driver admitted fault, but it may be recorded in the background of a 911 call.  I am worried about the legal expenses that we will now have to pay, as well as payments for the car, since it is still leased and the other driver/his insurance will not pay for anything until this is resolved.

Please help...

Answer: What the other driver may or may not have said to your boyfriend at the scene is immaterial. File an accident report with the DMV and a claim with your insurance.


Title: [Texas] Just found out my company is using 2 separate accounting books. What can I do?

Question: I have been struggling to make money every month. Every time we would get great sales, I would be excited to go check my profit and loss. Turns out, something ALWAYS came up and I would be just slightly in the hole. Well, after months of stewing over one of my best months, I asked to get their copy of the numbers to compare. They were completely different than the numbers I was originally given. THOUSANDS of dollars different. MY BONUS has been cut because I "didn't make money" yet according to this new sheet I definitely made a profit. When I brought it to the owner's attention (when we stopped screaming) and the person in charge of the books said "I am running 2 books just like you asked!" WHAT?!?!?!? Is this legal? I have lost so many monthly bonuses and have worked my ASS off for this company. What can I do?

Answer: If he's screwing you, he's screwing Uncle Sam. Drop a dime to the IRS.


Title: (MN,US) No lights in rented townhouse.

Question:
A friend of mine recently moved and now lives in a low income townhouse in Saint Paul, Minnesota. Her home does not have any light fixtures except in the hallway, kitchen, basement, and bathroom. There are no lights in any of the bedrooms or in the living room.

Also, during an inspection, her landlord said that the use of lamps in the rooms (without lights) is not permitted and is a fire hazard.

Is this illegal?

Answer:
 Your friend should probably talk to the city's code enforcement office and ask about this. They may be very interested in the landlord's assertion that using lamps is a fire hazard.

If she has a social worker, or if her housing is subsidized or coordinated through a program, they may also be able to help.


Title: How often and feasible is it for lawyers go between NYC and North Jersey for employment?

Question:
I’m excited that I will be starting law school in the coming Fall at Rutgers Newark, as I would like to initially begin my career in North Jersey.

Generally, I want to stay within the North Jersey area for personal and professional reasons (I will also be taking the bar for both NJ and NY). However, the future can be unpredictable.

For example, let’s say my wife finds a great job in NYC, but the commuting distance between my job and hers is too large. We decide to move somewhere in the city to accommodate, but in the process I need to find a new job somewhere in NYC. Or, I’m searching for a new job and I find a position that’s in alignment with my interests, but it’s in Manhattan and I’m currently practicing somewhere in North Jersey.

If I am practicing for a couple of years (+3), and I get some experience under my belt, is it somewhat feasible to find employment in NYC after practicing in North Jersey, or is it too difficult or strenuous to attempt?

Answer:
 North Jersey-based grad here. The commute to NYC is very doable and there are great places to live all around. There’s the Jersey City/Hoboken area, which is right next to NYC, and there are people who take the train from towns about an hour away from the city, or drive closer and take public transit. Some attorneys I know live in the city and reverse commute into north Jersey, too. You’re probably better off posting in r/newjersey or another sub for more detail.

As for the employment question, it’s generally harder to get into the city than it is to leave, but the market is in an interesting place right now, and that general principle doesn’t always apply with the same level of force to every sub industry in the legal field.


Title: My RX prescription is lost in the mail, what do I do?

Question: [deleted]

Answer:
 The doctor is under no obligation to rewrite a prescription that has been lost, especially for a CII. The best thing you can do is to continue to work with your doctor or find someone closer to where you live and explain it to them.

Sadly, the Post Office probably will not be able to help at all. Letters get lost sometimes, and it will probably never be found.

Best of luck to you!


Title: Judge ruled based on emotion and said so on record.

Question:
So the title is the Tl dr. I have no way of explaining this susinctly.

The background on the situation is this, when I was 14 (weeks away from turning 15) I met a man who was 20 years old. I fell for him and we entered into a relationship. We had sex. In Texas this was illegal. We were in his car after curfew one night and a police officer saw us. We were asleep. My parents were called and I was in trouble. Because there was no evidence my parents decided not to press charges that night. Later they met with him and recorded him confessing to having a sexual relationship with me (Texas is a one party state) and warning him to stay away.

A year later after having gone through in patient psychiatric treatment along with extensive out patient treatment, I called him again. He imidiatly told my father and I was repremanded. 4 months later I called him again. We began talking and we entered into s relationship again. It lasted for 3 months before we got caught.

This time my parents pressed charges for stautory rape.

A year later after many delays his lawyer was able to work out a plea bargin for a lesser charge of (I believe) assault on a minor. He got 12 years probation and doesn't have to register as a sex offender. (Also the words defered adjutication were mentioned) (I believe he still has to follow the rules of sex offender probation however, I'm not sure of the details.)

I'm 17 and do not live with my parents due to the emotionally abusive environment I was raised in. After he was given the plea deal? But before it was finalized (I believe it is finalized on Monday) my parents decided to file for restitution in the form of 5 grand. (The claim being that the medical bills incured after our relationship were due mainly because of the relationship) I was supeonad by the defendants lawyer and showed up to share my testimony yesterday afternoon. I sat outside during my mother's testimony so I didn't hear what she said exactly (although it was relayed to me after the fact) but I was told that she claimed my relationship with him made me attempt suicide. (This is not true.) And that I had to switch schools because of the relationship,  to a therapeutic school (also not true. The switch was necessary because the previous school I was in was not actually educational and I needed a place I could transition from the in patient environment into a public school) she also said thst he perused she me (also not true) she typed up all the costs and it amounted to almost 60 thousand dollars.

When I was on the stand I was asked what the therapy was for, I was asked if it pertained to my relationship with the defendant and I was asked if the costs stated on the sheet were all after my relationship started with the defendant.

I had been in therapy since I was 12, I'm 17 now, the therapy after my relationship with the defendant first started was related to grooming done by my father best friend and also rebuilding my relationship with my family after I had lied for so long.

After my testimony I was allowed to sit in the court room for the judges ruling. The judge then said he regrets allowing a plea bargin for a lesser deal, that because he had 4 daughters he felt that what the defendant did was wrong. He thought it was *clear* that all the costs were related to our relationship and that he was disgusted by the defendant. He then ruled that the defendant would owe my parents 9600 dollars and then cautioned him to "never come before me again, because next time I won't be so lenient."

I just want to understand how his disregarding my testimony and the ruling based on his emotions was legal or if I am just reading far to much into this.

Answer:
 >I just want to understand how his disregarding my testimony and the ruling based on his emotions was legal or if I am just reading far to much into this.

You are reading too much into this.  What the judge said doesn't mean he disregarded the evidence, nor does it mean the ruling was based *solely* on emotion.Answer #2: >A year later after having gone through in patient psychiatric treatment along with extensive out patient treatment, I called him again. He imidiatly told my father and I was repremanded. 4 months later I called him again.

What the hell is wrong with you?  Now, I am not defending this guy in the slightest, but he actually tried to stay the hell away from you, like he was supposed to, and you drug him back into this shit show.  Why the hell would you do that?Answer #3: >I just want to understand how his disregarding my testimony and the ruling based on his emotions was legal or if I am just reading far to much into this.

He's allowed to disregard your testimony. That's what fact finders
(sometimes that's a jury, sometimes it's a judge) do at trials--they decide which witnesses they believe, which they don't believe, and then they reach a decision. But if he only ordered the defendant to pay $9,600 when your mom asked for $60,000, it sounds like he didn't actually disregard your testimony at all.


Title: L.A. Jury Summons problem

Question:
I failed to appear for jury summons a couple of weeks ago because I misplaced the summons and totally forgot. This was a postponement from June, and I apparently missed one in February of 2014. Part of the problem is that my summons is still under my maiden name and not my married name, so mail addressed to my maiden name does not always make it to me.

Now I have a summons that says I must appear on Feb 19, except I'm out of the country from 2/07-2/22. I called their service number and explained this to them and the lady said I need to appear, my summons cannot be extended and I need to explain the situation to the clerk when I appear. She could only move my summons up to next week on Thursday, 2/05. The summons says I need to be prepared to serve the following week too and I cannot do that because I leave 2/07. Would it be possible to show up this week, even though my summons is next week, and try to talk to someone? I'll pay a fine, I'll show up the week I get back from my trip. Any advice on what to say or do besides what I've written? Thanks!

Answer:
 If you fail to show up a 2nd time, they'll issue a warrant for your arrest.  So make sure you show up.  There's no way to force them to move your jury service other than asking.  There is no requirement that they accommodate your exact schedule.

My suggestion would be to show up on the 5th.  If called to a jury panel, they'll ask about your ability to serve on the jury.  If you can't serve due to travel, they'll almost assuredly excuse you.  Worst case, they'll require you to serve again soon and you can push it off that way.

You cannot just show up early or show up late, they will not credit you for service.


Title: [VANCOUVER, BC] I have a small partnership business of which the assets are currently be liquidated. Partner just emptied the bank account. Threatens to call the cops if I come near the retail propery. What are my rights? Is this legal?

Question: Please let me know what the relevant details may be for the this matter. I am essentially being bullied out for the liquidation process under accusations of being a security threat to the process. Could someone point me in the right direction with regards to dealing with this? I have all the banking information but need to know which office(s) to call to secure the original partnership documentation.

Answer: Contact your lawyer. This will get ugly.


Title: NC: Someone moved family members gravestones

Question:
A small rural church near my family's home is where many of my relatives are buried, I would say 98% of the people buried there from the last 100 years are kin. This includes immediate family as well as distant (grandparents, aunts, uncles, cousins, a brother, etc). We have no dealings with the actual church. A few months ago my father noticed that the grave markers for my great aunt and uncle had been moved. Their graves were at the very front corner, and were the only two in that "row," making them sort of stick out closest to the church building. This happened to coincide with the church beginning construction on a new addition which comes very close to where the markers were. The stones were moved to where the foot markers would be, making it seem that the graves are further away from the new building. This makes no sense because now there is a tree directly on top of where it looks like they are buried. When my father confronted the church people they claimed that they were always there, which he assured them was not the case, at which point they played dumb and said that they had no idea what was going on. Our thought is that they moved the stones either to circumvent some kind of building code violation for building too close to a grave or so that they could more easily drive construction vehicles through. That of course is conjecture on our part. What we do know is that no one in the family did it or knows who did, and no one is happy about it. I looked it up and it is a crime in the state of North Carolina to alter grave markers. I told my dad that we should file a police report, if nothing else but to have it on record and to make a point. We live in a small rural county and I would be shocked if a deputy would even go to the church let alone speak to anyone there. We aren't litigious people, but this angers me beyond belief and I want to make it so that these people don't get away with doing this. I could care less about monetary damages, but a formal apology or at least public embarrassment for the church would make me happy. Legally, do we have any course of action other than just filing the police report?

The statutes:

§ 14-148.  Defacing or desecrating grave sites.

(a)        It is unlawful to willfully:

(1)        Throw, place or put any refuse, garbage or trash in or on any cemetery.

(2)        Take away, disturb, vandalize, destroy or change the location of any stone, brick, iron or other material or fence enclosing a cemetery without authorization of law or consent of the surviving spouse or next of kin of the deceased.

(3)        Take away, disturb, vandalize, destroy, or tamper with any shrubbery, flowers, plants or other articles planted or placed within any cemetery to designate where human remains are interred or to preserve and perpetuate the memory and name of any person, without authorization of law or the consent of the surviving spouse or next of kin.

(b)        The provisions of this section shall not apply  to:

(1)        Ordinary maintenance and care of a cemetery by the owner, caretaker, or other person acting to facilitate cemetery operations by keeping the cemetery free from accumulated debris or other signs of neglect.

(2)        Conduct that is punishable under G.S. 14-149.

(3)        A professional archaeologist as defined in G.S. 70-28(4) acting pursuant to the provisions of Article 3 of Chapter 70 of the General Statutes.

(c)        Violation of this section is a Class I felony if the damage caused by the violation is one thousand dollars ($1,000) or more. Any other violation of this section is a Class 1 misdemeanor. In passing sentence, the court shall consider the appropriateness of restitution or reparation as a condition of probation under G.S. 15A-1343(b)(9) as an alternative to actual imposition of a fine, jail term, or both. (1840, c. 6; R.C., c. 34, s. 102; Code, s. 1088; Rev., s. 3680; C.S., s. 4320; 1969, c. 987; 1981, c. 752, s. 1; c. 853, s. 4; 1993, c. 539, s. 87; 1994, Ex. Sess., c. 24, s. 14(c); 2007-122, s. 1.)

§ 14-149.  Desecrating, plowing over or covering up graves; desecrating human remains.

(a)        It is a Class I felony, without authorization of law or the consent of the surviving spouse or next of kin of the deceased, to knowingly and willfully:

(1)        Open, disturb, destroy, remove, vandalize or desecrate any casket or other repository of any human remains, by any means including plowing under, tearing up, covering over or otherwise obliterating or removing any grave or any portion thereof.

(2)        Take away, disturb, vandalize, destroy, tamper with, or deface any tombstone, headstone, monument, grave marker, grave ornamentation, or grave artifacts erected or placed within any cemetery to designate the place where human remains are interred or to preserve and perpetuate the memory and the name of any person. This subdivision shall not apply to the ordinary maintenance and care of a cemetery.

(3)        Repealed by Session Laws 2007-122, s. 2, effective December 1, 2007, and applicable to offenses committed on or after that date.

(a1)      It is a Class H felony, without authorization of law or the consent of the surviving spouse or next of kin of the deceased, to knowingly and willfully disturb, destroy, remove, vandalize, or desecrate any human remains that have been interred in a cemetery.

(b)        The provisions of this section shall not apply to a professional archaeologist as defined in G.S. 70-28(4) acting pursuant to the provisions of Article 3 of Chapter 70 of the General Statutes. (1889, c. 130; Rev., s. 3681; 1919, c. 218; C.S., s. 4321; 1981, c. 752, s. 2; c. 853, s. 5; 2007-122, s. 2.)
Topic:
Other Civil Matters

Answer:
 If the police don't do anything, you may be able to get an injunction to make them put the stones back.  You'd need to talk to a lawyer, though.

In law school, they made it sound like courts take this kind of thing seriously, but I have no idea how that plays out in reality.


Title: Wife terminated during Paid Family Leave?

Question:
My wife sent in a two week notice while on paid family leave that she would not return to work after 12/8, which was her last day on paid family leave. She said in her letter that her last day would be 12/8. The letter was dated 11/22, and we received a letter in the mail on 11/26 stating that she was terminated effective 11/25.

We then received a letter stating that her benefits, as well as my newborn son’s will expire on 11/30. Basically they terminated her before the end of her paid family leave, thus cutting her benefits short by one month (until the end of the year). We then had to look into putting my son on my health insurance in order to go to his appointment this month.

My wife has sent an email to Human Resources stating they wrongfully terminated her before her paid family leave was complete. They reached out and said they would contact the right people to look into the matter but have not responded in 3 days.

We currently have had to pay a lot more in order to cover my son and wife this month because of the unexpected loss of coverage. Does my wife have a case here? We are in California.

Answer: She quit, when you quit 2 weeks is a courtesy, not a requirement, it was legal to terminate her as soon as she made it clear she did not intend to return to her position which FMLA had required them to keep open for her.


Title: Seller said he lost the registration to the police...

Question: [Rhode Island] I've been looking to buy a car recently and while working on a man's apartment today (I'm an apprentice electrician) he offered to sell me one of his vehicles. Thing is, he explained that he lost the registration when he got into a high speed chase with the police and collided with one of the officer's vehicles. I thought it wouldn't matter but was told it might. So, would this be a legitimate sale or would the police confiscate the vehicle once it's registered again?

Answer: If a registration is lost you would just call the DMV and ask for a new one... if a car was in a police chase that hit a police car the odds of it being still in the possession of the person who hit the cop are are as close to 0 as they come. This reeks of a scam of some sort.


Title: Would this hit court?

Question:
I'm talking about In the US. Just curious.

Lets say a women that has no concrete evidence aside from text messages accuses someone of drugging her and being a rapist. The accused rapist takes this into court for defamation charges because this affected his life since people think he is now a rapist. If this hits court, would the women be silenced? Both have no concrete evidence except the women has text messages that prove she was drugged based on what the male said.

Answer:
 >Both of them have no concrete evidence of anything except they were both dating.

and

> aside from text messages

seems mutually exclusive.


Title: (Phoenix, AZ) Can't get drivers license because I don't have insurance on a car I sold

Question:
I sold a car in May of 2015 (transferred title via public notary and submitted a sold notice online to the Arizona MVD).  In July of 2015 I received a suspension notice because there was no insurance on the vehicle I'd sold.  I went to the MVD in person, explained that I'd sold the vehicle, and the woman helping me looked up the sold notice and told me that I was fine and that the suspension would fall off.  I believed her.

Today: I moved and went to order a new drivers license online with the updated address.  The website won't let me order the new license and shows this message:

"YOU ARE NOT ELIGIBLE TO REINSTATE DUE TO THE FOLLOWING:
Court Ordered Mandatory Insurance Suspension, Effective from 07102015 to indefinite."

Have I been driving under a suspended license this whole time without knowing it?  If I go to the MVD and explain again that I sold the vehicle are they going to be able to do anything because the suspension was "court ordered"?  How would I even find out which court ordered the suspension so that I can begin the process of rectifying it through them?
Topic:
Traffic and Parking

Answer: Did you have insurance on the vehicle at the time you sold it? Were you required to?


Title: Apartment complex is violating my Fifth Amendment Right of Presumption of Innocence by denying my application. Should I take to civil court for damages or to force them to let me live there?

Question:
Hey reddit! My company is transferring my gf & me to Grapevine, TX. We looked at a lot of complexes and found the perfect one! A dream-come-true property. Everything about it is more than we imagined being able find. We applied and paid the upfront fees. Our credit and income are more than good enough, we have a flawless rental history, and no known barriers to entry; that is, until we were denied for "criminal record."

It surprised me that it even showed up in a background check because it was an arrest a year ago, and dismissed. A wrong place/wrong time situation where everyone at a friends' home was arrested without exception. I believe they overreached to encourage everyone to testify against the homeowner, but, regardless, the cases were dismissed. No indictments, no deferred, no convictions - ultimately, only an arrest.

The leasing agent explained the third-party background check company listed a criminal record as the reason for the application denial and explained her hands are tied as a result. After sharing the story with her, she compassionately facilitated a dispute with the report with the third-party on my behalf.

My attorney provided a written statement to the complex and third-party company explaining the case was rightly dismissed, that there was no indictment, and no conviction. He even provided to-date copies of my criminal record showing no results as well as a copy of the dismissal.

The third-party acknowledged this information and replied that they did not report a criminal record, only the arrest record, to the complex. They further provided copies of the FTC's FCRA documentation, the terms of their certification with the complex, and all the fine print I agreed to when I signed the application.

Within these documents I found the Qualifications section and read the Criminal Background criteria. This is a copy of the wording, "If any applicant or adult occupant has a criminal conviction or deferred adjudication, that information will be evaluated under our established policy regarding criminal history."

I interpret this to mean, I am eligible to lease and should be approved. My defense attorney's interpretation is the same and suggested I seek counsel from a civil firm.

I believe, contradictory to their own written policy, and terms of leasing, I am being denied for reasons that are not protected under the law; based mostly on my Law & Order SVU degree and Google searches. I believe my Fifth Amendment Right of presumption of innocence is being voliated and I am being prejudicially discriminated against. If that's correct, what should I do next?

I wouldn't usually consider fighting to live somewhere if I am unwelcome, but my gf is devastated and insists there is no where else she'd be content living. And I agree for the most part, its really perfect for us.

I probably sound righteously indignant, and entitled to anyone reading this. I'm only advocating for fair treatment because I have suffered in many ways as a result of this situation and need to defend myself - it has to stop somewhere. Am I able to sue for damages (reputation & duress) or sue to be able to move in?

Your help is greatly appreciated!

Answer:
 >Amendment Right of presumption of innocence is being voliated and I am being prejudicially discriminated against. If that's correct, what should I do next?

Private apartment complex is not bound by the constitution so that is certainly not correct.

They are, generally, bound by the FHA but that legislation does not restrict them from discriminating based on criminal records.Answer #2: > I interpret this to mean, I am eligible to lease and should be approved

You are eligible.  But they don't have to give you the apartment - ever.

>  I believe my Fifth Amendment Right of presumption of innocence is being voliated

A private apartment does not owe you a Fifth Amendment right.

If your attorney thinks you have a case, they can certainly help you pursue it.  I don't see one here, at all, but maybe they've got a better theory.  More to the point: this isn't happening soon enough for you to move in, so you'd be far better off finding a new place to live.


Title: German Shepherd not allowed in apartment complex

Question: My apartment complex recently informed me through writing that my German Shepherd is not allowed in the complex. It is a dog friendly complex, but they say this specific breed isn't allowed. However, they are only assuming my dog is a German Shepherd. Can I convince them that it is an American Alsatian (a nearly identical looking breed that is known to be calmer), or is it legal for them to require a blood test? I don't want to have to move, but my dog is family.

Answer:
 Did you sign a lease that said they aren't allowed?Answer #2: They most likely set the restrictions to match what their liability insurance restricts.

I would bet that if you could get a vet to attest to the breed you say it is, that would be enough to please the landlord. If not, it should at least buy you some time.

Good luck, update us!Answer #3: So you were almost assuredly given a lease when you moved in that contained a list of restricted breeds. You should not have signed the lease if you had a restricted breed. My complex bans pretty much all brands of pit, alsatians, malamutes/huskies, and GSDs. We recently got a dog from the rescue that is a lab mix, we were able to get the adoption people to say he's more lab than anything else. Perhaps this may work in your favor. However if he's obviously purebred GSD, you're out of luck. Answer #4: What does your lease say?Answer #5: >Can I convince them that it is an American Alsatian

Well, for starters, is it an American Alstian?  I've read and reread your post, and you never say for sure that it is the breed.  If it is a German Shepherd, you shouldn't lie about it.  Check your lease.  You probably signed something that says GS's are not allowed.

If it is an American Alsatian and you are prepared to state that under oath, then I'd approach them with an affadavit from a Vet stating such.


Title: I forgot to drop my college course, now they want me to pay

Question:
Long story short I registered for a class but forgot to drop the class when I decided not to attend that college at all. I just found out today that my name is on the role sheet, and Im technically a student at that college even though I havent been to a single class. Im planning to file a appeal for them to remove me but I recently got a letter saying my due balance is 3k and if I fail to pay they could lend the debt to a debt collecting agency.

Am I legally required to pay or would there be a possible case made against me in court?
Topic:
School Related Issues

Answer:
 Yes, you are legally obligated to pay. You signed up for the course, you took a spot in the course and then you didn't drop out. The university was not able to fill that spot due to your mistake.

The only way out of this is by the good graces of the university. If they decide to not let you out of it, you 100% legally owe them the money.Answer #2: If you didn’t withdraw from the course by the census/withdrawal date, the onus is on you.


Title: Emotional support animal in California

Question:
Hello! And thanks in advance for any responses! I live in Los Angeles and moved into a fourplex in January.

Me and my ex have 2 dogs that we share custody of and around February I asked my landlord if my dogs could come stay with me. She said no because we have hard wood floors and the previous tenants ruined the chance of anyone having pets in the future. The neighbor downstairs has a dog and carpet.

We did sign a lease that said no pets so of course I didn't argue with her. I recently got diagnosed with depression and a couple other mental diagnosis and my therapist said I'd benefit from having my pets back with me. I know the law is on my side but I'm really scared to give her the letter because I feel like she's going to find other reasons to kick us out after that. Should I just bring my pets with me and give her the ESA letter once she questions us about it?

Answer:
 ESA regulations are not intended for people who are sad at not having pets allowed in their lease. It's intended for cases like the kid with severe autism who can't connect with people, or the vet who feels alone, suicidal, and like their world is crashing down. You are making a mockery of an accommodation meant for serious illness.Answer #2: Emotional support animals are not recognized by the Americans with disabilities act, and no provision needs to be made for an emotional support animal. It’s NOT a service animal. Answer #3: >I know the law is on my side

Not necessarily. Emotional support animals are not Service Animals. I don't know the specifics for CA, but many places are cracking down on people doing the exact same thing you are. Read the [LA Wiki](https://www.reddit.com/r/legaladvice/wiki/esa).


Title: Living in a store Denver, Co.

Question: Can anyone tell me how to determine if you can live in a retail space in Denver? We are looking at several different buildings for sale and would like to build a small apartment inside to live in. But the codes for zones are pretty confusing. Any help is appreciated.

Answer: You should ask your real estate agent. Or your local city/county zoning board.


Title: I'm curious here [NY]

Question: I'm not the original poster, but I saw [this](http://np.reddit.com/r/AskWomen/comments/2xbnk2/women_who_have_been_to_jailprison_what_was_your/coz1man) post in /r/AskWomen and I'm curious if this woman has a case for entrapment or not (I know, ignorance of the law isn't a defense, etc.), or whether if entering through an open emergency exit in the subway is even illegal in New York. Thank you.

Answer:
 that's an interesting case, but probably not entrapment. everyone knows it's not legit to go through a propped exit gate. a guy dressed in civilian clothes urging people through isn't enough to compel a law-abiding citizen to break the law.

if the guy were in uniform and lying to people saying the turnstiles were broken, that'd be entrapment.

it's still a pretty low trick.


Title: Neighbor keeps coming on to my property without invitation and loiters in my yard with his dog. Also does yard work on my property while I’m gone.

Question:
Let me first start out by saying I have brought this to his attention multiple times. Additionally, I should note that I live down a pipe stem on 4 acres of land but we “share” a driveway.

So my neighbor has been walking his dog down my pipe stem up to where my wife and I have our cars in the driveway (essentially right in front of our house). When he does this, I can take my dogs out as I would like and also don’t want to go outside to avoid talking with my neighbor (we don’t exactly get along very well).

I mentioned recently that I would prefer he not walk his dog on to our property, especially without even bringing a back to pick up waste. He said okay and I thought that was the end of it.

My wife and I took a day trip to NY this weekend and when we came back, all of the leaves on the pipestem had been moved down the driveway and into a pile in front of my garage door. I know some may be thinking “maybe he was just being nice” and this is the same sentiment my wife shared. However, if someone was doing that to be nice, I don’t think they would have piled them up in front of our garage door.

On top of all of this, my wife and I received a letter in our mail box from them, telling us to make sure we don’t come onto their property with our dogs...I know, the hypocrisy.

Is there any legal recourse I can take? I understand none of this is violent or even egregious for that matter. That being said, I don’t want him on my property, I don’t want him doing work in my yard when I’m not home, it freaks my wife out when his dog and him are 10 ft from the house and makes it so I can’t even take my dogs out on my own property without additional confrontation. Please help. Have a great day.

Answer: If he comes on your property,  tell him to leave. If he won't,  you can call the police. If you're worried about it happening while y'all aren't home, install cameras. That is about it.


Title: DJing house parties as a minor?

Question:
I am a DJ and I want to DJ house parties.  ( New Jersey)

these do typically get busted by police and shut down at the end of the night... I have seen some parties where cops let everyone go and some where people get arrested or tickets for drinking or drugs.

Currently 17 turning 18 in a few months.

How do I protect my self from getting in legal trouble?

I was thinking about making a contract that said "not responsible for any noise related offenses or citations" and having the host sign it.

I plan on being SOBER at any party I dj and will not drink or do drugs while I dj but since i have to stay till the end ( ether we shut it down or the cops shut it down)

Answer:
 > How do I protect my self from getting in legal trouble?

Don't participate in parties where the law is broken.

> I was thinking about making a contract that said "not responsible for any noise related offenses or citations" and having the host sign it.

That has no bearing on whether you can be charged with noise offenses.  The host cannot absolve you of criminal liability in this matter.


Title: Brother says I can't talk to his ex until June 21 because she just got a retraining order on him

Question:
Why wouldn't I be able to talk to her she isn't putting one against me. Is he just saying this because he doesn't want me talking to her (I side with her instead of him, he's not a great human) he says if I do talk to her he'll get in trouble. I'm trying to find the logic in all this and I do want to talk to her if I'm allowed to.

We are in Massachusetts.

Answer: the restraining order probably says he can't use other people to try to talk to her for him. so it's very possible if you were talking to her, someone could argue you were helping your brother violate the restraining order


Title: Suspended from college for alleged sexual assault charge. Need advice for apology letter.

Question: I was recently suspended from my college after their student honor council found me “responsible” of allegedly raping a girl 3 years ago. There was absolutely no evidence of it ever happening and was just her word against mine. She knew how to play the female victim card though and I got suspended for a year. In order to reapply after my suspension to finish my degree, I have to write her an apology letter. My question, is how do I go about writing a letter about something that never happened without sounding rude to the point that they don’t accept it, but also not making myself sound guilty and possibly turning this into something further?

Answer:
 > She knew how to play the female victim card though and I got suspended for a year.

Those darn *feeemales*.Answer #2: You don't. It can be used against you in a criminal prosecution or civil lawsuitAnswer #3: Is transferring to a different college an option for you?  It would be ill advised to write an apology letter as it could be used against you in a later court proceeding.  Consult an attorney before writing anything if you really need to attend this particular college.Answer #4: Don't do it.

Get a Title 9 (Title IX) lawyer. You need to fight this yesterday. Answer #5: "I'm sorry that you feel like I owe you an apology."


Title: She’s a walking Jerry Springer show...

Question:
An unwanted occupant(brothers ‘girlfriend ‘) in my home-in Virginia-recently received an Administrative Summons for ‘Failing to meet the requirements’ in regard to child support...
her ex husband has custody of at least one of her 2 kids...she has ‘had a bad year’ with spotty employment and recent removal from her last residence.
According to her, some level of income will be coming to her from her ex-husbands ‘soon to be available’ military retirement...She’s basically a ‘dependapotamous’, it would seem...

In the meantime, she’s spent the last 2.5 months co-habitating with my brother in the basement that he rents from me,  staying up til 5/6am and sleeping til 4/5pm...and working in food service about 8-16 hours a week.
I was assured by her, when he invited her to stay, that she would be finding a second job and would just need a couple months to get back on her feet.
That hasn’t happened because, as she says, ‘I can’t get another job until I have a ‘permanent’ schedule at the job I have.’  Right...a permanent schedule at a part time job...ok

Whatever...enough venting...

Question is: What generally is the cause of this Administrative Summons being issued?
And what is the typical process she is facing in this situation?
Who IS this person in my house?

I didn’t have a good vibe when meeting this person and she’s done nothing to make me want to be accommodating...

Thanks for any input and stay warm out there!

Answer:
 >What generally is the cause of this Administrative Summons being issued?

Failure to pay child support.

>And what is the typical process she is facing in this situation?

She will have to show cause which it doesn't sound like she has. She's probably going to be ordered to get a full time job by X date.

> Who IS this person in my house?

That's a ridiculous question none of us could answer. You've met her, we haven't.


Title: Is it legal to mail a photocopied death certificate to notify a company/organization of a person's death?

Question:
No one has requested an official copy, but a family member of mine has recently passed away and I would like to notify every place he has had an account with, owes money to, or he was purchasing services from. I don't want to call them (as I'm afraid I'll be pestered by his debtors) and so I figured mailing a photocopied death certificate is the best way. Am I legally okay to make a photocopy and mail it?

Location: Utah

Answer: It's legal to make a copy and mail it. Whether the party receiving it will accept it or do anything with it is another matter. There are a few places I've run into over the years (mostly insurance companies) that really really want to see an original and not a photocopy.


Title: Help! mislead into a contract for a product that does not do what was promised! (USA) Florida

Question:
Sorry for bad formatting and grammar.

I had recently purchased a cloud based CRM system for my small business and was completely mislead about the systems capabilities. I specifically asked multiple times if the system performs a specific action and was told the answer is yes from 2 separate employees. I have them saying that on a recorded line as well as a webinar I attended where the representative answered my question falsely. They are saying I am stuck in a contract that I was mislead into. The product does not do at all what I was told it does, and the single thing I need it for, is the only thing I need it for. the credit card company is not allowing me to stop recurring charges without going through a very long drawn out process that almost isnt worth the time. I dont know what to do here, ive taken to twitter and have been very vocal on all of the executives pages and already filed multiple complaints. What can I do here?

[UPDATE] I put together all of the things you guys had said in the comments, and sent an email this morning explaining what evidence I have and shortly after explaining to them that I have all of this on a recorded line and what I needed vs what I was told and given they have nullified the contract. I am out $371 which if I really wanted to fight for I suppose I could but at this point im just happy there is a solution that has taken place.

Answer: Are you sure it doesn't do what you want it to do? Have you called their technical support and asked them?


Title: If the electricity is under my name, can I legally turn out the power to a room?

Question: I lease an apartment with my fiancee and other roommate. The roommate has been refusing to pay rent or bills. I talked to the management already who refuse to do anything because all three of us are on the lease. Since the wifi and electricity is underneath my name, can I turn off the power to his room legally?

Answer: No.  That would be a constructive eviction.  It is illegal everywhere that I know of.Answer #2: No, you cannot turn off the power (though I’m not sure how you would actually do it even if it was okay). You can certainly change the WiFi, password, though.  You can also sue your roommate in small claims court for the unpaid bills.


Title: [CA] Couldn't get a full refund, should I sue the lawyer?

Question:
I payed my lawyer over $1000 to help me get a restricted license. I had two accidents earlier this year within maybe a week of each other, and got a DUI in one of them. Because of that, the Department of Safety has considered me a "negligent operator" and I will be ineligible for any sort of driving privilege until my suspension is over. So I have no idea how we could have knocked that off my record even if we did get the hearing, but heres whats making me wonder if this could be taken to small claims court.

So without getting into all the details of the situation, I had fourteen days to send in a request for a hearing. I was not very cognizant of the deadline at the time, and hired my lawyer after the fact. Well, he sent in a letter that couldn't have possibly made a difference, and the only case that the DMV will accept a late request is in the case of an emergency where the person is in the hospital or something of that matter.

So I hired him for a case that was dead, and he gladly took my money anyway. After sending numerous emails explaining the situation to him, he decided to give me half the money back. But I'm wondering what my chances are to get the rest back in small claims court. Or should I just settle for what was given back?

Answer: You were not cognizant of a 14 day period. You didn't do due diligence about that and you're upset with a lawyer for doing his job? Yeah, no. You don't deserve a penny. He gave you back half your money. You aren't likely to get far in small claims court if your defense was 'I didn't read.'


Title: When does harassment go too far? Can I file a report yet? (IL)

Question:
Short and sweet: I'm a (24M) been visiting my (23F) girlfriend on days off. This weekend her sister (25F) has been on a power trip.

I woke up on Tuesday Morning to being barricaded in the basement room (where we sleep) via chairs, coats, etc. At first I thought it was someone holding the door shut, had a chuckle, and realized after a good shove and hearing something fall I was barricaded. Took about an hour to get out, took pictures.

A subsequent group-text about the situation in the household leads to her saying she'd pay to have us killed. Took a screenshot.

Wake up this morning to find an energy-drink or other similar liquid (semi-white?) was poured all over our windshields, and passenger windows. You guessed it, I promptly took a photo.

I guess my question is: How far is too far? When can I file a police report that is actually going to stick with some actual affect? Any advice is appreciated.

Answer:
 Generally when people threaten to kill you, you call the police.

How effective it is would be up to the police.

You should print stop going to that house. If you keep going it shows that you don't mind the harassment because you willingly keep returning.


Title: Caught guy I've been dating secretly filming me during sex, is this illegal in MO, USA?

Question: [deleted]

Answer:
 Yes, it's illegal. I'll direct you to [Missouri Revised Statute 565.253](http://www.moga.mo.gov/mostatutes/stathtml/56500002532.html?&me=invasion%20privacy).

> A person commits the crime of invasion of privacy in the second degree if:
> Such person knowingly views, photographs or films another person, without that person's knowledge and consent, while the person being viewed, photographed or filmed is in a state of full or partial nudity and is in a place where one would have a reasonable expectation of privacy; or

Assuming it's his first offense and he's only kept it personally, it's a class A misdemeanor punishable by up to 1 year in jail and up to a $1000 fine.

You can contact the police in the state of Missouri to report the crime and let them investigate.

EDIT: Corrected link to current statute. Different phrasing and statute number, but same meaning and end result.


Title: [x-post /r/auslegal] Police wouldn't show me the video evidence of my rape

Question:
I don't want to go into detail about too much publicly because even though it's been 3 years I'm still not comfortable talking about it. I also don't actually remember anything that happened, all the information came from my housemates/the witnesses, I was passed out at the time. But during the investigation a video was acquired from one of the two men that was taken on the night, and the police would not let me see it. Is that legal? If there's anything I can do about it, is it too late now? At the time I was too stressed and overwhelmed to think about it too much after they refused, but it's been gnawing at me for years now and I just can't understand how it's illegal for me to see the video of myself, regardless of who took it. I feel like it might give me some answers or some closure.

Edit: this is in melbourne australia
Topic:
Non-US

Answer:
 It's evidence.  I can't imagine AUS is so different from the US in police having any obligation to release evidence to a victim.  It's not even your personal property being held, so my non-lawyer opinion is you have no claim to see it.

Are you looking into a civil suit against your assailants?  If+when you hire a lawyer, they can try to get the video either by asking or subpoena.


Title: Possible academic offence for not citing the price of the Canadian dollar

Question: So I just did a lab at school where I wrote a program to find the price of the Canadian vs the American dollar. Today I received the feed back for that lab and attached to it the TA said that because I didn't cite the website I got the Canadian dollars from I could face an academic offence the next time I do it. I felt I didn't have to cite it because I figured you can't copyright a stock price. So now I'm wondering if that is copyright or not if someone could explain I would be very grateful.

Answer:
 Being required to cite an academic source has nothing to do with copyright.

This isn't a legal issue.  Cite what your teachers tell you to cite.Answer #2: This is not a copyright issue but a academic and attribution issue. The price is public information. However, some person or organization had to compile and publish the data for you to find it on the web and use it. They deserve to be recognized for this service. Additionally, anyone wanting to follow up on your project and verify the data needs to know where you got it.Answer #3: citation isn't about copyright; it's about giving credit to your sources when you did not generate information yourself. it's a skill you should develop.


Title: Is an online retailer allowed to store my card details incl. the security code number?

Question:
There's an online retailer that stores my (VISA) card details. I've bought from them before, and if I start buying another product it appears I can buy it without having to type in any of my card details.

The same retailer does not allow me to remove these details from their site, despite me never agreeing to have that information stored. What are my options here?

Country: Denmark.

Answer:
 Not a lawyer, but a web developer.

Typically, when you store your payment information on a website, it is not storing your actual credit card number; rather, they authenticate your card through whomever their payment processor is, and receive a billing ID that they can use to bill your card again through that same payment processor, without the need to re-use your entire credit card number.

Is the site showing your entire CC#, or just the last four digits? If it's the latter, this is almost certainly what's happening.

One of the lawyers here will have to comment on the legality of them not allowing you to remove your payment info from the site.


Title: [CA] Renting a room, got a notice of unsafe occupation. Landowner is now asking us to leave before the end of this month so they can fix it

Question:
Hi! I'm in the Monterey County of California. I live with my mom and my brother. We've been renting a room from this elderly couple. It belongs to the Mr, but the Mrs. Rented it out to us. Rent is relatively cheap and all was swell until one day we got a visit from the city building code enforcement. They slapped a red notice and will be inspecting again on the sixteenth. The room we are renting was built after the main house on this property initially as laundry/storage, and has since been modded for long term occupancy. In order to avoid fees, the landlord's wife told us we must be gone before then (so she could have it turned back into laundry/storage). We tried to tell them we have the right to stay, as even a legal eviction would require at least a month of moving time.

She told us we have no rights and if we tried to stay, she'd kick us out ASAP.

We have receipts from at least three months of rent. In actuality we have been here since 2011 (that's like five years) and I believe I can prove such with my ID, or other records that may confirm our address.

My current plan is to tell them they must pay for our hotel stay till the end of this month. If not, I will take this to court (likely small claims) and try to take the motel costs, along with as much rent as I can. Can I do that in this case? What options and rights do me and my family have?
Topic:
Landlord Tenant Housing

Answer:
 > She told us we have no rights and if we tried to stay, she'd kick us out ASAP.

She has no rights. The city does.Answer #2: >Can I do that in this case?

Yes. Right now you have the power. Inform her to follow legal eviction proceedings or agree to your terms to move out.

I'd advise you negotiate one month's rent + motel fee + some type of moving compensation. Worst case scenario she sees that the fine is cheaper than your demands and follows the legal eviction proceeding which gives you a little over a month to move out.


Title: Was I illegally evicted? Also personal stuff is being put on curb in one day what the heck do I do?

Question: So my cousin last year said I should come live with him and his mom this is Jan 2016. So I move from FL to New York State and my aunts son in law owns the house. Her son in law who lives outside the USA pretty much bought the house for her and her son to live in. When I first got there I was told that I did not need to pay rent till I found a job and stuff no lease agreement at all. A few months later I have a job, and I start to pay 100$ cash a week. I tried to get her to take a check, but nope she wants cash. Fast forward to march 2017 and things have been going downhill. Small arguments here and there, and she asks me to move within two months, but if I can't find an apartment I can stay I do not have to leave. She also mentioned that I can use those two months of rent for finding an apartment so it wouldn't be so hard on me. I was working a menial job and taking a course.  She also lies about her reasons saying we have been supporting you enough which was not true. I have her recorded on my voice memos saying that. In April 2017 she asks me for her rent in march 2017, and I paid her weekly so I did not understand, she wanted the entire 400$ of rent. So I told her the exact words she told me in March 2017, and she said she never said that. So I said uh yes you did I have a recording of you saying that. This was recorded inside the house, and I did it because her demeanor changed and I felt awkward so I needed to keep a record. She said show me, and I played it for her then she started laughing and said okay you can leave, just go since she was caught in a lie. So I said uh okay and I went on a one week vacation back to Florida to see what I can do. I come back a week later and my cousin says she's kicking you out so you gotta get your stuff and go. I think what the heck she cant do that I don't have anywhere to go. He says nothing can be done. I freak out and get a storage unit and stay in hotels for less than 2 months till I head back to Florida. Can I file an illegal eviction? Even though this pretty much happened at the end of march going into the start of April 2017 I ended up spending so much money staying in hotels it destroyed me. I also had so much trouble trying to figure out how to get my stuff back to Florida because I bought a new snow tires, and also a snow blower that I left. My cousin said he would sell my set of 4 Bridgestone Blizzack tires and also the snow blower that's electric brand new. So I said ok. Now he texted me last night at 10:39 pm feb 28th saying I am putting your 4 tires and snow blower out on the curb by Friday so have someone get them or get them yourself because she doesn't want it in the house garage basement whatever. So now I am so pissed off. I am in Florida right and have no way to get there by Friday or even have someone I trust get that. So someone is basically going to steal my property from the curb? I have all my receipts for the tires and snowblower, so I can match stuff. Also I warned my cousin that if they do this I will look to file a complaint and take her to court. He said do what you gotta do I'm just the messenger. Please if anyone can give me some sound advice? I have been taken advantage of for so long by this family and still am even though I am not even there! Please help!

Answer: They have to give you 30 days notice of eviction. The police will tell them the same thing. Any problems with rent disputes have to be handled with magistrate court. My room mate pulls this kinda stuff constantly. I tell him the same damn thing every time he threatens me. Answer #2: "[Self Help evictions](http://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-new-york.html)" are illegal in New York. Your Aunt would have to go through the courts. If she does not do so you could sue her. You should inform her of this. It still can be done relatively quickly - so you should read the link I just posted and figure out which situation applies to you and be prepared to move as soon as possible.