Title: (Illinois) Best friend is pursuing a restraining order after her boyfriend committed domestic battery against her. Now he's contacting me non-stop, saying that he was also a victim

Question:
A couple of weeks ago, my best friend was a victim of domestic battery by her boyfriend of two years. I have never liked him, but I will try to be as unbiased as I can.

Basically, she is trying to get a restraining order against him, and I don't think he can contact her. Now he's contacting me and another friend about all kinds of things. One minute he's saying that he has a voicemail of my best friend drunk claiming to "murder him" if he is still in contact with a coworker that he had a bit of an affair with during their relationship. He's claiming that he's going to take HER to court over that, claiming to spend all his money to lock her up "for good", but at the same time telling me that he loves her and only wants the best for her. That he named a "star after her" and doesn't want to "give up" on their relationship.

I screenshot some of this conversation, mostly about him trying to "lock up" my best friend, but I have no idea how to continue. He's been blowing up my phone with texts for the past 30 minutes. Should I keep all of these texts for evidence? Would it be useful at all? Should I block him, or let him keep sending these texts?

Answer: Keep everything, do NOT respond. Print off screen shots, save them in an email or in a folder on the computer as well in case the ones on your phone are compromised.  Give her a copy, give police a copy (she can do this or you can go into the station with a copy of the report #), give her lawyer a copy... save it all. People dismiss this thing and they shouldn't. These show not only is he unstable but he is unwilling to leave her alone/walk away. These could be the key to granting a restraining order. Too many people shrug this stuff off and then the woman ends up killed and everyone is SHOCKED it got that far but the red flags were completely ignored. Save save save, get copies to all the right people. Never once respond. You will only fuel his fire. He's looking for ANY reaction which is why he is wildly swinging from one opinion/emotion to the next.


Title: Received a notice from the State Treasury that unclaimed property belongs to me, but it's not mine

Question:
Hey there!  I used to live in Chicago but not anymore. I rented, but never bought property there.  I've been in NC for 7 years now, but today received a notice from the IL State Treasurer that I have unclaimed property in Illinois.  I logged in via https://www.illinoistreasurer.gov/ICASH and submitted my information, and sure enough, the listing came back as one I could claim.

Probably my best course of action is to contact this office and communicate the issue, but I'm also curious how my name or identity got tied to this property. Would anyone here have that insight?

Thanks for any help.

Answer:
 Unclaimed property in this case doesn't mean real estate. It means money that is owed to you. Most likely a company that you did business withowed you a refund for something and sent it to the state since they couldn't locate you. Answer #2: I once received $150 from a refund check I forgot about when I cancelled my cable/internet and moved.

As u/wynnduffyeyebrows stated, it does not mean real estate property.  Answer #3: Yes, this is likely some sort of rebate, tax refund, etc that you were owed and they couldn't find you.  "Property" here almost always means "money."  Go apply for it and go get it, and enjoy your windfall.


Title: Loud neighbor works out of his van on the street all day, everyday w/power tools.

Question:
So I live in Los Angeles in an apartment. I have a neighbor in the building next door who keeps his sprinter van parked outside. From the looks of it, he works everyday out of his van with power tools, pretty much using it as a shop, with a giant extension cord coming out of his apartment building. Often the power tools are outside the truck on the sidewalk. He creates constant noise everyday, but is typically done by 9pm. I feel like he is within his rights with respect to when his noise regulation stop time, which is sort of a loop hole for being such a nuisance.

&nbsp;

I'm just wondering if it is legal to operate a business (or so it seems) outside of a van parked on a residential street. And even if he is only doing personal projects, is it legal to generate constant noise day in and day out? I would have no problem if this were a crew fixing something for a few days, or a week. But this guy is using his power saw to cut wood all day and evening.

&nbsp;

I just wanted to get feedback before I call the city help line. To be honest, I'd rather leave a note, but it would be nice to include..."hey, please stop or I will pursue law enforcement," if it is in fact illegal. Thanks for your help!

Answer: This guy is probably just trying to pay his bills, and your complaining about some extra noise that ends at a reasonable time... smh


Title: Lost Benefit due to Employer Mistake, Are they Liable for Financial Burden?

Question:
I'll try to keep this short but succinct:

1. Moved from CA to WI, and received a new company care + fuel card due to business driving requirements.

2. 1 year later, hit black ice on freeway, totalled company vehicle. Covered 100% by our insurance. No issue.

3. Was offered another company leased vehicle, or the option to receive a $400 monthly allowance, plus the ability to reimburse business miles driven for .58c/mile.

4. Agreed to the $400 allowance offer, and once confirmed, purchased a new personal vehicle keepign that allowance in mind.

5. 7 weeks later, HR/Risk contacts me and has me fill out a DMV Pull program form to run my driving record. This Pull program has been in effect at my company for multiple years.

6. The record pulls up a DUI I received 3 years ago. HR/risk contacts me and tells me they need to cancel my vehicle allowance, and tell I can't reimburse my miles anymore.

Now, I can't afford my truck that I bought, and if I'm going to sell it, I will be upside down on my loan a considerable amount. My driving record should have been pulled 14 months ago when I moved and originally got my company car..employer oversight was the reason this wasn't done.

The only reason I bought my truck is because of the allowance and reimbursement agreement, and I have received payments for this for the last 7 weeks, only to be blindsided and have the benefit pulled from me.

I admit that this is a valid reason for pulling my benefit...HOWEVER..this should have been done months ago as the plicy has been enabled for years. They shouldn't have agreed to this  benefit and started payments with me unless this was already run. Now, I'm stuck with an expensive vehicle I can't afford.

What are my options?

Answer:
 You should have disclosed the DUI. There's no law requiring them to pull your driving record. You got popped. Now you gotta take your medicine. Why did you buy a truck you couldn't afford.
You need to stop blaming others and take control of your like like an adult.


Title: Forced to stick hand in toilet bowl!

Question:
Is it illegal for somebody to force someone else that is meek and younger (young adult)  than them to stick their hand in a clogged toilet to clean it out. The person that forced someone to do this said that she clogged it when she didn’t flush her tampon correctly. She stood in front of the bathroom door and wouldn’t let her out and verbally abused her that day and days to follow. They don’t work together but they were on the same floor.
Topic:
Criminal Law

Answer: Sounds like simple assault.  Possibly unlawful detainment as well.  Not legal.  Answer #2: Yes that is illegal. She should file a police report immediately. You can't force people do to things you want them to do.


Title: [WV] Employer is requiring I use my personal social media accounts for work purposes, afraid of being dismissed if I don't comply. Is this legal?

Question:
I am a PR/Marketing graduate assistant for an office on campus. My employer had requested several times that I either use my social media accounts or create personal ones to use for work purposes.

However, my office has it's own social media accounts, which they refuse to give me access to. I do not feel that it is necessary or appropriate to request me to use my personal pages for work purposes.

She has hinted that if I do not comply, that my job will be posted for others to interview for. I am having trouble finding out how legal this is.

Thanks!

Edit: Fast responses guys. Thanks! While this is a relative new area of law, it seems I'm up the creek without a paddle.

Answer: If they are asking you to create an account for work, I don't see what the issue is.


Title: [CA] Guy sends me a "legal" documentation asking for money.

Question:
The guy I'm talking about uses a method of Social Engineering to retrieve items from the internet for free and used my house as a decoy without my permission. So as a way to say sorry he "lends" me a gaming laptop and im okay with it. This happened 3 years ago. Then I retrieve this. Should I be concerned?
https://puu.sh/rzr1d/5c0f5e9fe9.png (picture of the letter)

Answer:
 You should probably give him his laptop back.

He can sue you in small claims for it, or the replacement value of it. Since it's 3 years old I doubt the replacement value is going to be $1500.00, but still. You admit he lent it to you (implying he still owns it) and you need to decide if keeping it is worth the hassle of small claims court.


Title: Adoption advice in NE Florida

Question:
I did a search for “Help with Adpotion” and it brought back 20 topics which were no help...so I apologize in advance if this has been asked a hundred times.

We are in Jacksonville Florida.

We are trying to adopt my wife’s granddaughter, (I am the step grandfather?). My wife’s daughter (the mother) is currently incarcerated in a Florida State Penitentiary for the 3rd time. The father is as well, but has never been in the child's life so we don’t know how many times this trip is for him.

Both have agreed to sign any and all documents to allow us to adopt the child (13 years old if that matters). The child is also head over heels happy about the thought of us adopting her. She wants what every child should have. Security.

We saw an attorney about this and was told that even with both parents signing the paperwork, it would cost us 3,500.00. I am willing to pay this, but it just seems very high for something that for the most part is paper work. This is also a friend of a friend, which also has me wondering. I could understand if a parent was wanting to fight it, but they aren’t. I mention the price, but that is not why I am here. Please don’t think I am attorney price shopping.

Is this something we could do ourselves? About a year ago my wife went down to the courthouse, and they were no help. They gave her a 2 inch pile of papers, that covered pretty much every possible scenario. More confusing than anything. It was also about the time they were moving to the new courthouse, so everyone down there was confusing.

I am hoping someone can explain the process and exact documents we need to get from the courthouse.

Please advise.

Answer:
 > Is this something we could do ourselves?

No, absolutely not. There are many things in law that you can do yourself. Adoption is NEVER a DIY thing. There's just too much at stake.

That said, call around and get some other quotes. If everyone is ready and willing to sign the necessary paperwork, 3500, while not unreasonable, is probably not the best price you'll find.


Title: Apartments include child support as income, even if it's not being received. 50% income based rent is still more than can afford (Michigan)

Question:
Hi there!  Throwaway because yeah.

I (30sF) am a single parent of two children under 10.  I have been trying to get an apartment, but anything income based uses child support if it is ordered.  Normally I wouldn't complain about this except that my ex isn't paying.  He's almost 12k behind.  We've had no contact from him whatsoever for 5 years now (we've been separated almost 8 years).  I am just about to finish my bachelors and hopefully get a full time job.

Currently, I am employed part time at $10/hr.  I work 32 hours a week.  My ex is supposed to pay $660/month for our children.  We were never married.  He left as soon as I was pregnant with our youngest.  In less than 6 months, he found someone else and got her pregnant as well.  They were married shortly after that.  He paid for about two years, and then he and his wife started having problems.  Payments became periodic, and the arrears were garnished from his taxes. Even that stopped.  Last rumors about him I heard were that they had gotten a divorce and he was traveling the country.

Back to the topic at hand: I talked to various apartment people and they all say the same thing, that his child support is included in my income (even though I have proof he doesn't pay) because he COULD start paying again at any time.  I briefly looked up removing the child support order, and it seems there is basically nothing I can do.  I can have custody and parenting time removed, but not child support.

What do I need to do to get us into affordable housing?

Answer:
 You've been given incorrect information. This is straight from the HUD handbook on determining household income.

"Owners must count alimony or child support amounts awarded by the court unless the applicant certifies that payments are not being made and that he or she has taken all reasonable legal actions to collect amounts due, including filing with the appropriate courts or agencies responsible for enforcing payment."

Ordered child support not being paid is NOT counted as household income.

Edit: Grammar. Answer #2: Have you considered getting a wage garnishment on his wages?


Title: [PA] I'm on self reporting probation, but just got tricked into eating an edible. That's a probation violation. Need advice.

Question:
As it states, I'm on a 6 month self reporting probation program for a non violent, non drug related offense.  In PA self reporting probation means I log onto a website once a month and answer 4 questions.  That's it.

Last night I was given a grilled cheese edible as a prank (I know, get new friends etc.) they didn't know I was on probation.  So my question boils down to do I let me PO know? I don't get pee tested. Or ever even have to meet them in person.  Or do I just drink a ton of water and hope it's out of my system as quick as possible? Or is there another course of action to take?

As far as I know my probation restrictions which are relevant are are no guns, drugs, alcohol.

Answer:
 Is one of the 4 questions about drug use? if so then under no circumstances lie, but do get a lawyer before you answer them and follow their advice this is a situation way outside of internet advice territory. Answer #2: If you are clean, and you only smoke one time, you should not test dirty for longer than three days. I could see how it being an edible could conceivably add another day or two to that, but it probably doesn't. The "weed stays in your system for 30 days" line is talking about daily smokers.

Don't tell your PO anything. Don't volunteer information that can incriminate you. You will most likely be fine, as this is mail in probation.


Title: I was raped in January of 2017 and I’m wondering if there’s any legal course of action that I can take against my rapist.

Question:
I was raped on New Year’s Eve going into 2017. The guy is an army vet. Worst ptsd I’ve ever encountered. Also untreated. He has serious drug issues - he overdosed and ended up in the hospital when we were together. I immediately repressed what happened subconsciously and it didn’t come back to me until August 2017. I’ve been dealing with the backlash since then and I am strongly considering taking legal action against him for all my suffering. I’m quite certain that he used some kind of drug on me - my EMT friend said the way I described how I felt when I came to sounded like classic rohypnol. In the state I was in, there was absolutely ZERO way that I could have consented to him. I know it’s been over a year since then and because I repressed the event I never got a rape kit done, but I really need to know if and what can be done legally about this. Thanks in advance!!

This is in Massachussets!!

Answer: You can make a report to the police.


Title: Toddler accidentally drowns in backyard pool. Parents find him dead but cover it up and blame it on the teenage babysitter.

Question: Location; Florida. A toddler accidentally wanders outside and drowns in the backyard pool. His parents find him. They don't call for help because they are afraid of being blamed for a crime. They had planned to go out that night and had arranged for babysitter. She comes over and they tell her the toddler and infant are upstairs sleeping already. But really they had put him back in the pool and half covered it with the cover. The babysitter finds him and calls for help. The police and the babysitter think the toddler wandered outside and drowned while the babysitter was there. Later on the time of death doesn't match up at the autopsy and the police figure out the truth. What would be the legal consequences for the parents if any? Would the fact that they lost their son and were in shock be taken into account as a mitigating factor? They have suffered so much already. The drowning was ruled an accident and even the police say it was an accident and there was no crime regarding the death.

Answer:
 >What would be the legal consequences for the parents if any?

Worse case scenario they're charged with capital murder and receive the death penalty.

They're going to need a real good lawyer because it sounds like they purposely murdered their child and tried to frame the babysitter.

If it was an accident the parents would have called 911 immediately. It sounds like they planned this weeks in advance seting up the date that the babysitter would come. Answer #2: They didn't call for help?  It is possible that CPR could have saved the child.  Unless the parents were medical doctors, 911 should have been their first move.

I get that you're related to one of the parents and that you're concerned for them.  However this scenario stinks to high heaven.Answer #3: There are a lot of potential criminal charges that the parents could face.

Is this a hypothetical, local news story, or a situation you're personally aware of/involved in?Answer #4: >What would be the legal consequences for the parents if any?

There's the death of a child at issue.  See a lawyer.  Now.


Title: [FL] I was "hired", worked for, and gave my info to a fraudulent company. What are my options?

Question:
Hi guys.

I do freelance copywriting in my spare time, and I'm usually pretty good at picking up on scams, but I got fucked this week. I was approached by a company who called themselves X. X is a Google-able, BBB certified, totally legit company. I sent my proposal via UpWork to "them" on Wednesday, got "hired" Friday, and started actually doing work for them Monday.

Red flag timeline:

* The person interviewing and training me communicated in terrible English, but this isn't a dealbreaker for me. Because I'm an editor, I frequently work with foreign clients who need English editing specifically *because* they don't speak it very well. However, it's never exactly reassuring when my only point of contact with a company clearly doesn't fully understand English.

* I was asked for my sex while describing myself, which I thought was kind of odd.

* I was asked if I had basic stuff for the job (access to a computer, etc) but was also asked if I had accounting software, which I didn't. He then told me that a "courier" would come to my door this morning and drop off the software I'd need for the training as well as documentation for direct deposit. Kinda weird, but again, I just shrugged it off. **Keep in mind that at this point I've completed two separate training tasks and emailed them to him.** When I asked how he wanted me to keep track of those billable hours (I obviously made sure to emphasize that this training is billable) he said to "keep an Excel spreadsheet of them for now" and that when I got the software it would include an hours tracker.

* The training tasks were accounting questions. When I asked how this pertained to a copyediting position, I was told I would be working closely with financial spreadsheets and needed to know how to "proofread" (?) those as well. Whatever.

* The courier was supposed to arrive at 10 am today and did not. When I asked my contact where the courier was, he said that they bumped it back to tomorrow. At this point he's referred to a "private company courier service", "FedEx", AND "USPS". Finally I'm thinking this thing is bullshit.

* Called the *actual* Company X phone number and ended up talking with their CEO, who has apparently been fielding calls about this all morning. He said I was the sixth person to call this morning. Company X has *no* affiliation with the people I've been dealing with.

So my question is, do I have any legal recourse here? Here are the things that to my knowledge weren't legal here:

* They sent me documentation (letter of obligation, employee contract, NDA) with Company X's official header and information. I signed these.

* They actually *specified* when asking for my contact information that it was for HR purposes. If they had only asked for my info, I don't think this would be an issue, but I have screenshots of what they said the purpose of collecting my information would be when that is clearly not the case.

* I obviously submitted work to them and am not getting paid for it.

I would really appreciate any answers here, and I apologize if I'm totally left field on this. My legal knowledge ends at the end of my nose.

**UPDATE:** Did some Google-fu and apparently this scam has been going on since [fuckin 2010](https://www.scamwarners.com/forum/viewtopic.php?f=26&t=11727). Ugh.

I submitted an IC3 complaint and am going to the bank tomorrow to add extra security measures that I need to be in-person to affirm. That's pretty much all I can do for now. Still really hoping I'm able to find the people who did this.

Answer:
 You can report the fraudulent activity to the police, and also give the info you have to the company that was falsely being represented.

If you can find out the actual culprits (who likely aren't even in the US), you can take action against them to get paid.  The odds of that are very slim.

If you gave them identifying information, like your SSN or anything, get yourself some identity protection.


Title: Thoughts on recent revelation that 50 Cent has 7.5 million in Bitcoin after bankruptcy (General location, United States)

Question:
Hey guys, not sure if you heard the news, but 50 cent (Curtis Jackson) filed for bankruptcy last year, and recently found that he actually has 7.5 million dollars in bitcoin, which he apparently had when he filed for bankruptcy. Even though he ended his bankruptcy with a repayment plan, it got me wondering...

What would happen if he had filed bankruptcy protection and had all of his debts eliminated a year ago, and then found that he was in possession of a massive fortune at the time he filed. Could the debtors have his case reopened? Could he be fined for not disclosing (even though he probably didn't know at the time)? What would likely happen in this scenario?

Keep in mind, that I am aware that his situation is different than the scenario I proposed above.

Answer: If he did it intentionally, it's bankruptcy fraud, which is a federal crime carrying both restitution and up to 5 years in jail as potential penalties.  It looks like he filed a Ch 11, which means the reorg plan is potentially still open.  Which will make it very easy for his creditors to go after that money.  Violating a reorg plan by failing to disclose assets is grounds for a lien on those assets by the creditors.  It's also grounds to revoke the debt discharge in the bankruptcy.


Title: Sadly Enough

Question: It's come to a point where my 22-year-old girlfriend and I (24) have broken up. Spokane, WA residents. We have a two-year-old. The break up stems from my side but we both knew it was coming. My now ex girlfriend is very vengeful and I want to know what my next steps are. I am choosing to move out of our joint lease but do I keep paying my half of every even though I am no longer there, or do I break it?  I'm hoping for a week on week off with my daughter which I don't think is unreasonable considering she has felon charges and I have a clean record with consistency working 2 to sometimes 3 jobs at a time. I just need to know what to do legally to protect myself and my future with our daughter. Thanks in advance.

Answer:
 You cannot break "your half." You have one lease. So either all parties agree to sign you off the lease (paperwork) or you stay responsible.

You need to file for custody. Absent that, she doesn't have to let you have any contact with the kiddo


Title: Installing a hidden camera at work?

Question:
Minnesota. So, I work at a doggy daycare/boarding kennel. We also have a grooming service, with one groomer employed. The problem; multiple co-workers have seen him hit and abuse the dogs he grooms, we often hear him yelling at the dogs in the salon (which, if you work with dogs, you know yelling doesn't accomplish anything). We've brought it up to our boss but she either doesn't believe it or is in denial. An ex-employee who knew him for a long time has said that he was banned from working with the AKC (groomer apparently used to breed dogs and judge) and says I could find the suspension list online, but I've had no luck with that.

My coworker has suggested installing a hidden camera in the grooming salon so we can finally have proof that he's abusing dogs, but we are pretty sure filming without knowledge is illegal.

Is this actually illegal, and if it is, are there any sort of legal loopholes? Or are we just shit out of luck?

Answer:
 So according to the law in your state, I can't see any reason as to why a video camera (with NO audio capabilities-that's huge violation) would be an issue in the grooming area, because there is no reasonable expectation of privacy in there.

&#x200B;

Edit: the only thing I can't find is if it's legal to place there since you don't own the property(i doubt it's legal to install on someone elses property). As far as that goes I would make sure the employer is on board before you make a move. It's possible you could place the camera first to obtain the footage and then show the employer after to get her on board.  But that's assuming you don't think they'll try to retaliate for doing it without permission.Answer #2: There are no issues with the owner installing video cameras in his business. Just don't record audio and you'll be safe.


Title: [LA] I left a negative review on a vets Google and Yelp page with just my initials. They responded by disclosing the entire visit, my first and last name, and what procedures were done to my dog. Do vets not have any kind of HIPAA rules like other medical facilities??

Question: [deleted]

Answer:
 > §1041. Confidential Relationship

> A. A    licensed    veterinarian    shall    not    violate    the
confidential relationship between himself and his client.

You can read through the Practice Act here:

http://lsbvm.org/webcontent.asp?WebpageID=2

and make a complaint about the vet practice.


Title: I'm from Israel and coming to New York for 10 days to meet my old relatives. I am a heart patient, so I have to take prescription medicine daily. Can I legally enter in US with the medicines and Israeli Prescription ?

Question: We don't have those personalized pill boxes here, drugs are dispensed in loose. How do I transport in US with them? I heard in US you must have to carry your pills in the specific pill boxes, you can't carry them loose.

Answer:
 You need to get a letter from your doctor (preferably in English, otherwise you need a notarized translation), specifying the kind of medication you are carrying and that it's prescribed, or a copy (again in English) of the prescription.  [Source.](https://help.cbp.gov/app/answers/detail/a_id/67/~/traveling-with-or-mailing-medications-and-medical-devices,-such-as-needles-or) Answer #2: Try asking your pharmacist what they recommend. Maybe they can give you bottles with your name on them.Answer #3: Do what /u/UsuallySunny says.  Something else you may (should) want to do, especially if you don't have a notarized English letter would be to print out the drugs information, including its picture, from drugs.com or another website.  The police are mostly going to care that the drugs aren't narcotics or other controlled substances.  Also, only carry enough for the 10 days (plus some extra, just in case).  **Not** enough that it looks like you are trying to sell them.

Not a lawyer.


Title: My apartment asked me to vacate by June 30th, I did and now they're (probably) saying I didn't give a 30 day notice I was vacating so they're keeping my security deposit. Is this legal?

Question:
   Back in March 2017 I got a note on my door from the apartment complex asking that I vacate the premises no later than June 30th. I was a bit let down but this was expected as they were going from apartment to apartment renovating. I was on a month to month lease so I thought it was pretty nice they gave me about 100 days notice.
    I move out of that apartment and into a new apartment on June 24th. Over the next few days I clean clean clean my old apartment. On a June 29th I have it inspected by the apartment manager who approves it and says I'm good. The next day June 30th I drop by and give them all the keys and ask about my security deposit ($300). They assure me the security deposit should arrive within 45-60 days and I should be fine.
   Fast forward to yesterday (July 22) I get a letter in the mail from my old apartment, thinking this was my security deposit I eagerly open it to discover they're taking away my security deposit and say I owe the rest of rent for July because it has me being moved out on July 7th for some reason. This infuriates me so I go to the apartment and ask questions, unfortunately the 2 apartment managers are out until tomorrow (July 24).
   Hopefully this was just a mistake but if I was given a note on my door by my apartment complex that I had to move by June 30th, I don't have to give a 30 day notice that I'm moving am I? I live in Kentucky.

TL;DR My old apartment told me to vacate by June 30th which I did. Now they're holding my security deposit and saying I owe them more for July rent likely because I didn't give a 30 day notice. Is this legal? I've never missed a payment and the apartment was spotless when I left it.

UPDATE #1: Yesterday I was told that it was likely a mistake and that I should expect my full security deposit back by next Wednesday. I will let you know if it goes any further. Otherwise thanks for the responses!

Answer:
 What is it that "proves" you left July 7th? Is it an entry in a log or some other paperwork? Receipt for returning the keys?Answer #2: Come back here after you have talked to management. There is no point in jumping to conclusions right now. Answer #3: If you have any texts or emails between you and the apartment manager re: the June 30 walkthrough, you should collect those now. Also, sometimes people take pictures during a final walkthrough, and those are often date-stamped. Did you take any photos?

Just collect all the evidence you have, in preparation for your conversation with the apartment managers tomorrow.Answer #4: They can't hold your security deposit to pay this "rent". Inform them via certified mail you expect your security deposit in full within 30-60 days, minus any itemized deductions they think you have. This is required by law.

If they think you owe them extra rent for some reason, they can sue you for it. But they can't just keep your security deposit.


Title: AZ NY CA Ebay Buyer Fraud - Ebay Sided with Buyer

Question:
I sold an iPhone 6 Plus on eBay to a buyer in NY.  I live in AZ, and eBay is based out of CA.  Upon the package arriving, the buyer said she opened that package at the FedEx office, and the phone was missing from the package. She says she was told by the person there to submit a claim through FedEx.  She then started a refund process through eBay claiming the phone was missing from the box.  I then responded saying I would start a claim through FedEx as the package was insured for the value the phone was sold at through eBay.  FedEx took forever to even respond, and in the mean time the buyer was given a refund taking the money from me and giving it back to her by eBay.  After a month and a half of having FedEx deny the claim because they could not retrieve the package from the buyer, and me having them reopen it to investigate, they have told me that after reviewing security footage at the store, she claimed that a "phone case" was missing and not the phone.  They will not give me any documentation of this saying "it is an internal investigation and cannot be released legally", and eBay will not overturn their decision without documentation from FedEx.  I have already filed a police report with the local PD here in AZ, filed a report with the BBB against eBay, filed a report against eBay with the Attorney General in CA, and filed a report with the IC3.gov, but eBay will not look at any of it.  Where should I go next with this to make sure that I am not stuck for nearly $500 that an eBay buyer has stolen from me?
Topic:
Small Claims Procedure

Answer:
 You need to file a report with the police serving the city in which the buyer lives.

Because this appears to be a scheme to defraud you using the internet and interstate commerce, you could also try to file a report with the FBI.


Title: Boyfriend's baby mom left with their son

Question:
He and child's mother are separated never married, but are co-parenting and living under the same roof. She knows about me and I know about her, everything had been fine. Yesterday the boyfriend and I were on a date, and when we get home she is not there, has clearly packed, and has taken their child.  She was not answering her calls, and only responded to texts after he threatened to call the police. She stated she is at a coworkers home, but will not provide the location for my boyfriend to pick up their son. They are trying to do this in a civil manner as she does not want to involve lawyers (might be due to her US resident status). Due to her actions, she seems unstable, and I believe my boyfriend should lawyer up. What steps should he take to protect himself and the custody of his son (2M)?
Topic:
Custody Divorce and Family

Answer:
 Lawyer. Now. Right now. Especially if she isn't a US citizen and may try to leave the country (does the child have a passport?)

If she wants to do this without lawyers then she shouldn't be hiding the child.

He can file a petition for custody or visitation. After he gets a court order, the cops can help him retrieve the child. Answer #2: If the child has a passport then I would automatically assume she will take the child out of the country. People lie about money and she could get money from a friend or family member. You need a lawyer ASAP. Answer #3: He definitely needs a lawyer. I don't know about Colorado, but in my state (Florida), if the parents aren't married, the mother is the presumptive custodian of the child. Without a court order to the contrary, she can take the child anywhere she wants, including back to her home country, if she has a passport for the child.


Title: Served with Divorce papers - I was the primary breadwinner and we are recently separated. I'm thinking of not hiring a lawyer

Question:
Basically what the title says. Married for 3+ years, lived in Illinois. I (33 F) used to make all the money and he only had a part time job for maybe 2 of the 3 years we were together.
We had a rocky marriage and recently I moved out of state to take up a new job after I got lid off. I make about the same amount of money (6 figures).
I knew we were heading for a divorce, and I got served today. I consulted with a lawyer in IL and she let me know that his lawyers will probably ask me to pay for his legal fees as well.
What I want to do, which I know most people will advice against, is not hire a lawyer and accept the default judgment, which would most likely be half the assets (which I'm happy to pay) and maintenance.
What I don't want is to pay for both lawyers, because what will end up happening is that there won't be a lot of money left over (I have about 22k net after taking out debt).
I want to know what is the absolute worst that can happen if I don't get a lawyer for myself?
EDIT : I'm definitely getting a lawyer. Thank you to all you helpful people!
EDIT 2: I know this may be hard to sympathize with, but I'm not 'ready' for the divorce, and I know he filed only because I mentioned I was looking to hire a lawyer. It may happen eventually, but can I hire a lawyer just to ask for a mandatory 2 year separation for now? (we had lived in IL since 2013 and now I'm in PA since June 2016)
EDIT 3: I forgot to mention that I noticed that the petition has the wrong date of our marriage. Eg, instead of saying, say, Jan 10th 2013, it says 'the parties hereto were married on Jan 15th 2013'. Can we still get a divorce if this is wrong in the petition itself? Or will this help me delay this just a little bit more.
I know I know, I should rip the bandaid off, but it's hard to describe, I may not be ready to face it yet.

Answer: You default and he asks for 75%, all the assets and such and he will get it. You need a lawyer or else this is going to only end in tears.


Title: Tiny fender bender...couple now attempting to claim bodily injury...don't know how to proceed..CA

Question: I was driving back from somewhere and accidentally rear ended the car in front of me. We were traveling maybe less than 10 mph and there were no damages to the cars but now the couple is claiming neck and back pains. Another point, the car that I was driving was rented and did not cover the other party. Should I proceed with insurance? Pay out of pocket? Lawyer up? help!

Answer: Yes. Contact insurance. Injuries manifest days later sometimes


Title: My high school refuses to allow Narcan (a heroin antidote to save students' lives) on campus because the community wants to keep their reputation as a prestigious, drug-free school, and our location is Long Island and there's a heroin epidemic occurring

Question:
Hey guys,

I've made an earlier post on /r/Entrepreneur relating to this subject before I knew of all the shitty, bad decisions that my school was doing. For a full idea of the topic at hand, I recommend briefly skimming this thread: https://np.reddit.com/r/Entrepreneur/comments/53gqd0/im_17_and_want_to_create_a_nonprofit_or_something/

This went from me trying to be entrepreneurial and involved with the school to now actively opposing them in their horrible, life-risking choices and now causing me to *take action* in attempt to fix this.

After writing and posting the thread on /r/Entrepreneur, the advice was absolutely amazing and feedback phenomenal, but a lot of issues arose the day after at school that I was not expecting at all regarding the heroin epidemic in my school. After speaking with the psychologists who run SADD in our school (my Business Club which I founded and run is partnered with them. WISE services also works with us too), they notified me behind closed doors that my school does NOT offer Narcan (opioid aggressor/antidote) and does NOT offer Narcan training if a child were to overdose.

The school and town itself is extremely conservative and we have a very high reputation as one of the best high schools on Long island. They are preventing bringing Narcan into the school because they don't want to make it seem like it's an issue, even though heroin is an issue ALL over Nassau and Suffolk (counties of Long Island). I'm not asking for a task force dedicated to this in my school (which some actually do on LI), but just simply *Narcan*. If a child were to OD in our school, they'd need to call the police and then by the time the policeman got there with a Narcan kit the child would be dead. This is seen time and time again, and that's why most schools now on Long Island at the very LEAST carry Narcan, if not a TASK FORCE DEDICATED to this issue, which some schools around me have.

This, to me, is a major flaw in the administration to keep prestige and reputation over the risk of my peers and students' dying from a possible opioid OD. I want to contact the board of education and discuss the [NYSED guidelines and regulations](http://www.schoolhealthny.com/files/filesystem/guidance%20on%20opioid%20overdose%20prevention%20in%20the%20schools%20final.pdf) about opioids and attempt to reasonably get Narcan in my school. Basically, this document gives schools the full right to choose whether to carry Narcaan or not. This makes it a "district boards of education and school governing bodies" issue that I would need to tackle, and if they are forceful about not changing the policies, then maybe I should go down and about with my more harsh approach.

I've been thinking about contacting politicians - particularly Edward P. Mangano - who I believe would be very happy to reply to my issue regarding this (once I get officially released statistics and more information regarding this in my area).

Secondly, I want to contact an organization(s) focusing on this Long Island heroin epidemic that's trying hard to get Narcan out there (fyi - Narcan costs ~$20-$70 to save someone's life during an OD; a police recovery and hospitalization for an OD costs ~$30,000 of tax payers money). Once I have backing from politicians, organizations, and maybe even recovering heroin addicts on Long Island or family members who've lost their kids to OD, then I want to contact either Newsday, NY Times, or any newspaper that'll be interested in running the story on this (and they WILL run the story with the way I'd explain it + the backing of officials I would have + child political/social activism. I've gotten stories ran before so I know the deal with writers for papers, however on a smaller, more local paper - nothing HUGE). By running the story, it will put pressure on my school to act now or suffer more exposure on the topic, even after being confronted.

Do you have advice regarding this? This indeed is political and social activism on a high school campus, but this sort of thing is usually done in college by leading students getting involved. I'm taking a very big step here in HIGH SCHOOL and I need to be prepared (which I plan to be). I will also get a more detailed account of exactly how we would deal with a hypothetical heroin OD at my school from the health officials and psychologists I've been working with and found this info from originally anyways.

Not to sound egotistical and uncaring about the subject (because I do care deeply about this topic), however running an article on activism at my age in high school with me leading for a chance can do some very powerful things for my future regarding getting into college, jobs, etc. and will follow me throughput my life if done correctly, and will open doors to big names that I would've never met in the first place. Leadership regarding innovating for social change goes a far, far way, and I am determined and care about this topic.

Anyways, thank you very much for your time reading. Any future responses will be deeply beneficial. :)

Answer:
 You likely can't compel the school to keep Narcan on campus.

The school likely can't stop paramedics from bringing Narcan onto campus while they're responding to an overdose.


Title: Child Pornography Question!

Question:
if i was dating a 14 year old and I'm 16 and we were texting and then suddenly she sends me nudes without me asking and so this is child porn and I delete them but then her mother later finds out and report me for receiving child porn which they can prove through her messages.

Points here: I deleted her pictures off of my phone so that I wouldn't have child porn on my phone
2) I never asked for any nudes or pics.

would they still be able to do something since they can prove I have received it?

Edit: CA

Answer:
 That exclamation point in your title just feels weird.

Is this a hypo or did this actually happen? When you say she reported you, who did she report you to?
Answer #2: Have you met this girl in real life? If not, it is a scam. Block the "girl" and the "mother".


Title: Officer smelled pot on my coat

Question: Today, I was walking downtown in my city and I passed an officer who happened to stop and claim that he smelled weed coming from me. I showed him that I had no weed in my pockets and explained that I had just returned from Denver so maybe my jacket still had the scent from there. He continued to press me and asked me for my ID, I gave it to him, and he asked if there was anyone I knew who sells weed in the area. I really wanted to continue walking and was starting to shake a little, so I said that I think I have seen a guy from my apartment complex that has cars coming and going a lot. I told him the name, he gave me back my ID and he said he might call me to set up a "sting" or for more info in the future. I want to be out of this situation as soon as possible. I had no weed on me; he saw my pockets. He only said that he smelled it on me. I walked away from the interaction with him have written down my name, cell phone, and address. What options do I have? Should I get a lawyer?

Answer: You are not required to cooperate any further.


Title: Got fired. Former employer says I'm bound by no compete clause not to work in same field (Pennsylvania)

Question:
Two weeks ago I got fired from my job as an assistant to an executive at a financial company. I had only been his assistant for a few months but I had worked at this company for seven years. I became his assistant because my old boss retired and he was the replacement. I was let go because his wife was uncomfortable with him working so closely with a younger woman, though officially the reason was that him and I just weren't a good fit. Sucky but whatever. I got a job as an assistant to someone at a different financial company less than a week later. Today I received a letter from my former company signed by a lawyer saying I am violating my no compete agreement and if I work at any financial or sales company in the next year I will be served with a lawsuit. I never signed any sort of contact in my time there, but the letter refers to a conversation that the manager had with me before I was fired where I supposedly verbally agreed not to take any action to compete with the company. I'm stressing out and I feel stupid asking this but could they actually have a reason to sue me? I'm an assistant and I don't know any company secrets. If I'm not allowed to work at any financial company I might be unemployed for a year because this is all I know.

EDIT: Thank you for all the advice and reassurances. I am going to speak with a lawyer about this but I am not scared anymore and I feel much better.

Answer:
 I'm so sorry, OP.  :(  I've been in situations like this and it really, really hurts.

The non-compete is most likely not enforceable; your old job is (likely) just blowing smoke to scare you out of working at this new place.  My recommendation is to ignore the letter.  (Note: if you get an actual summons, DO NOT IGNORE THAT.)

My advice is to seek legal representation.  This DOES NOT have to be expensive or fancy 1200/hour Latham work.  Go to your nearest law school and speak with the clinic advisor there; or search on the PA bar website.  Your attorney can a) reassure you; b) write a letter to these assclowns; and c) tell them that if they want to contact you again that they must do it through your attorney.

I wouldn't involve your new work *just yet*, just based on my personal experiences.


Title: Accidentally sold my car to a minor. I have a few questions

Question:
I pulled an oopsies and sold my car to someone who MAY be a minor. I found out through some investigation that he's graduating high school in a month. He seemed a little older so it never crossed my mind. We met a few times during hours that would usually require a minor to be in school. Anyways...

1. I don't want to ask when his birthday is. That might tip him off that something is awry.

2. We only signed a bill of sale so far. The title is in the mail (coming to me) and has not been signed over yet. Could I force him to have a parent sign it, or is the bill of sale the enforceable contract? I assume the latter.

3. I've heard that "after the minor turns 18, they have a reasonable amount of time to void the contract". Is a few months reasonable?

I'm in North Carolina. What are my best options here?

Answer:
 Why does his age matter to you? Minors can buy cars. Now, it wouldn't be wise to sell a car to a minor on a payment plan, but it isn't wise to sell a car to any stranger on a payment plan.

Once you get the gas, and give them the car the transactions is complete. Yes minors have a period they can void sells but it isn't long term and they have to return the item to you in the same position.

If title hasn't exchanged, yes you can return money and void the sae. Its harder if you've already given up the keys.


Title: Need major help ASAP

Question:
Basically, my girlfriend was on eBay and saw a cool fitness / diet guide she wanted to try as we were starting a diet.  The guide was nicely written and she bought it for about $2.

She got an email with the guide as a PDF and saw the person who sent it to her sent it to a bunch of other people.

Immediately she thought "Huh, I could sell this too" and so she did.

She sold about 150 of them for 2 bucks a piece, and after about a month she got an email apparently from the company who makes the guides saying she's selling them illegally and she owns them for all the profit she made off the guides.

Okay.

She then, trying to comply with a random email, gave them her contact information, email, address, etc, with proof of the number of guides she sold.

The company turns around and claims she owes them over $15,000 for their potential loss of sales, the downside is now... They have her personal info (Not credit card) but name, address, etc.

They're based in a country outside the US, and are a fairly small company.  We're from US.

My girlfriend makes about ~350 a week, not even working part time, while doing college so shes broke as shit (why she was selling the guides)

Can the company prove it was her on the account / not a younger sibling?

Can the company do anything at all outside of the US?

Can I just get a legal professional to send them a nice email saying she's under the legal age of adulthood and soliciting would be harassment?

tl;dr. help

Answer:
 The original eBay seller was quite likely violating the copyright on the original diet book. Unfortunately, your girlfriend committed the same civil tort by reselling the book herself.

It's not going to work to claim someone else did it. She will regret every lie or false statement she makes in this situation.

Your girlfriend needs to find an attorney to negotiate with the copyright holder. If she's naïeve enough to think reselling copyrighted works as PDF's on eBay is legitimate, she's almost certainly not competent to negotiate her own settlement with the copyright holder, and she should not communicate with them beyond giving them the name and contact information of her attorney.

It's possible, once they understand your girlfriend was ignorant about copyright laws, and in particular they understand she's got no income or assets, they *may* accept a lower negotiated amount, based on her ability to pay. Winning a $15K settlement against someone who promptly goes bankrupt is a waste of time, unless they are trying to make an example, which is not unheard of in the world of intellectual property.

That's small comfort, however -- any settlement will certainly be more than the $300 she received in income for selling the PDF. Her attorneys fees will also be significant. Sorry. There's probably no way to escape this undamaged, you can only try to minimize the pain.


Title: Rear ended a car today after another truck pulled out in front of him and he stopped in the middle of the road. Who's at fault?

Question:
I was following a car on a road going the speed limit when a truck that was waiting at a stop sign at an intersection pulled out into the [yellow median](http://safety.fhwa.dot.gov/hsip/hrrr/manual/images/f43p.png) and looked like he was waiting for an opportunity to pull into the right lane. The car in front of me probably thought the truck was going to pull out in front of him so he came to a complete stop in the road and I slammed on the brakes because of that but I still hit him.

This was in Mississippi and it was my first car accident in the 3-4 years that I had been driving. The sheriff said I could go pick up the report tomorrow morning but what do I do after that? Who's at fault here?

Answer:
 > Who's at fault here?

You. You failed to maintain adequate following distance.Answer #2: Probably you. Its called following too close. Call your insurance company and let them deal with it. That's what you pay them for.Answer #3: You were for following too closely.Answer #4: You rear ended him. That almost certainly means you're at fault.


Title: I bought a Peloton bike and make majority of the payments, but my sister has store receipt from Peloton and wants to keep bike as I’m moving out.

Question:
My sister and I decided to sign a rental lease together after she had a baby. To take off the baby weight she wanted to purchase a Peloton bike but didn’t have good enough credit to open an account with Affirm for financing. So I opened the account under my name and she was to give me payments for the bike. She made the first 3 payments before getting into financial troubles with her work. It’s now been over a year and I’ve made every payment after her first 3. I have the loan ID in my name and credit, but she has store receipt and primary account still in her name.

I tried contacting peloton to put my email address as primary account but can’t because her name is on store purchase receipt. I also tried to connect my loan ID with Affirm to the product number of the bike and was unable PROVE that this is the exact bike that I’m paying for. My sister has the store receipt for a bike, shoes, heart monitor, & 2lb weights and I have a loan ID that’s says I purchased a bike, shoes, heart monitor and 2lb weights.. but not those one specifically.

I’m moving out in less than 2 weeks and would like to take the bike with me. She wants to keep the bike (and have me keep making payments on it) because she has store receipt and primary email account. Can she legally do this? Are my payment receipts enough to prove I own this bike and it’s accessories?

Answer:
 She doesn't have proof of payment. You can't pay in cash. You have proof of payment.

Alternative suggestion - sell the bike and buy your own when you move out. The resale value of Pelotons is sky high right now. There's a waiting list for delivery. In normal times, you could resell one for 1800-2000. Now you could probably get 2200 up until the full amount. Just some thoughts from another Peloton owner! Sell it and be done with this mess, and get yourself signed up for a brand new one. Pop that baby on a buy, sell and trade group and it will be gone in a day. They are also offering refurbished bikes for 500 dollars off, and those are basically brand new.

Forgot to add - not a lawyer, just a fellow Peloton-er looking out for another one!Answer #2: IANAL. You would probably need to sue her in court. If the value of the bike is within a certain range depending on your location, you should probably be able to sue via small claims which doesn't normally require a lawyer. This also may just be a financial lesson many of us receive in life, and not get entangled financially with friends or family unless you are willing to lose the money.Answer #3: The account is in your name? And the loan
Is in your name?  If that’s true, it sure sounds like you are the owner. Can you not print off your email of the purchase with your name on it? I don’t understand
Her claim. It sounds like she just has
Your receipt, Correct? Ownership should follow the purchaser and account
Holder , both of Which sounds like you


Title: [CA] My husband is going after me for spousal support, filed for divorce before 10 year anniversary

Question:
My husband is going after me for spousal support. I filed for divorce before 10 year anniversary. I will be moved out of the house weeks before our 10 year anniversary. Should I let the judge decide if he gets it and amount or should I get a lawyer? I know if I go the lawyer route 50/50 custody will questioned and I want him to stay in our daughter’s life.

My income    $53,000

His income $35,000

Answer:
 Ideally you should each have your own attorney.Answer #2: There are a number of reasons you need to get an attorney.  This statement is very concerning to me:

> I know if I go the lawyer route 50/50 custody will questioned and I want him to stay in our daughter’s life.

It seems to imply an assumption that a 50/50 custody agreement will require him to participate in your daughter's life.  It would not.

It would establish the foundation for child support.  And, it would define a parenting plan in which he would have a right to access the child.  But, it would not create an obligation for him to participate in visitation.

So, you may be saying that he gets the child 50/50.  So, he pays less child support, or, more likely given the income gap, you pay HIM child support.  Then he simply declines to participate in visitation.

It would probably be better for you to get full custody, with him getting, like, every other weekend.  Then, he would probably be paying you child support.

This is the tip of an iceberg.  Get an attorney.


Title: Friend's mother is passing and funeral costs are too high, what does she do?

Question:
My friend's mother is currently being taken care of by hospice and they called her mother's siblings and told them that it is time to make funeral arrangements.  As her mother has been an incredible money pit her whole life and quite the burden on her siblings, they are declining to pay for any part of the funeral arrangements, and are foisting the monetary issues onto my friend (We'll call her Alice).  Alice is a management figure at a food chain, and doesn't make the money to pay completely for the cremation of the body.  Are there any legal footings that Alice can stand on that will compel her next of kin (who are loaded by the way) to pitch in or contribute to the cremation costs and transportation costs?  Is there any financial help that she can garner to complete the burial?  She would like to avoid the state taking the body so I would like to get an answer swiftly since her mother doesn't have much time left.  Thank you in advance for any information or help you may have.  We are located in Brevard County Florida, USA.  If this is the wrong subreddit to post in I am sorry in advance.

Also, her family managed to block her from the call list that notifies people of her passing.  The only reason she found out was because her brother received a random call from someone at the hospice center notifying him that she was there.  So Alice called hospice and they said that they had to verify that it was okay for her to receive any information about her mother, from her Aunt.  Alice's suspicion is that they were intending on keeping her, her brother and their father in the dark until their mother passed and the state took the body, and that there is a life insurance policy buried somewhere in a pile of paperwork.

Answer:
 >Are there any legal footings that Alice can stand on that will compel her next of kin (who are loaded by the way) to pitch in or contribute to the cremation costs and transportation costs?

Nope, and that is good news. It means they can't force her to pay for the funeral arrangements either.

Your friend's mother is still alive. Can she make a decision on how she wants her funeral handled and paid for?
Answer #2: Perhaps you could donate her body to science so that it can be used to help others whether it be for doctoral students to use for learning internal anatomy, researchers to study any diseases she might have in order to try to find a cure or even the body farm at University of Tennessee Knoxville where they study the effects of different elements on situations on bodies in order to further forensics so that more murderers are caught and families can have closure.
Edit:  spellingAnswer #3: Less on the legal side of things, but many teaching medical universities will accept cadavers for the purpose of teaching students, and provide crematorium services for free as part of the donation.

My grandmother volunteered herself for this, and the local university arranged pickup, and later on, called us to let us know when we could pick up the ashes. In the meantime, we organized a small memorial service to satisfy some of the more fussy relatives who were upset by my grandmother's decision regarding her own remains.

Just an option if the costs are too high and your friend is okay with her remains being used that way.


Title: I own a piece of 2 WTC

Question:
I worked there from just before the first bombing until 1998.

While I worked there, Internet wiring required drilling holes in the floor, with circular cores removed.

I kept one.

Do I have legal rights to it?

Could my ability to sell it be questioned?

How can I get it authenticated without putting my possession of it at legal risk?

Edit: obviously the core was obtained in NY, but is now is in NJ.

Answer: There's nothing illegal about owning that unless you stole it. If this was debris from construction you were just keeping something that would have been thrown out.Answer #2: Were the cores thrown away? In that case it is just garbage. I doubt if any one is interested in something like that pre-9/11. An affidavit could be written then if there is a dispute you would need to testify. YMMV. IMHO.


Title: Girlfriend Got Physical With Me And I Had To Call The Cops. I Don't Want Thr Charges Pressed What Can I Do? -TX

Answer:
 You can express your desire that charges not be pressed.

At the end of the day, you really have no say in the matter -- generally, the DA decides whether or not to press criminal charges, not you, but your unwillingness to cooperate with them may influence their decision.


Title: [NJ] Renting a house, owner decided to sell. What Rights do i have?

Question:
In addition to the above, in the contract it states that:

>landlord and its agents shall further have the right to exhibit the Premises and to display the usual "for sale", "for rent" or "vacancy" signs on the Premises at any time within forty-five (45) days before the expiration of this Lease.

I've had to let people come into my home all summer (lease ends Jan 2)... Could i have told her NO? Can i legally take action against here? (not that i really want to)

I just feel like im getting the shit end of the stick her, and now she wants to do repairs for the new buyer while im currently still living there.  It's like i paid for a full month of uninterrupted use!
Topic:
Real Estate law

Answer:
 Your term you want to use is "quiet enjoyment." If the landlord is going to be conducting extensive repairs, she can either buy you out of your lease or compensate you by reducing rent.

Required maintenance cannot be refused, provided there is adequate notice in the lease. However if she's refinishing kitchens or whatever that may not be required. Honestly I'd just talk with your landlord about abating your rent to cover the increased disturbances.


Title: Seller refusing to vacate the property

Question: I bought a house from an LLC.  A member of the llc was living in the house. He is refusing to move out he is saying he never agreed to the sale.

Answer:
 File a formal eviction and have him removed by the sheriff. Answer #2: Is there any reason to believe that the LLC's agent had less than perfect authority to complete the sale, beyond the allegations of this one member? If not, assume he's a tenant and make him prove otherwise. If there is, call your lawyer and let them deal with this.

If he's an ordinary tenant, then his tenancy survives the sale intact. If he had a lease, it should have been disclosed during the sale, and you are now likely bound to it. Otherwise, he's entitled to as much notice as any other tenant that you are ending his tenancy, and then you can evict him through the courts.

If the LLC was supposed to provide the property unoccupied and failed to do so, you can go after the LLC to recover your costs afterwards.


Title: Left my cheating husband of 22 years, lawyer won't help me until I pay him $1200 - ex opened a new checking account and I'm left with nothing.

Question:
Here is my situation. I have not worked in the past year as my husband insisted he would take care of everything and I shouldn't have to work. After years of cheating and the kids being grown up I finally left. But I am backed into a corner now - I lost access to all of our funds when he recently opened a new checking account. I can't have my lawyer file for divorce or give me any advice until I dish out $1200 that I have no access to. Am I really stuck? My husband is trying to negotiate our terms over text without a lawyer and I am afraid this is going to really screw me over in the divorce. But I have nothing but some cash in my wallet to even live on at the moment.

I am in Arizona
Topic:
Custody Divorce and Family

Answer:
 No, you're not stuck, you just need a new attorney.  Plenty of divorce attorneys are willing to work out a fee arrangement that delays payment until you are restored access to your assets.  Answer #2: Tell your husband you'll negotiate with him if he makes a showing of good faith, by writing you a check for $4000 right now.  Tell him you'll write him a receipt, so he can show he's already paid that much in spousal support.

Other than that, you can look around for a lawyer who will help you without payment up front, or you can try to borrow the money from friends / family / neighbors.  If you're part of a church that might be another way to get help financially.


Title: [USA, MN] Is it illegal for my landlord to refuse to put a lock on doors and/or windows?

Question:
I live in a duplex that has a shared hallway/storage area. In order to enter our unit, we have to go through this common area. The common area has two access points from outdoors: we have the key to one, and our neighbors have the key to the other. Both access points have functioning locks. From the common area, there are two access points into our unit: one of them locks and one of them does not.

Our landlord claims that they are not responsible for adding a lock to the unit since our unit technically does lock from the outside. I believe that they should be responsible for adding a lock because as it currently stands, our upstairs neighbors could enter our unit at any time because they have access to the common area.

They also informed us that they would not fix the cracked window or the windows that simply do not lock. Is any of this legal? I feel like we're paying way too much per month (around $1000 after utilities) for a unit that isn't even secure.

Answer:
 What city? Are you in Minneapolis?

I'm not a lawyer, but glancing over the codes, it looks like there aren't a huge number of requirements at the state level, but the city of Minneapolis has very specific rules that include deadbolts. For example, see Minneapolis code 244.1660. - Locks required for rooming houses.Answer #2: It's insanely easy to install a ~~dead~~slide bolt lock yourself. Just go to home depot, buy a kit for like 30 bucks, and follow the instructions. I have no idea if your landlord has to do it, but you should definitely do something to secure your home while you get this figure out.


Title: If a co-worker consistently steals a person's lunch, and then one day that person poisons their own lunch, are they responsible if the co-worker eat it and falls seriously ill?

Question:
This is more a hypothetical than anything, although it was based on a true story (my friend's father is construction worker, had a co-worker who would sometimes steal his nutella sandwiches from his fathers personal esky, one day his father puts cat crap on his own sandwiches, co-worker never stole them again).

So let's say a scenario where a person is having their lunch stolen by a co-worker, and they've asked them several times to stop, and then one day they decide to bake rat poison or something into their own muffin, and leave it in their lunchbox clearly labeled with their own name in the work fridge, would they be responsible if their co-worker stole it and got sick?

I don't believe in this scenario the person who was having their lunch stolen would be responsible, but another friend said that if you were reasonably sure that another person would eat the food, then you'd get in trouble for poisoning it.

(Also we're in Queensland, Australia if it's relevant, my friend's parents are American so I think the "true story" happened in the USA but.)

Answer:
 In the USA, the poisoner would likely be guilty of assault or battery.

You cannot cause personal harm to someone solely because they're stealing from you. Answer #2: > I don't believe in this scenario the person who was having their lunch stolen would be responsible, but another friend said that if you were reasonably sure that another person would eat the food, then you'd get in trouble for poisoning it.

The friend is right: if you knew they would eat the poison and you put it in there for them then you're responsible.


Title: My apartment has doubled my rent

Question:
Hello all and thank you for your time reading this. I currently have a lease for an apartment that ends on 11/5 and I want to leave the apartment to move out of state. My lease states that I need to give 60 days notice to leave the apartment, but I thought it said 30-days, so I haven't yet given notice, even though I am past the latest date I could have given notice to leave cleanly in accordance with the lease. A few days ago, the apartment managers put a note on my door that offers me to extend my lease by another year at a slight premium, or to go month-to-month and pay literally two times as much per month as I was paying before.

It seems like if I want to leave, I can't do so before 60 days from Monday (when I'd first be able to provide notice) and any amount of time I spend in the apartment after 11/5 will be at the cost of twice what I normally pay.

How can it be that my apartment is allowed to double my rent like this? Are there limitations on how much my rent can be increase (the apt is in Nevada)? Is there any legal ground I can stand on to complain about this legal loophole of not giving notice and being immediately responsible for paying whatever arbitrary increase my apartment managers want to force me into?

Once again, thank you for your time reading this.

Answer: There are no laws in Nevada limiting rent increases.


Title: Evicting older brother who harasses us, we can't wait 30 days.

Question:
Sorry for any errors, very hastily typing this from my phone.

I'm currently in Japan and flying back to the states tomorrow. While I've been gone my older brother (25) has made himself legally a tenant in my mom's home since he stayed there for more than 30 days. This home consists of my mom, my younger brother (16) and me (20) when I'm back. He has brought nothing but chaos in the home since I have been gone. He is disrespectful, bullies and harasses both my mom and brother, brings shady and unwelcome people in and out of the apartment, we're sure occasionally has made drug deals outside the apartment, and eats our food incessantly when we are quite poor and have very low income. The only thing he hasn't done is be physically violent. It's stressing my mom to the point of sleep deprivation and bad anxiety, my younger brother feels unsafe and can hardly function in school, and my blood has been boiling for the past few weeks while I've been studying abroad.

As of about 5 days ago my mom served him an eviction notice. This is cool and all, but we cannot endure the 30 day wait. My mom has been told by police that any attempt at a personal protection order would be considered retaliatory, but I'm unsure of that considering how badly he harasses us.

Is there any way to get him out as quickly as possible?

Any help and advice would be appreciated.

Edit: This older brother is extremely childish and uncivil - reasoning does not exist with him.

Answer:
 Call the police if he does something illegal, like threatening or selling drugs.

Answer #2: So what happens when she calls the police?Answer #3: You're making a lot of assumptions about what the police can't do considering you're not even there. If you think he may have drugs, call the police. But regardless, even if you got him arrested and removed from the home you should still follow the removal process *to the letter*.  Even if he went to jail for a while, he could move right back in if you have not properly removed him, and if you tried to keep him out without having properly removed him he could sue for illegal eviction.


Title: [PA] A university police officer illegally searched my dorm, now I'm being disciplined for what he found

Question:
A few weeks ago, my roomate and I were having a drink in my dorm room. (Yes, I know this was a stupid choice, but bear with me.) We opened a beer can and it made the cracking sound like a soda can. Someone knocked on our door and then opened it when he realized it wasn't even locked. It was a university police officer.

Needless to say, we were caught red handed and we had our beer confiscated and given a citation. I asked the officer why he entered the room and he said it was because he heard us open the beer cans. He said that we could do the "youthful offenders program" which is basically like a diversionary program for first time offenders. He said that the university would be lenient with us if we did the program.

My girlfriend told me to get a lawyer because all this could tarnish my record and so I did. The laywer said that the police officer didn't have justification to enter my dorm room uninvited and that the search was illegal, therefore the charges should be dropped. We sent in the "not guilty" plea and went to the trial last week.

The judge agreed with us that the police officer didn't have the right to enter my dorm. My attorney asked the officer how the officer knew that we had beer, and he said it was because of the popping sound from the tab. She asked him how he could have known that the can had alcohol in it just from the sound. He said it was an educated guess and the judge said that a hunch doesn't meet the standard for probable cause. The evidence was suppressed and so the case was thrown out.

This morning I got a phone call to go to my university's Residence Life office and when I went there I was told that I violated the university alcohol policy. They wanted me to sign an admission but I refused, so now they're saying I have to contact them within 3 days to tell them whether or not I want a hearing or if I want to accept the penalty. I left a message for my lawyer but she hasn't gotten back to me yet.

I obviously don't want this charge on my school record, and so my question is, can the university use evidence that it illegally collected in a disciplinary hearing against me?

Answer: The standard is much much lower in an administrative hearing at your school and is not even remotely dictated by rules of admissibility in criminal proceedings. In fact, the standard is whatever is outlined in the student handbook and/or whatever bylaws they operate the disciplinary hearing by. More than likely, they can absolutely use the evidence/statement of the university police officer against you in their administrative disciplinary hearing.Answer #2: The search happened, the criminal proceeding were thrown out on constitutional grounds (which, is really great), but unfortunately, the schools administrative system doesn't have its hands tied in the same way. They have evidence you violated university policy. There is nothing stopping them from using that evidence against you (they aren't a law enforcement agency). Right now you're pretty far ahead. Depending on the administrative penalty accepting the punishment and moving forward might be your best bet.


Title: [Maryland] My Brother is attempting to accuse my Father of child molestation if my Father refuses to pay $1000 a Month

Question:
My brother(28) had called my Father during work stating this demand.

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As a little bit of a back story, My brother (28) has been struggling financially for a while. He has always seem to blame my father as the root of all of his financial struggles, and never takes any personal responsibility what so ever. I along with my other brother categorically deny that my father would ever do such a thing, and that we were never molested ourselves. I don't even like the idea of thinking that my father could be accused of this whatsoever, and it seems to be a matter in which my brother is trying to extort money from my father.

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My question is simple, does my brother have any legal footing what so ever to go through with this, given that this seems to be extortion? My brother had mentioned that he has been seeing a therapist, and that therapist suggested he pressed charges, but my brother felt like he was being a 'good' guy by giving my father a 'choice'.

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P.S. My father has said that he will not pay my brother a single dime, especially after accusing him of doing such a thing.

Also if there are any details i'm leaving out (which I'm sure of) that would be pertinent of any legal advice I will be glad to answer them in the comments below.

Answer: Get proof of your brother saying dad has never done such a thing and if he contacts the police you’ll have evidence of the extortion. There will be an investigation into if your brother was abused or not.


Title: speeding 54 in a 40 ticket and 'failing to yield to an emergency vehicle' ticket with required court appearance, Illinois

Question: **occurred in Illinois** So a couple days ago I was on my way back home from the gym and was caught speeding 54 in a 40 zone. I was in the left lane and signaled over to the right and as I switched lanes is when the officer flashed his lights on. Since he did this immediately as I switched lanes I was confused on if the officer was trying to stop me or the car in front to which I just came behind with the lane change. In those couple seconds of thinking as this was my first time ever being pulled over I saw the next upcoming side street and decided to turn my signal to the right indicating to the officer I am going to pull over in this street as I didn't want to stop traffic on a main road. Upon doing so he came up and was rude off the bat claiming "youre suppose to stop immediately" and claiming that I drove an extra half mile before pulling over but I explained the situation and confusion  and how that this was the closet street for me to pull over. he noticed I was a bit nervous as I explained this is my first time ever being pulled over trying my best to be polite. He then asks If I knew why he pulled me over to which I genuinely did not as I did not know I was speeding. He then claims to have catch me speeding 54 in a 40 but this was back by a different street about a mile away so im guessing he followed me for a mile and then decided to flash his lights. He goes to his car and comes back with 2 tickets one for speeding and one for failing to yield to emergency vehicles. It also has a required court date for both which is odd as I've had friends receive speeding tickets for more then 14mph and havnt gone to court. Also upon examining the ticket at home I realized the location of speeding was incorrect as he wrote w/b street "x" approaching street "y". I was actually turning right from a stop on street "y" onto street "x". I find it hard to believe from a stopped right turn I was going that fast considering I start from 0mph. Would I be able to fight either tickets in court? Again ive never gotten  a ticket or been pulled over and the ticket location is incorrect. I understand if I cant drop the speeding one but I find the failing to yield one unnecessary and am confused as to why there is a required court date for both. Any advice/explanations are greatly appreciated thanks!

Answer:
 > Would I be able to fight either tickets in court?

Sure, That's the point is being able to go to court.

If you plan on fighting them then get a lawyer.


Title: [CA] Was forcibly detained in a convenience store all night, is this lawsuit worthy?

Question: [removed]

Answer: Not entirely sure we have the whole story here. Did he accuse you of shop lifting? Answer #2: i don't get it. how does that even happen? what do you mean he put you in a room? did you not struggle? fight? did you try to escape? WTF kind of altercation could you have gotten into that would have prompted the employee to think imprisoning you in the store would be the best course of action rather than calling the cops or just kicking you out?Answer #3: A middle eastern man forcing a stoner into a cabinet sounds like a scene from a future comedy movie featuring Seth Rogan. Answer #4: Did you call the police?Answer #5: I'm going to agree with everyone else in this thread that there's a bunch of stuff you're not telling us. He didn't just randomly decide to throw you in with the cabinets.


Title: An business owner hit my parked car. I left a note and he came in after I left to yell at my coworkers and threaten me.

Question:
As the title says, I had someone park into my car and do some light damage to my rear bumper. I had no idea where he worked so I left my contact info and a brief description of what it looked like and that I had photos if he wanted to see what happened. I wasn't even all that pissed, the damage wasn't even all that bad, most of it later buffed out save for a small paint ding from the screw of his license plate frame. I really would have accepted a nice apology and left it at that. But according to my coworkers, he came in after some time and yelled at another Shift Lead and told him several things about me and used a lot of colorful language. The guy was new too so he had no idea how to handle this.

The guy said he'll have my car towed and report me to the police and make my life a living hell until I quit. Now I don't know what all the details were, I'm trying to get the guy to give me his statement but I'm not even sure what I can do at this point? I've never been in this situation so what do I do?

Location of this was in Malibu, Ca
Topic:
Douche

Answer: Sic your insurance on him.


Title: Employer says it's "okay" I have not had any federal withholding, points to Chron article for explanation why.

Question:
http://smallbusiness.chron.com/much-employee-make-before-withhold-federal-state-taxes-730.html

So here is the article. Noticed I have paid $0 federal tax this year. I claim "0", am married. Was sent an article pointing to single employees under 65.

So not only do I believe this was the most unprofessional form of information given to me by an employer - it makes me believe they have no idea what they are doing/have no desire to do any actual "work".

Can someone please tell me what is going on here?

Answer:
 That article says that, even in the instance where an *employee* may not owe any federal tax, that the *employer* still needs to withhold.

In other words, the employer should withhold the appropriate amount based upon the employee's W-4.  It is up to the employee, not the employer, to determine if federal taxes need to be paid -- the employer should not be trying to make that decision for the employee.Answer #2: The only time the employer should not be withholding taxes is when the employee claims “Exempt” status, or when they claim so many exemptions it essentially brings the withholding down to 0.

You’re only legally allowed to claim “exempt” when you had no tax *liability* last year (which is independent of whether you got a tax refund or not), AND you expect to have no tax liability this year.

This applies most often to low income earners with lots of kids; where the child tax and EIC credits offset any liability they may have.

If you’re not exempt, and you’re a W2 employee, they are required to withhold. Period.

If you’re a 1099 independent contractor, you’re also required to “pay-as-you-go”, except for you don’t have to withhold every paycheck; you instead make quarterly estimated payment. If you’re 1099, your “customer”/employer doesn’t withhold taxes for you, you’re responsible for it yourself. Having your employer not withhold can be a telltale sign they’re going to try and improperly classify you as an IC instead of an employee.


Title: Police raiding University bars

Question:
Hello all,

University student in Florida here. We have a slew of bars across the street from our campus, which are not in the confines of the campus itself. The campus and city police will often 'raid' these bars at a moments notice, going in and finding people who they think are underage, and IDing them. I've recently had a close friend of mine (under 21) get caught for MIP, and this is how she describes how it went down.

Le police officer approaches her in the bar, asks for her ID. Says that if she doesn't provide the ID she will be arrested on the spot. Officer takes her out the bar, takes down her ID, and files the charges with the county without arresting her.

I know that if you're not about to or in the process of committing a crime the police can't ID you. Does this apply when you're in a bar? What would happen if a student refuses to give their ID, as the officer can't prove the student is underage, and therefore committing a crime? Is the threat of immediate arrest a scare tactic? I'm assuming it's fair game for the police to lie about this. What is the likely scenario to play out if someone is IDed by the cop, refuses to give an ID, and immediately pleads the fifth to any questions, while staying completely compliant? By compliant, I mean not running, but also not giving an ID unless the officers arrest you and take it out of your pocket.

TL:DR: Police raid bars across the street from a university campus. Can an underage student refuse to give over their ID? Police threaten immediate arrest to noncompliance.

Answer:
 Drinking under 21 is illegal.
If your friend doesn't want to get in trouble 2ith the police, do not break the law.Answer #2: The police just need reasonable suspicion that you're committing a crime to demand ID. Someone drinking who they think is underage probably counts.

It is a crime to refuse to provide ID if the police reasonably suspect you of a crime.Answer #3: Inside the bar the cops and employees can ask for your ID to make sure you're legally allowed to be in the establishment and consuming alcohol.

The cops did nothing wrong. Don't go into bars underage and you won't get in trouble for it.


Title: I live in Florida, worked at a bar where the owner was obviously refilling top shelf liquor with cheap stuff from the liquor store...

Question: Googled it and keep getting Texas or Georgia atf... He's also not paying employees, among a bunch of other violations, who do I report this to?

Answer:
 Florida Division of Alcoholic Beverages and Tobacco: 850.487.1395 ; http://www.myfloridalicense.com/dbpr/abt/

Department of Labor Wage Offices: https://www.dol.gov/whd/america2.htm#Florida Answer #2: Yea...your boss is fucked. Even buying a bottle of liquor from an ABC store and putting it on the shelf at a bar is a huge violation in my state (NC). They tax liquor differently for bars and the ALE (similar to FL division of alcohol and tobacco) most definitely will routinely check all bottles at a bar (including ones in the recycling bins) to ensure they have the proper stamps. We also have to scratch/line thru the sticker once the bottle is empty, because it is also illegal to refill a bottle.

The other poster is dead on with your contacting the FL division for Alcohol and Tobacco.


Title: Co-Sign Federal Student Loans?

Question:
Good afternoon everyone, Happy Father's day to all those who are fathers.

A sibling of mine is hoping that I can co-sign on her student loans. From my understanding she's attempting to go to Spelman  College. Now let me say this upfront, I in no way shape or form grew up fortunate  (money standpoint) nor wise (focused on working instead of school) enough to go to a university straight out of high school. Which is why I enlisted in the Air Force, hoping to obtain my education debt free and not digging myself in a hole. I feel awful about telling her no because we don't have many people to count on, my mom's credit is so bad I'm sure she couldn't get approved for a loan for government cheese. However, I'm trying to set myself and my future family for financial success with the less amount of burden.

Per the Spelman website, cost of attendance is $42,929.00 per year. How would I be affected if I were to  co-sign her student loans? Will this affect my credit score in the short and long term? She's hoping to become a OBGYN, so will I have to continue to cosign her student loans after her undergraduate is finished as she progresses into med school? Are there any avenues we can take on attempting to retrieve a loan?  Have you all had bad experiences with co-signing debt? Keep in mind, Spelman only accepts federal loans.

Note: If this isn't the correct sub to be posting these question, please refer to me to a better sub to seek guidance please and thanks.

Answer:
 You will be in the hook to repay the loans if she does not.  You are not obligated to cosign loans for her entire college career. Answer #2: > Have you all had bad experiences with co-signing debt?

This isn't really a legal question you might want to go to /r/personalfinance and they will tell you:

Do not co-sign this loan. Seriously do you want to be on the hook for the debt? Do you want to tank your credit score when your sibling can no longer pay? If any of these questions is answered with a no then you absolutly shouldn't co-sign this loan.

>Keep in mind, Spelman only accepts federal loans.

The kind you almost never can discharge in a bankruptcy. Answer #3: She choose an expensive school without knowing how she was going to pay for it!?

Tell her no. You were financially responsible and lived within your means. You cannot afford to risk everything you’ve sacrificed and worked for because she made the financially irresponsible decision to attend a school she can not afford. Remember, not even bankruptcy will rid you of the responsibility of paying them back if she doesn’t deliver.

It’s good that she’s pursuing a high paying career, but a lot can happen between now and when she’s a doctor.
Answer #4: **Don't do it**

YOU will be on the hook to pay back those loans if she doesn't, and the only way to get rid of these kinds of loans is death or permanent disability of the student.  Just walk away, here.


Title: X-post personfinance; Employer wants to change my payment to a lower wage for hours already worked.

Question:
Throwaway. TL;DR at bottom. Also this is Ohio, if that helps anyone.
 Thanks in advance for any advice!

So I work as a home-health aide while I'm in college. There are basically two ways we can be paid: Wake hours, which is full pay, and On-site, On-call which is basically half-pay. Typically I only agree to work houses with all wake hours, because this job isn't worth doing for on-call pay (which is basically you sleep at the site, while the patient is also sleeping).

There's a site I work at predominantly on weekends aside from my other, permanent shifts. This site is on a week by week basis, where I fill in as people take off work. I get paid every two weeks. Last weekend I worked an overnight shift (3pm to 9 am), and this weekend i worked second shift (3 pm to midnight). While I was working second shift, I got a text from my house manager. Text included, minus identifying info:

"Hey, bankrolled, there has been changes to the way the shift is paid. Wake Hours are: 6a-9a and 3p-11p. On Site On Call are 11p-6a. So when you clocked your time you have to clock in according to the type of shift it is.

For example, for today you would clock in wake 3p-11p, and then 11-12a on site on call."

I responded that I wasn't okay with them arbitrarily changing how they pay me for the hours I'm working after I've agreed to work them, and she responded again:

"It has always been like that at X house. We just haven't been putting it in correctly, so [Head Manager] has been going back and fixing everyone's time. [Company] is enforcing the policies and procedures that are in place."

I responded, "That may be so, but I have never been informed of this. And I can understand clocking hours differently in the future, but I expect to be paid wake hours for what I worked today and in the past."

Manager: "Take that up with [Head Manager], but I am informing you of what X plan specifies. You can read this plan for yourself and see that what I am telling you is true.

I plan to go in Monday and view the house procedures and speak with Head Manager myself. Can they do this? If they go back and change my hours for the past two weeks I'll miss almost an entire shift of pay. I plan to stop filling in shifts at this house immediately, but I don't want the hours I've already worked to be changed.

TL;DR: Two types of hours with two types of payment. Company wants to go back into and change a lot of my hours to the lower payment after I've already worked them. Is there anyway I can convince them not to?

Answer:
 >Company wants to go back into and change a lot of my hours to the lower payment after I've already worked them. Is there anyway I can convince them not to?

I would start by telling them it's illegal, and then I would start looking for a new job.


Title: Basement flooded with sewage in (fairly) newly rented home and Landlord wants me to pay. What are my rights?

Question:
I moved into an old home (built in the 1920s) in NC around late December 2015. Our landlord is about as old as our house. He's always been friendly, but he isn't the easiest person to communicate with.

Our first two water bills were really high, so we tried calling him to request a plumber, but he never answered our calls. We tried not using the dishwasher, and boom, our water bills went back to normal. Problem solved. Now we have an unusable dishwasher, but that's better than $80 water bills. Didn't notice any problems after that beyond our bathroom sink taking a little while to drain.

A few weeks ago, I went down to the basement to do some laundry and discovered raw sewage and puddles of water. The smell was ungodly. I tried calling my landlord once, twice, three times. No answer. Once I noticed the fumes spreading upstairs, I went ahead and called Servepro to have it inspected and cleaned. I told them I'm a tenant, not a homeowner, and they told me I have to have approval from my landlord for them to do anything.

We played phone tag for an hour with my landlord. They expressed some concern because it didn't seem like he understood the severity of our situation. I ended up begging them to please just clean it up, and I would explain it to him later. I signed off on papers saying that someone would pay for the clean up.

After talking to him post-clean up, he seemed to understand what happened and agreed that it needed to be fixed as soon as possible. The next morning, the plumber came. He told us this problem went far beyond what any two tenants could accomplish in five months. We asked our landlord, and sure enough, he couldn't remember ever having the pipes cleaned. They were full of baby wipes, tampons, and diapers. We do not have a baby, and I have never flushed a tampon in my life because I'm not an idiot.

We paid $150 out of pocket to the plumber to insure that he came back to finish the job the next day. We never had a conversation with my landlord about who would pay the cost for clean up and repairs, and I know the repairs were in the thousands. We assumed it would be his responsibility. I'm basing this assumption on Article 5 of the NC Landlord and Tenant Laws:
"In short, the landlord must:
• Comply with applicable building and housing codes.
• “Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
• “Keep all common areas of the premises in safe condition.”
• “Maintain in good and safe working order . . . all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities . . . supplied by the landlord.”

I tried going through our lease, but it's very vague. The most I could get out of it is that if the situation is our fault, we're responsible for paying. I highly doubt two people living for five months in an almost 100 year old house caused this problem, but I'm not sure how I could argue that case. What rights do I have as a tenant in this situation? If all else is lost, could I at least ask him to take the money from our down payment?

edit: realized I signed the lease in December, not January.

Answer: Tell him to stuff it.  You're not responsible for any of this and he can't dock your security deposit to do so.Answer #2: Document the fact that you called him (what times) so he can't later pretend you didn't inform him of the flooding.  My basement flooded a few years ago and time is seriously of the essence for cleanup. The longer you wait,  the worse it is.


Title: [Oregon] Evicted by co-leaser?

Question: Me and my roommate are currently both signed into a lease. We have been arguing recently and she is now threatening to evict me. Can she legally do so?

Answer: Nope