Title: If You Are Handcuffed, Is That An "Arrest"?

Question:
Location: Massachusetts

This question is really just to settle my own personal curiosity over getting in a debate about it a couple months ago on reddit.

I posted about an incident that happened to me a few years ago.

A quick version of it:

I was pulled over by a state trooper for speeding.

This was 2008 and I was fresh off of campaigning for Ron Paul, so I was young and big on "flexing my rights" at the time.

I only rolled down my window just enough to be able to speak to the trooper and hand him my information.

He didn't like that.

He asked if I was trying to hide the odor of marijuana.

I told him no, he asked to search my car, I refused.

At that point, he walked over to my passenger door, opened it, and start searching my car with me still sitting there.

I again told him I didn't give him permission to search my car.  This pissed him off more, he exited my car, came back around, and ordered me out.

He then patted me down (bonus question, doesn't an officer need reasonable suspicion to believe I may be carrying a weapon to do a pat down?  Considering he felt safe enough to lean into my car, and look under my passenger seat while I sat 6 inches from his head, I can't see how he would have that.....)

At that point he told me to lean against my car, handcuffed me, and left me there for about 10 minutes while he ran my info.

So, basically, even though I was handcuffed, I always considered that I was simply "detained."

When I mentioned the story on reddit though, I had multiple people tell me no, that because I was handcuffed, by a legal definition I was "arrested."

I had always considered being arrested being handcuffed, charged, and booked for a crime, not simply just being handcuffed.

So, my question is, who is correct?

Under, I guess you would say a strict legal definition, does the fact I was handcuffed mean I was "arrested."
Topic:
Other Civil Matters

Answer: Being handcuffed does not automatically mean you are arrested. You can be detained in handcuffs. Whether this specific set of circumstances amounts to an arrest isn't clear based on your narrative.


Title: Daughter was bit by my Mother's dog and she stopped paying the medical bill. We're facing collections now. In TN

Question:
Tennessee. While visiting my mom's house in Feb, my daughter was attacked by her dog. I instantly rushed my daughter to Children's Hospital. She needed stitches and antibiotics. My mom said she would cover the medical bills after our insurance. She did cover the first bill that came in and it was for $200. We got another bill that was for $329. I gave her that and she said she would pay it. That was in April. We just got a final notice bill that came in that said we are going to be put into collections if we don't pay it. I contacted my mom and she said she's not going to pay the bill because she can't afford it.  She won't even call to set up a payment plan with Children's Hospital. I don't think we should pay this because it was her dog that attacked unprovoked.  What is our next step?
Topic:
Other Civil Matters

Answer:
 The claim should have been through your mother’s homeowner insurance, then you wouldn’t have to worry about any payments.  Liability would your mother’s and she could then choose not to pay any bills.

First step, notify her homeowner’s insurance.  If she didn’t have any, you might have to sue her.Answer #2: >What is our next step?

Pay the bill then sue your mom.

As far as the hospital is concerned they rendered services to your daughter (since your daughter is a minor you can replace that by you) and your mom is just a thirth party not connected to any of those bills.

So if you want to prevent the fact that the bills go to collections (and might start to have a negative impact on your credit score) then you'll have to pay. The only way to force your mom to reïmburse you is by taking her to court.


Title: (CA) husband hid his assets, threatened to hurt our children, and not he’s extorting me.

Question:
So I married a real psychopath. We’ve been married for 9yrs and we have 2 boys. Here are the facts:

1. We both work full time and contribute equally to our joint account. I have no idea how much he makes, but it is enough for him to buy brand new range rovers for everyone in his office.

2. He is extremely abusive and controlling. He has had a blackmail file on me ever since we met, and he has threatened to destroy every aspect of my life if I ever left him.

3. I just left him and filed for divorce. He is starting to follow through with his plans to destroy me. I have an audio recording of him extorting me by threatening to get me fired. He also said that he doesn’t give a fuck about the kids and he will emotionally hurt them as much possible if I look at his finances.

4. I know that ca recording laws require two-party consent. Is there any way that I could use these tapes to prove what he’s doing.

5. Also, I don’t think he’s going to let me skate out of this alive. I just can’t even imagine him allowing me to live.

Answer:
 How old are the kids?

I'd recommend getting a divorce lawyer, talking to the police and reporting his threats/blackmail, talking to your HR department. You and your children's safety are of the utmost importance. Assets will be divided in the divorce. Blackmail re your career is not worth holding back, and there may be other options aside from just the recordings, like if he contacted your employer. But it's hard to gauge without more specific details of what he is threatening.

Good on you for leaving and filing for divorce. It is the best and the hardest decision from what I understand.


Title: I sold the biggest deal ever at work, owner is trying to push me out so he doesn't has to pay recurrent commission.

Question: I work in a company that has a staff of around 80 people, there is 1 owner who is also the CEO. I reached out to the owner and came up with an idea for a new sales channel. Normal good sales people in the company sell around $2 to $4 million a year in revenue. This deal I made is $14 million for the first year and then every year around $25 million revenue recurring. As soon as I was closing the deal I've been pushed out. I will be payed commission for that $14 million deal but the owner is gently pushing me out, moving me away from this customer and taking it over himself with other staff. He told me he's not planning on paying me commission on $25 million a year and he's putting other people on this customer who he doesn't have to pay commission and is refusing to let me deal with this customer in the future. I feel betrayed and run over for doing a great job. I took the initiative for getting this new sales channel, this is the biggest deal ever in the 20+ years the company is active and I feel that I'm going to lose my job over it. I feel like shit. WTF. I love my job and I'm good at it. I don't want to work in another company but I feel that I will have to leave, this is bullshit. Any advise? I'm in Europe. Thank you.

Answer: My advice is that potential commissions on $14 million and a recurring $25 million are significant enough that you need to consult a real life attorney rather than an an anonymous internet forum.


Title: Can I cancel a service contract with WOW! for failure to perform due to Hurricane Michael outage

Question:
I live in an area effected by Hurricane Michael. We used WOW! cable TV and internet service before the storm. I had changed service plans earlier this year resulting in the typical 2 year commitment. We have been completely without all WOW! services since the hurricane last month.

Is this justification to get out of the contract and avoid Early Termination Fees? If so, is there a specific course of action I need to take to do so?

Answer: Your service contract probably contains a clause which says service interruptions due to an Act of God or natural event are not grounds to cancel.  Having said that, they shouldn't expect you to pay for the period of no service.


Title: Surgeon error

Question:
Hello, this is my first time posting in this sub. My uncle was scheduled for surgery on his wrist on his left hand. The surgeon somehow messed up the procedure and operated on his right wrist instead of the left. Both his hands are now messed up and can’t work anymore due to what happened. His current lawyer seems like he is taking advantage of my uncle money wise. Is there any kind of lawyers who specialize in these things personally. Really need someone who can help out and point me to a great law firm if possible.This happened in California. I apologize in advance if I violated any rules.
Topic:
Medicine and Malpractice

Answer:
 Yes, we do not do referrals here.

Also, Medical Malpractice is very complex and fact specific so it's kinda beyond the scope of this sub

EDIT: try the CA bar association for a referralAnswer #2: Medical malpractice is an exceptionally specific, evidence-based field of law that cannot be covered on this sub. He would need to discuss the specifics with an attorney specialized in medical malpractice.

He should contact the CA state bar association, if that's where your uncle lives, and request a consultation in this field. Consultations are inexpensive. If his current lawyer is dissatisfactory, then he can look to another. Depending on the behaviour of his current lawyer, he could file a complaint with the bar association.


Title: [IN] Landlords grandmother paid the back taxes on her granddaughters house and now owns the place...

Question:
Her or her daughter [Landlords mother] Has been stopping by saying that we are now trespassing and have one week to leave. She stopped by today and said our landlord knew about all of this before it happened.

My roommate and I have no money and I'm starting a new job next week. Is there anything we can apply for or anything we can do to prolong this until we find a place, or stop this from happening?

Answer:
 She most likely still needs to go through formal eviction proceedings. I don't have specific knowledge of Indiana, but I am not aware of any state where you can just show up at a tenant's house and verbally tell them they have a week to leave.Answer #2: Do you have a lease? Is it a month-to-month or for a longer period (and if it is, when does it end?)? How long have you lived there? Answer #3: you can probably find property records online to find out who the true owner is through your county's website.

It's kind of unsure from what you've written if you are paying rent and have any sort of agreement.

if you just started squatting when your friend went to jail and don't have any sort of lease agreement and have not established residency legally or pay rent, then you may be in kind of a grey area where they might be able to toss you out.

if you HAVE paid rent then:

I'm in Indiana as well. She needs to give you a 30 day notice to vacate to end a month-to-month residency (unless it is for cause). If there is some other cause (including non-payment) for you to leave then she needs to send you a 10 day notice to cure.

Once the 30 day or 10 day notice is up and you haven't moved out/paid/cured, then she can file eviction. This sets up a hearing date that is typically a minimum of 10 days away.

At the hearing the judge typically around here orders you out in 7 days, although it may vary by county, I think this is about average.


Title: For surgery patients whose surgeon bypasses informed consent, is there a "contract law" legal perspective that could theoretically be used for relief?

Question: [removed]

Answer: This is beyond the scope of this sub. You should contact the Bar In Hawaii for a referral to a medical malpractice attorney. They can go over the details and determine your standing.


Title: UPDATE: Fish market operating out of my 1st floor neighbors apartment

Question:
**EDIT: NO PROOF THAT SHE IS ACTUALLY SELLING FISH - I'm just being a smart ass with my title.**

CENTER CITY : PHILADELPHIA, PA
I deleted our previous posts (sorry about that, just didn't want this to be up on the internet forever) so to recap-- our first floor apartment neighbor makes some crazy (and I mean crazy) food on a daily basis. The cooking odors (fish, fish oil, fish paste, etc.) travel through our HVAC system into our third 3rd floor apartment and permeate into our furniture and clothing. Our friends & family mention that WE smell like fish when we leave the apartment. My boyfriend loves seafood and even he cannot stand the odors and we have to sometimes leave the apartment when it's really intense. We can't confront her with this issue because there is a strong language barrier.

Here's a perfect example of what's happening in her apartment:

http://imgur.com/Ye2mYRD

I took this photo 2 weeks ago while picking up laundry in the basement (we have access to her apartment during the day to do laundry w/ shared washer/dryer in basement) notice how the rack is located ONTOP of the HVAC vent. She is using the heat from our central air system to dry out her raw, rotting fish.

We immediately contacted our property manager (we have a language barrier with our landlord) with the photo and said things need to change NOW and he replied "wow". After hounding him for another day, he finally replied, "the landlord told her she can't do that anymore."

Since then, she has slowly taken down the rack of fish. This hasn't changed the fact that she still cooks this shit and the fumes are still coming in through our apartment at a constant rate! We begged in Jan that management would install an exhaust fan to carry the fumes outside, as we don't expect her to change her cooking habits. I mean with the amount of cooking she does, and the consistency of the fumes-- is no doubt ruining the value of that apartment, it reeks when you walk in the door even if she's not cooking!

What can we do at this point? Our property manager is obviously not interested in actually making any change. Is calling a lawyer a viable option? They have $3500 from us for our first month, last month and security deposit and that's something we're not excited about moving on without. We're upset about paying ANOTHER months rent tomorrow to these people who are completely disregarding some crazy shit happening in that apartment!

We honestly feel that we have been extremely reasonable with this situation. We could have easily opted to involve the city with the Board of Health as this most likely violates health codes. Maybe it's time to move on to more serious action?

Edit: [Link to deleted original post](https://www.reddit.com/r/legaladvice/comments/46iqh1/intense_apartment_odors/)

Answer:
 You can sue, but you would need to show that her conduct amounts to a private nuisance.  Mainly, under PA law you'd have to establish that: the smell "as definitely offensive, seriously annoying or intolerable" to a normal person.

I'm not sure you're really dealing with a health code issue -- sure, rotting fish might be disgusting, but unless you can demonstrate a real health threat from being exposed to the odor.

Answer #2: Are you alleging that she is literally selling fish out of her apartment?


Title: Can you use athletes or famous people's image on a t shirt for sale

Question: I would like to know if this is legal the image i have is copyright free and i would like to sell the  t shirt on Etsy. are athletes let's say Like Lebron James or Kobe Bryant's image copyrighted altogether and can't be used without consent or is it ok?

Answer: No. Even if the image is copyright free, you can run afoul if use of their likeness conveys endorsement.


Title: I pay for her divorce attorney and she is abusing it.

Question: It's the elephant in the room.  I pay for her attorney, so she has no financial responsibility to the discourse she creates, however unnecessary it may be.  She may deviate from the interim arrangement and if I complain about it, I pay for it.  If she is unsatisfied with the result of negotiating with me directly for things outside of the agreement, she complains to the attorney, and I pay for it.  Does the bar association support this? How is this ethical? The family law system equalizes the financial playing field by having me pay for her attorney, but how is abuse prevented, especially when her attorney profits from it?

Answer: Talk to your attorney


Title: (MA) Rear ended by state dump truck, significant damage. Need help

Question:
I'll try to make this short and to the point.
 A quick little back story: a little over a year ago I lost my 14 year old brother to a brain aneurism. My life since then has been a constant and emotional struggle. I also just got a new job that requires my physical abilities, as well as operating stuff..

  A few days ago (12/10/15) I was coming to a stop behind a school bus in traffic. Before I knew it there was a huge bang and I found my car slidding out of control toward the ditch. My first thought was I just might see my brother again, and how the last time I saw him we went for a drive in my new car. The one that just got smashed. I braced myself for the worst but somehow I ended up half in the brakedown lane, alive.  The driver of the truck asks me if i was ok, and admitted to me he dropped something in his cab, and looked down to pick it up. (Going 55mph) He also told this to the cop. The truck was also equiped with a dash camera that recorded everything. I spent the rest of my night in the hospital with some unpleasant back and neck pain. There was also over 1000$ worth of personal property damage of mine, not part of the car. I filed a police report and insurance claim, but what do I do now? I have to work all week, which will suck because the company doesnt want me to get hurt further on the job... my car has significant chassis damage and most likely totaled, my body feels like i got hit by a..dump truck, all the emotions of my brother have flooded back and i'm feeling really, really down.

Any and all advice is appreciated. And sorry for the bad spelling and structure, on mobile.)

Answer: First, you need to take care of yourself, even if it means losing a day or three from work. Contact a local attorney that specializes in personal injury. They'll take care of the damages and possibly lost wages.


Title: If I get an online degree, will it qualify me for H1B visa?

Question: Hi! I just found out it's possible to get valid degrees from US universities by attending their programs online. Is that true? Is such degree inferior (legally) to the one you would get in-person? Can it be used to apply for H1B work visa?

Answer:
 Not sure how to answer your visa question, but an online degree from an accredited university is often viewed as identical to the on-campus program. It likely depends on the school and the specific program, but many reputable US universities offer high-quality online degrees these days.Answer #2: It is not just *having* the degree. The job must be one that can can only be done by a person who has such a degree. For example, a data entry job wouldn’t qualify.

For the advanced degree exemption, you must have “a master's degree or higher degree from a U.S. institution of higher education.” The college or university must meet a whole bunch of requirements.

These include that it must be a public or non-profit college or university. There are a lot of for-profit colleges, and they are the ones more likely to offer online learning.

The institution must be accredited by a recognized accreditation organization.

There are other requirements as well, such as the college must review and select applicants rather than just accepting anyone who pays the fees.

You will need to verify that your proposed online degree is from a college or university that meets the requirements.

As with other H1B categories, so many petitions are received that there is a lottery to select the ones that will move forward. Even winning the lottery is not a guarantee of getting the visa.


Title: [RI] Roommate keeps calling me a N*gger

Question:
I was minding my business, doing laundry.

*The guy is passing by so I say, "Hey what's up man."*

*He responds, "N\*gger."*

*I'm like, "What?"*

*"F\*cking n\*gger."*

*"What are you talking about?"*

*He looks me dead in the eye, "You're a f\*cking n\*gger," and walks out.*

We're both tenants in a house. Our rooms are right next to each other. He moved in a month ago.

I've done nothing to him in the past. He's called me the n-word in passing before. I had ignored it, thinking I misheard. This is the first time he's said it to my face. I'm positive he was sober each time.

He's bigger than me so I don't want to start a fight. I don't know if he's crazy but I'm really freaked out, and I just don't feel safe around him.

Trying to find if I can do anything about this. Can he be arrested/restrained/evicted for verbal assault or racial slurs or something?

Answer:
 Absent a very peculiar lease, calling you the n-word, while highly uncivil (to say the least), isn't gonna be a violation of the lease. Nor is it illegal.

If he threatens you, report it to the police. You may also want to look into how to break your lease should that become necessary, or discuss the issue with your landlord.


Title: Home Alone: Unnecessary force, or legitimate self defense?

Question:
I was watching Home Alone last night with my family, and it's a great movie. That said, I've always wondered how much trouble Kevin could get in for using the traps he made against the robbers.
On one hand, they broke in, and there's an argument that, because there were two robbers far bigger than Kevin, he was allowed to use such force, since he would have been outnumbered and overpowered.
At the same time, though, he knew they were coming, and he attacked them first- but instead of calling the police before they arrived, he set up various traps to injure and maim the intruders.

I'm not saying Kevin wasn't in the right morally, given the context, but from a legal perspective, how much trouble could he get in, if any at all, for fighting the robbers and attacking first?

Answer:
 A lot.

Even if you're in the clear to use deadly force, you can't use traps to do it. Weapons are selective, traps aren't.

If a neighbor had heard the ruckus and called 911, that would've been cops, firefighters, or EMS running that gauntlet.

That said, he probably wouldn't have been in the clear for deadly force, either.

IMO: Being a kid might have gotten him out of charges, if the police didn't want to deal with a shitstorm from the media, but the civil suits would've come regardless.


Title: [CA] I am a college student and through my tuition I pay for public transportation to be "free;" however, I didn't have this semester's "commuter sleeve" on the light rail and I was given a $153 fine.

Question:
California. I apologize for including so much information, but I feel it is all very necessary to understand my case.
Just as the title says, but here's some elaboration, backstory, argument, and what I have done in preparation for my case. Thank-you for taking the time to read this.

Every semester, my college has a new "commuter sleeve" that one must retrieve from an office that is in the other half of the campus that I do not frequent. In my story, I failed to retrieve a new sleeve. Through tuition, one pays for "free" access to all regional transit in the area. A sleeve goes around/ holds a student I.D. and is nothing special. In fact, it simply lists semester length dates on them. It has nothing else on it, including school insignia. In other words, this sleeve could be easily replicated with colored paper, Microsoft word, and a printer. Regardless...

On April 28, 2017, My father had dropped me off at college to turn in some school-related documents. Since the line to turn in documents was long, I texted him, telling him to return home without me, and that I would catch a ride on the light rail back to the house.

Fast forward to me on the Regional Transit light rail and a transit officer asking to see my ticket. I confidently show him my student I.D.. He informs me that I have an expired commuter sleeve (a sleeve from last semester). I apologize and tell the transit officer that I am still a current student, just without the
sleeve to prove that fact. He says something along the lines of "don't apologize to me; you're getting a ticket."  While the transit cop is writing said ticket, the doors open and it's my stop. The cop tells me I must stay on the train until he is done writing my ticket. Two stops pass by, and he is finished writing my ticket. A fellow passenger hands me an unused, $7, daily pass as I exit the train so I may get back to my stop.

I cry because I have never been off the train beyond my stop and I am scared. I do not have a phone with data, in other words, I cannot call or text without wifi. Also, this has never happened to me. Furthermore, I have never used the ticket machine, so two trains headed back to my stop pass me by as I try to figure out how to get my ticket time stamped, which is a requirement before getting on the train. I eventually get back on a train and head to my house.

The same day, I call my friend, and I have him drive me to the school to exchange my old sleeve for a new one.

Fast-forward again, I check the mail and I receive my ticket fine of $153 from the Superior Court of California.

On the ticket, my citation is marked as an infraction. The law is titled "P.C. 640 (c)(1) Fare Nonpayment."

Side note: On the ticket, there is a box for "Advisement of Violation (no further action is required)" and I really wish the transit cop marked this one and let me off with a warning instead. A friend has advised me to search for what actions deserved this warning instead of receiving the citation I got. I will do this later.
Continuing...

I believe I have a case against this fine, so I plead not guilty. I am scheduled to reappear in court early next month. I am scared. My argument is that I did posses valid fare via my tuition's mandatory transportation fee, whether or not I picked up the physical indicator of that (that indicator being the sleeve).

I have a clean record.

On May 19th I emailed one of my district's "County Board Supervisors," who also happens to be on the Regional Transit Board of Directors and I explained my story. But I doubt I'll receive a response in time.

Since my friend is going to the school for a day for personal business, I'm having them inquire about this situation with the office who holds the commuter sleeves for pick-up at anytime.

The court house's atmosphere made me feel guilty. And part of me feels my argument sucks. But...I don't understand how I can be fined for something I already paid for in advance.

I tried googling for similar cases, but nothing came up. There was also nothing about this specific situation outlined on my school's website or the RT (regional transit) website.

For the court date, I have printed the pages of Regional Transit law from their website, my school's page about commuter sleeves explaining that through tuition students may pick them up and ride transit for free, my tuition receipt from last semester highlighting the "transportation" detail, and my current tuition bill detailing I must pay transportation again this semester.

Please advise me. Is my argument strong? Is there something I'm missing? Thank-you very much for your time.

Answer:
 You can present the current sleeve and say you actually covered the fare and hope the judge is lenient on you. The issue you're going to have is that you did in fact break the law. I guarantee that that law requires you to pay for your fare and to produce the payment when asked by an officer. You failed that last part, so the ticket is valid. The officer had no way of knowing that you did in fact have a valid sleeve and weren't just trying to use last semester's pass because you no longer go to school there. Answer #2: If missing your transit stop scares you to years, maybe you're not ready for college.

You broke the law here, you have to.habe proof of a valued fare, you (lazily?) Failed to acquire that proof.

If you go and fight the ticket, bring the new sleeve and see if the judge will reduce your fine.

Good luck with life.Answer #3: Personally I think the best thing to do is start focusing on tips for going to court and speaking in front of a judge.

This situation is causing you a lot of anxiety and you are over thinking it. Everything will be okay, regardless of whether or not you have to pay a fine :)


Title: Being denied housing because of service dog. Being offered older housing that “allows pets” instead.

Question:
So my fiancé and I will be moving to La Crosse, WI for him to begin his medical residency this summer. We are provided housing through the program, and they offered two housing options: an older townhouse unit that allows pets and a new house that doesn’t allow pets. We applied for the new house because it fits our needs better and my service dog isn’t a “pet.” We were approved and promptly submitted our paperwork letting them know about my service dog, to which they replied that because of this we are no longer eligible for the new housing.

“Unfortunately we do no not allow pets in New resident Housing. I reviewed your housing request, and in the Housing request form sent and received, you requested new housing. The new housing request section is very specific on no pets. I also reviewed your letter for a Service Animal. This letter still doesn’t allow me to accept pets in new housing when old housing was An option for residents with pets. We  have very clear rules and policies for animals, so the new Housing will not be available to you.”

I plan on drafting a letter to this representative, but does anyone have tips on what I should say?
Topic:
Landlord Tenant Housing

Answer:
 This is an intriguing question (and I don’t know the answer). Technically they aren’t denying you all housing, just specific housing, so not sure if that would count as violating the Fair Housing Act. Answer #2: Forcing you to live in specific housing because you are disabled is against the Fair Housing Act.

Refusing to rent a specific property that you are interested in, or charging more for that property because you have a service dog is illegal.

You were first approved for this property that you prefer. Now that they know what you are disabled they are refusing to rent it to you. That is not acceptable. I would stress again that you do not have a pet you have a service dog and you are requesting reasonable accommodation. If they do not relent then you will have to get a lawyer and have them write a f*** off letter. You could also likely file a complaint and your state for discrimination. You need to do some research about which government agency accepts housing discrimination complaints.

(IANAL) however I did inquire about this when I had my service dog and I spoke at length with my University's disability Resource Services and housing department about the issue. They were very clear on this front.


Title: ADA Protected Status - Bi-Polar Disorder

Question: [deleted]

Answer:
 If you need an accommodation from your employer, you generally have to ask for one, and be specific about what it is you need. Doing so in writing is a good idea. It's not up to your employer to guess, or to accommodate every last thing you do.

Accommodations must be reasonable, and while tolerating a little light swearing is _probably_ reasonable, allowing you to curse at coworkers at will likely isn't.


Title: People Storing Vehicles on a Vacant Lot That I Own Lee County, FL

Question: I have a vacant lot in Lehigh Acres, Fl, which is in Lee County. Code enforcement sent me a registered letter to remove a trailer and vehicle being stored on the lot or else they will start enforcing a daily fine beginning on January 18, 2019. I called the agent for details because inspecting for myself is not a viable option as I do not live in a reasonable proximity to the property. The agent recommended that I mail a letter to all of the houses on the block in an attempt to notify the owner of the vehicle and trailer to remove them before January 18, 2019 or they will be towed. I pulled up all of the houses on the block, there aren't many, and am ready to draft and send letters. What should I be aware of here? Can I tow? Can it be at the vehicle owner's expense? Should I send the letters certified? Any advice would be helpful. Thank you.

Answer:
 You can tow at the owner's expense.  You don't need to notify the vehicle owner; you making an attempt is a courtesy and an attempt to resolve the issue without resorting to towing.

See [here](http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0715/Sections/0715.07.html) for rules about towing vehicles from private property in Florida.


Title: Quit job but company kept paying me for months. Went through system to pay them back, but now they never deposited the check. Case closed?

Question:
This is a followup to a post a few months ago where everyone gave incredible advice:
https://www.reddit.com/r/legaladvice/comments/5m0xdp/quit_job_but_they_kept_paying_me_for_months_now/

Again apologies if this is less legal and more HR, but it's been a mess and you guys were great support before.  Long story short, I quit my job (Houston TX, corporation with 7k employees) but they kept paying me a for several months, and eventually wanted the money back.  After a struggle they agreed for me to only payback what was deposited into my account (after taxes, insurance deductions, etc).  Sadly, it totally screwed up my 2016 & 2017 taxes.

I sent the check 3 months ago and received a receipt of payment.  I called HR last week and they said the file has been closed for months since payment was received and processed.

But they have not deposited the check after 3 months.

I've been able to avoid dipping into this $7k in my bank account

1. How long should I expect this check to remain unprocessed?

2. At what point do I take any action?

3. Someone before said they may not cash it and later file a new claim/collections against me.

Thanks again!

Answer: get something in writing from them that they consider the account paid in full and closed just to protect yourself from any future action.  but don't spend that money.


Title: Told I cannot break lease early

Question: Hi all, I pay ~$900/month rent in Chicago area with a lease that expires at the end of August.  I have a lower living cost opportunity and would like to break my lease early to do so, however, my leasing company says I cannot break the lease although it is not explicitly written out in the lease.  How should I proceed?

Answer: In general contracts do not need to include a "You can not break this contract" clause.  That is literally what a contract is , an agreement you can not break without some penalty. Answer #2: Does the lease have a clause that allows you to break the lease early?


Title: [NY] If someone else gets injured on a job site, am I at risk for not saying anything?

Question: A few months ago, I worked at a metal shop as an independent contractor , most of the other workers were independent as well. On site at an installation, one guy, "John", hurt his bicep (I'm assuming a torn muscle) and none of us on site told the higher-ups. "John" continued working there, i guess just stomaching any pain. I haven't worked there for three months but just got a call from one of the managers asking me if that day was the exact day that "John" hurt his arm. Am I at risk for never saying anything? I thought "John" was an idiot and the place was so poorly run that it would just blow over.

Answer:
 You should let the sup know that it was a job site injury. That way John can get the medical care that he's legally entitled to receive. If the tables were turned you'd want him to do the same, right?Answer #2: IANAL, but from my past experience as a supervisor who has seen people be injured and go through workers comp hopefully I can help.

What it seems like happened is that John hurt his arm, didn't say anything to his superiors. Now it seems like his arm is giving him problems and (I am assuming all of this) can no longer complete his duties as normal and is filing for workers comp and for health benefits.

Chances are the manager is trying to clear the air to see if John had actually hurt himself when/how/where he is now telling the managers he did. [Based on the NY workers comp laws](http://www.wcb.ny.gov/content/main/onthejob/OnTheJobInjury.jsp) it sounds like he didn't follow proper procedure for this.

From my personal experience, you, as a worker do not have to report this type of claim. This would be John's job.

If you were his supervisor/superior, you would be liable for not reporting it if you knew about it.

TL;DR I am NOT a lawyer, but from my experience you would not be liable for never saying anything.


Title: Can I take a hospital to small claims court?

Question:
New York:

I had a preventative surgery a couple months ago-- one that I confirmed in advance with my insurance company would be 100% covered. Lo and behold, I then get a bill from the hospital for $3000 (out of something like a $17k bill). I then re-confirm with the insurance company that it was supposed to be covered. I confirm and re-confirm with the insurance company and my doctor (who performed the surgery in the hospital) that all the paperwork was filled out and billed correctly, and that it should be 100% covered. The insurance company says that the hospital added additional charges (for things like using their room, supplies, etc. for the surgery) that were not coded correctly (to indicate that everything related back to the preventative, 100%-covered surgery) and that they need to re-submit the claim correctly so that the insurance company can pay it. The insurance company and I have both now requested that the hospital re-submit the claim about 4 times in the past 3.5 months (since the surgery). The hospital says they will, then they don't. The insurance company says there is nothing they can do if the hospital doesn't resubmit the claim.

If the hospital continues to ignore us and not resubmit the claim, I believe my only recourse is to take them to small claims court (and possibly to appeal the decision not to cover the incorrectly coded items with the insurance company, but I'm not sure that would work).

Is this feasible? What evidence would I need to take this to court? Do I need the hospital to admit that they incorrectly coded things? I'm at a loss, but there is no way in hell that I am paying this bill.

Answer:
 I couldn't quickly find anything that small claims courts in New York can order specific performance, meaning they can only order money be paid and not order someone to do an action.

You should file a complaint with the [New York Department of Health](https://www.health.ny.gov/facilities/hospital/complaint/complaint_form.htm) against the hospital.  In addition, you should schedule a time to meet with an administrator to speak about your case.

Ultimately, you might have to pay the bill, and once the issue is fixed, your insurance writes you a check to reimburse you for your costs.


Title: Sister pulled over while parked.(Vermont)

Question: [deleted]

Answer:
 Yes, a suspicious vehicle parked in a parking lot is enough for an officer to investigate.

She may have an "I wasn't driving" defense.Answer #2: >pulling her over just because shes parked

1:15 AM in a public parking lot ?  Plenty of reason to investigate a suspicious vehicle.   The cloud of alcohol vapors that poured out of the car created the probable cause to investigate for DUI.

Lying about her drinking is totally normal, as is failing all the FSTs and blowing a per-se DUI breathalyzer.   Garden-variety DUI, with no aggravating factors (no crash, no excessive BAC, no children, no priors).

Vermont has a [conventional DUI law](http://law.justia.com/codes/vermont/2012/title23/chapter13/section1201) regarding driving, attempting to drive, or being in actual physical control of a motor vehicle on a highway.

If the parking lot was proximate to the place where she'd been drinking, she might have a good argument that she had not placed the vehicle in motion and had no intention to do so.   But that's fact-dependent.

Vermont does not require ignition interlocks until the 2nd conviction, so that's nice.   She might just lose her license for a while and pay expensive insurance.


Title: Will this possibly put me in contempt of court? (LA)

Question:
Location is Louisiana.

My ex and I have a custody order for our 2 children. I have full physical custody and joint legal custody. I am the custodial parent (he has visitation with maybe 15-20 overnight days a year).

In our custody agreement, we agreed he would claim the youngest child as a dependent on taxes and I would claim the oldest. I filled out the form allowing him to claim the youngest (I mailed it late January which is when I found out it existed). I filed taxes with TurboTax where I did NOT claim my youngest as a dependent but did use the SSN towards the EIC. I was told that since I was the custodial parent that I would always get the EIC for both children and it was not something I could sign to allow my ex to get even if I wanted to. The EIC is not mentioned in our custody agreement, just claiming as a dependent.

My taxes were flagged for using the same SSN twice so I will be sending a physical copy and I'm sure we are both getting audited.

My question is not necessarily about filing the taxes, but whether I can be held in contempt if I use my youngest's SSN for the EIC while not claiming them as a dependent. Is filling out the tax form for my ex to claim them generally enough to fulfill my duty with my custody order? I would rather not claim the EIC for them if it would go against a court order.

TLDR; Does claiming a child for the EIC go against a court order for the other parent to claim them as a dependent?

Answer:
 Oh goodness you have made a mess of things. You might get a contempt order but it does seem like this was more confusion on your part than malicious act so I don't think it will be a big deal. Google Low income Tax Clinic Louisiana or Tax Payer Advocate and see if you can talk to a tax attorney. Did you have an attorney for the custody? You need to contact them aswell.

Did you get a refund originally? Have you spent it? You likely may have to give a portion back.


Title: Developer of my new house told me my cracked window was not a settling issue but that it was "shot with a bb gun or something"

Question:
I woke up a few weeks ago to find my large garden window basically shattered ([Image](https://imgur.com/a/mDYEs)).  I am still within my one year builder's warranty so they came out to take a look and said it looked like vandalism (someone shot it with a bb gun or threw a rock or something).  This didn't sound right to me because there wasn't any kind of impact mark on the outside (hard to tell from the picture), it just looked like the window cracked during settling.  They put me in touch with the company that would provide a replacement and they want to charge me around $500 with labor to replace it.

Basically I'm trying to find out what my options are.  Is there any type of third party that can review whose opinion the builder would have to reconsider for warranty purposes?  If I found any evidence would it be worth taking to small claims (I live in Georgia)?  Thanks for any help.

Answer:
 Given the location of the crack, it does in fact look like an impact caused it. If shifting cracked it, I’d expect the point to start nearer to a corner, where there is he most stress (which is why airplane windows are rounded). Also, I’d expect to see cracks in the walls nearby.

Get it replaced, ask the vendor’s opinion as a second opinion.

Edit: another option could be thermal stress, so ask about that as well. Thermal stress may or may not be covered depending on what caused the stress and the terms of your warranty; and would possibly fall under the window’s warranty. Consider asking the builder for the window’s warranty information and pursue through the window manufacturer.Answer #2: Looks like there's an impact in the middle left.

Settling to the point that would bow and shatter a window like that would be causing **many** more issues in your home. You'd have doors that wouldn't open, cracks all over, maybe leaks. Answer #3: If it's from settling, you have bigger issues than a window.  I would assume you'd have cracks in sheetrock all over the place if it was settling.


Title: Father of sisters child violates child visitation orders [CO]

Question: My sister and my nephews father for a court ordered custody agreement 2 years ago. The father gets to see my nephew a few weeks every year (sister lives in another state). Each one of them is required to bring my nephew to the other parent. However, every time the father keeps him a few days to a week longer than the court order allow him. He was supposed to be returned to my sister 2 days ago, and he didn't inform her that he will be bringing him back tomorrow, 3 days late. He claims there were no flights, however a simple Google search reveals that there are dozens of flights. She attempted to contact the police and They refuse to do anything, claiming that he let her know that he won't be bringing my nephew back on time. What can be done? My sister is now losing christmas with her son because her asshole baby daddy decides he is entitled to more time. The father is also 4000 dollars behind on child support and the courts refuse to even suspend his license.

Answer: She'll need to retain a lawyer and take him to court to let the judge know he's not following the custody order.Answer #2: I think she can go for a court ordered modification requiring that “receiving parent picks up.” That means he flies out to get the kid at the beginning of visitation (if he comes early she can just say nope, you can have him in 2-3 days like our order says). That would mean she is the one to fly out and get the kid at the end of visitation. It’s still possible he could try to withhold the kid even if your sister is knocking at his door, but that one is going to be waaaay harder to explain away to police and judges because he can’t use BS excuses about flights. Answer #3: She ~~can't~~ CAN take her ex to court to modify the agreement and ask that the court find him in contempt.  A lawyer will be able to guide her to realistic solutions based on the local judge's attitudes. E.g perhaps only modifying swapping to pickups rather than drop-offs. So Ex pick-up when his time starts and Sis picks up when her time starts.


Title: [CA] Camp director is forcing us to eat scout-cooked hot dogs.

Question:
I work at a boy scout camp in the sierra national forest in california. My camp director just announced that the majority of staff would not be allowed to eat the food prepared by the kitchen staff, and instead, for wednesday lunch would be eating the food prepared by the scouts. I don't trust the scouts to not give me food poisoning. Is there a law in california that says employers must offer food that has been prepared by a licensed professional? We don't have any other options to eat, it is either the dining hall, or starve.

I don't know if the sierra national forest thing matters, but I included it just in case

Answer:
 Hot dogs are precooked; you can eat them out of the package.Answer #2: Rather than eat a precooked hot dog warmed up by kids, you could forage for food in the forest and teach the kids a valuable survival skill. Answer #3: Uhm. Hotdogs area already cooked. Scouts are reheating them.

Unless you have a contract that specifies you get to choose what you eat, likely not. They are providing food. You can choose not to eat itAnswer #4: You're paranoid. I cooked as a boy scout and we didn't poison any one. Answer #5: They aren't forcefeeding you. You are free to not eat it and go get food somewhere else.


Title: Doctor Sent Me a Patient’s File

Question:
I posted this is another sub, but just realized it fits better here.

I’m an office manager for a type of company that’s kind of irrelevant. It’s an independent, family run business. We do work for companies and we’re supposed to get a signed proposal from them. It’s meant to be a legal obligation to pay us.
We had work scheduled for a doctor’s office. I hounded and hounded him to send us a signed proposal, but he kept putting it off. Finally, at the last second, an employee emailed us saying the signed proposal was attached.
The signed proposal was not attached. What was a attached was an 18 page document that was, what I assume, was a patient’s file. The first few sentences stated “so-and-so is a whatever aged female who expressed experiencing HIP PAIN” and I immediately closed the file.
We never received the signed proposal and my boss made us move forward with the work anyway.
Is this a HIPAA violation? And can we use this against him if he ends up refusing to pay us?

Answer:
 This is a relatively minor HIPAA breach (in terms of scale and impact). You should let the doctor know it happened. You can report it to HHS if you like.

No. You can’t use it to your advantage.


Title: I have a perfect driving record but I'm now facing 7 points. Is it worth hiring an attorney?

Question: (NJ) I got pulled over for going 51 in a 30. I was speaking on my phone but it was on speaker sitting in my lap untouched and unseen by the cop. When the cop asked me why I thought I was pulled over I made the mistake of saying "uhh talking on the cellphone?". Turns out he pulled me over for speeding but also gave me a summons for cell phone use since I admitted it. Is it worth hiring a lawyer to fight this? Im currently facing up to $800 in fines and 7 points. Any advice is appreciated.

Answer:
 > When the cop asked me why I thought I was pulled over I made the mistake of saying "uhh talking on the cellphone?"

You learned an important lesson!  When cops ask you "what's up?" don't say "aw, you know, breaking the law and shit."

You should get a lawyer.


Title: If Batman were real, how much jail time would he be looking at?

Question:
I know it's a dumb question, but I'm home alone with my baby daughter, and bored, so I wanted to see what any lawyers would have to say.

I'm in Illinois

Answer: When I watch those movies I cringe for the traffic officer that has the write the report.  I suppose hit and run times ten thousand. Probably some assault charges depending on the citizens arrest rules of Gotham's state.  Unlawful detention. Criminal threats. To name a few.Answer #2: None? Let's be real here: he's a billionaire celebrity vigilante, arguably operating with the consent of the police department.


Title: Boss/Father trying to hookup on craigslist's W4M with company email. Quitting and hostile workplace?

Question:
I work for my fathers Texas based industrial supply company. It is only him and me at this point and therefore have no HR to conference with. Also, there is no formal employment contract or company policies to outline expected conduct. Couple things:

Since approximately Dec of this year up until July 3rd, Dad has been communicating with people on the personals, W4M, section of Craigslist with the sole work email account. This started shortly after I updated the old email to gmail and set up our phones to the work account. He knows fully that I have access to all the emails and use it regularly. He has included photos in a couple that identify him but are not obscene. I have saved screenshots of all the emails and have backups. Though he does not explicitly say he is looking for sex, I believe the intention is clear as all the times are only when he's alone and the emails include insinuations. He and my mother are still together and It is unclear if this is infidelity. It came out through the emails that he caught her in an affair years ago, but they remained together. Regardless to her position on the matter, I do find this conduct offensive and am very uncomfortable in the position it has put me.

Also, he has made offensive jokes about homosexuality on several occasions. I have lived with a homosexual couple for almost 2 years and he has been fully aware of my house mates. The jokes have been: I was homosexual, that my homosexual roommates have made me homosexual, and joked that there are no homosexuals in Texas during a sensitivity training. (He works a night but bragged about this joke the next day) I do keep in touch with a former employee that was present and has agreed to confirm that they happened. I'm trying to get a written statement this week - do I even need one?

I am currently looking for a new job but haven't found one yet. I just started a summer class and am slated to finish my degree this December and would rather not have to deal with him as well. I plan on quitting next week but worry that he will act spitefully. He has cosigned on my truck while I ensure and make all payments. Furthermore, both parents have agreed to pay for my bachelors degree and I worry that he will stop paying for classes and potentially want the truck. I want to walk away from this whole situation, but would like to know any options if he reacts poorly. Worst case scenario, could I have a hostile workplace lawsuit?

Answer:
 Hostile workplace suit?  Incredibly doubtful.  You said it's only you two that are employed by the company.  EEOC laws won't even apply unless there is some exception that I am forgetting about.

If he only cosigned your truck and isn't on the title, then he can't take your truck.  But he can stop paying for your degree.


Title: Friend is being intimidated by ex husband, he is also going after her pension / child support. Police aren't doing anything and he seems to be getting away with everything.

Question: [deleted]

Answer: Is the no contact order still active? Are they divorced?


Title: [US, CA] Will I get evicted and/or recompensed if the room I'm renting does not meet code?

Question:
Posting here since I don't know where else to ask.

I am living in a very illegally built room in a home that the landlord rents out to college students. What I mean is that the walls are not really real, no window, and was built days before I showed up to the house. Positive it is not in the floor plan. Anyhow, I rented it anyway since it was insanely cheap and conveniently located near the school and shopping, etc.

That was last year. Here i am this school year, renting it again since its my last year of school, still very cheap and convenient, and just want to get by. But, this year I have new housemates who have noticed my very illegal room as well as a number of other code and floor plan violations. They called an inspector and are about to get the house inspected in order to file a lawsuit against such violations. This was after many times of talking to the landlord about the violations with no clear response or answer. Just shrugs off the questions.

Now, here I am, very content with renting a sub-legal room. What should I expect to happen when the inspector comes and in the following weeks?

Will I be evicted? The room is VERY illegal. Noticeably so.

Will I be able to join in the suit against the landlord or have I somehow given consent by living in the room in the first place?

I'm at a total loss.. I'd anyone can help I would appreciate it so much.

Answer:
 >Will I be evicted?

It's possible, but more likely you'll have to move out if the place is deemed 'uninhabitable'. (Because it's not fit for human habitation)

Then, the LL would be obligated to put you up somewhere while you continue to pay rent (unless there is a lease clause, and there usually is, dealing with uninhabitability and an automatic termination due to that cause)

>Will I be able to join in the suit against the landlord

You'd have to file a separate suit, your interest and their interests are different, not only that but why would you want to split any award you get with these other folks?


Title: [USA:NC]A personal loan company changed the amount of my auto-draft without my consent

Question:
I got a personal loan from a national company quite a few years ago to consolidate some credit cards. When the loan was set up we agreed on $144 a month to be auto-drafted out of my checking account. A few months ago, they started saying that I had late fees. I looked at the statements and they are now saying that I should be paying $153 a month. They were still only drafting $144 so that $9 a month was not getting paid.

I called and asked why the amount changed since I can't charge anything new on this account and it is automatically paid. They said it just did, no other explanation.

Before I could follow up on this I ended up in the hospital for a while and then had the holidays and forgot about the issue.

I just had $153 drafted from my account. It has been $144 for over 5 years and I never authorized them to change the amount being drafted.

Is this legal? Can they change the amount of an agreed upon amount without consent? They balance can't go up since I can't charge on this account and the payment is pulled automatically.

A little more info. When I got the loan, the company was under a different name, I think they have been bought out 2 or 3 times since I got the loan.

Answer:
 Someone who works with billing services, not legal. May be relevant still

Are there monthly statements made available before the amount is drafted? Some kind of mailed or emailed or posted to a website bill that shows you how much is due monthly?


Title: Is it legal for my parents to cut the power to my room?

Question: Okay, so I’m 15 and live in California with my parents. Literally just a few minutes ago they cut the power to my room without any warning and to be honest, I don’t really know why. My outlets still work and I’ve got a desk lamp along with a window for light, so it’s not that big of a deal in my opinion, but I’m kind of questioning the legality of it all. So just out of curiosity, is it legal?

Answer: If your outlets work, in what way is the power cut?


Title: WIX a build your own website company just purchased Deviant Art. As a reason for the purchase does Deviant Arts TOS especially part 16 allow WIX to use Deviant Art works and offer them to website builders like as a template theme or stock art without having to pay the artist?

Answer:
 No, they're pretty clear about the fact that you retain copyright. 16 is about them being able to display works submitted, and about the fact that in the process of displaying works that have been submitted, there's nothing preventing other people from downloading stuff themselves, uploading it to other sites, etc. They can't prevent other people from downloading art submitted, and they're not really going to try.

But Deviantart's license to use the works submitted is very much so limited, as they say, "For the sole purpose of enabling us to make your Content available through the Service"; displaying stuff, making thumbnails, featuring it if they think it's great, etc. It doesn't grant them any authority to extend such a license to a third party.

[The TOS for anyone else who wants to have a look.](https://about.deviantart.com/policy/service/)


Title: I cant get rid of a car

Question: I stupidly bought a dirt cheap used car from a random methhead i cant get a hold of. It broke down and i dont want to fix it.  My name is not on the title or pinkslip and i need a bill of sale to junk it. Im willing to just give this car away at this point. What can i do to get rid of it?

Answer: I wonder if it’s the car I gave a crackhead a couple months ago. Scion Xa?Answer #2: [This](https://www.quora.com/How-do-I-obtain-legal-title-in-California-for-a-vehicle-that-was-abandoned-2-years-ago-on-a-friend%E2%80%99s-property) might help but best bet would be to go talk to your local DMV. If you do go the lien route it might take a while but you will eventually have a full clean title and can sell the vehicle to a local auto scrapping yard for a few hundred bucks at least.


Title: [Colorado] Customer wants refund on waitress tips, employer deducts $300+ from waitress pay

Question:
My girlfriend works at a small restaurant in Boulder, Colorado. Roughly 3 weeks ago she had a large table, lots of food, drinks, the works. As with most places, they charged a forced gratuity for such a large group, but still allow the patrons to tip on top of this, which they did. This additional tip was around $375, which made for an incredible day and helped us greatly keep up with rent.
Today, we found out today that this group claimed to be unaware of the forced gratuity, and demanded a refund for their additional tip. However, the managers are requesting that this money be returned by the waitress, which as you can imagine is rather difficult to just fork over. Is this something the business can enforce, or are they legally expected to pay it themselves? Any help is appreciated.

Answer:
 You are sleezy if you don’t warn the customer that tip was included

Source: former wait staffAnswer #2: In my State, once you’ve signed something, the law assumes that you have read it in it’s entirety and agree to it. The customer would not have a leg to stand on with the restaurant. The issue between the restaurant and the server would depend on their employment agreement. Since they asked and did not demand the server return the money, it’s unlikely that they have recourse to collect other than the threat of termination.

There are a lot of other moral angles that can discussed here.  I think it all boils down to this. The restaurant is probably likely to refund the money for PR purposes and because they’re almost certainly money ahead on the large check regardless. So what OP should do probably depends on how much OP would like to keep their job. Keep the money and OP is possibly or even likely fired. Give it back or negotiate some repayment arrangement and OP probably keeps the job.

What OP should be careful of is giving it back and being fired anyway. The likelihood of that probably depends on the employers initial reaction and whether they were more sympathetic with the customer or server.
Answer #3: Kind of bad waitress service not to tell me these is gratuity already.

You got 300+375=675 and asking why you have to return 300? You don’t have to return legally because you didn’t agree but personally I would fire you as business owner.


Title: Does the city have a right to enter my yard?

Question:
Here's what happened - this morning I'm making my coffee and hear a weed eater running. I see that they are weed eating the corner of my front yard. There are some large boulders there and I can't mow in that little spot. I figured it was no big deal, they are just out doing some spot work for the city. It's a city truck and mowing crew. I see them getting a mower off the trailer and they start mowing the area between the sidewalk and street (city propery) it was about 4-5 inches high, (about half as high as my neighbors grass). I think it's a little stupid, but I ignore it. I hear the weed eater get very loud, look out my window and they are in my yard (which is fenced in). I opened the window and asked them what was going on and they stated they had an order to cut my grass because it was long. I received absolutely no notice and the grass was not very long. I asked them to not enter my backyard. They were polite about it and left.

I called the city and was told that there was a mayors order that someone was sent around to make a list, and then the list was handed out to cut the yards of those on the list. She told me I shouldn't care because it was a free grass mowing.
I told the receptionist that I don't care about that. They never knocked on my door or called me or sent me any letter.
My issue is that I have two dogs, they will run out the fence if it is open. What if my dog bit one of them or worse - ran into the road and got hit. She said that's a risk they have to take, they were just doing their job. Not to mention this shit was going on at 8am.

Does the city have a right to come on my property without notice?

Answer: What's your location? Reason I am asking is, while I do not think city has the right to enter your yard, other than asking them to leave and them them leaving, not sure what you can do about it. People have a right to enter your yard, the people were under orders of the Mayor. Your issue with the dog really hinges on rules of your local. Some places place the onus on watching an animal even fenced on the owner especially in a situation where someone would have to enter your fenced yard to reach your front door in normal course.


Title: Ticketed but my name is misspelled

Question:
Hey everyone,

So about a year ago I was skateboarding on my uni campus with my friend. A cop pulled up and just started being a dick so I was being one right back and he ticketed us, although it is in fact legal to skate on campus.

He said he knew we’d be innocent if we bothered to take it to court, however we never got anything in the mail until today. Now it says we failed to show up in court after signing our ticket, however when I saw it my middle name is misspelled.

Thus when I search my drivers license number in the registrar for tickets nothing pops up, but my first and last name yes. My friend they got his name correct but his ticket shows up when he searches by license number.

Am I in the clear?

Answer:
 You are definitely not in the clear... Did the original ticket have a court date on it?

Clerical errors, such as misspelled names, are easily fixed in court. If there was no court date specified in the ticket and it resulted in you not receiving the proper notification, you may be able to go in front of a judge and re-argue the ticket.


Title: Little autistic sister came home with her refillable water bottle full of water with salt (CA)

Question:
What can I do, she is 5 years old and we assume it was the special-ed teachers. She drinks a lot of water and has recently been scared to drink out of her yellow water bottle, so I tried the water from it when she got back from school because she wanted water but would not drink from it and it was extremely salty. Teacher is making up some excuses such as maybe it was someone at home (it's only me, her, and my mother), or maybe our tap water (we DO NOT drink from the tap), or maybe that the store we got it from had it tampered. Even tried saying maybe there's too much chlorine (salt water and chlorinated water do NOT taste the same), she was trying to pull shit out of her ass at that point. In my opinion it was one of the teachers that got sick of her peeing so much (she wears diapers) so I think they put salt in the water so that she would not drink from it. Now it's impossible to get her to drink from her water bottle and will only drink from new plastic water bottles such as life water. We already tried to file a report, but the principle was not there so I don't know if that's enough or what it is we can do. Calling the district was a failure, they just said that the principle is in a meeting and would call her teacher tomorrow in the morning, but I'm scared about anything happening to my little sister (not drastic but still) if we choose to send her back to school tomorrow.

Edit: I'm only assuming it's salt, it could be anything else, who knows, I'm testing the water to make sure it wasn't anything like borax by checking the PH later.

Answer:
 I understand your frustration but all you have is circumstantial evidence. Even if it was one of the teachers, could you say exactly who? Do you think they would conspire together? Theres just no reason to make accusations when all you have is assumptions.

What we do have is very problematic. Someone tampered with a childs water turning it dangerous. Regardless who did it, its clear procedures need to be put in place. Lets say it was some student thinking it was a prank and not a teacher. That is still a HUGE problem.

I would draft a letter to principle and whoever is in charge of such accommodations asking for a emergency meeting to brainstorm a procedure to make sure no childs consumables are being tampered with. Don't look for a single problem, the big problem is that it could happen not that it did.


Title: [Illinois] Can an employer, when facing a legitimate need for layoffs, choose only to lay off union workers?

Question:
Labor Day barbecue conversation turned to the prospects for the "right to work" law in Missouri, and my blustery step-brother-in-law said that being in a union carried its own risks.

He said that when the economic downturn hit, his boss had to make layoffs, and chose to lay off only those workers who belonged to a union.  The specific field was construction / remodeling / decorating.

I don't know any more details than that, and am not in any way a party to any lawsuit, nor do I know anyone involved aside from the step-brother-in-law.  And it was six years ago.  At the time, said step-brother-in-law was a (non-union) worker, though now he is in management at the same company (and has hiring/firing as part of his job duties).  Though the conversation occurred in Missouri, the location of the business is Illinois.

Answer: if your union does not have a unions last, by seniority provision in your contract, they are dramatically more useless than mine, which is impressive.


Title: My ex posts videos of her smoking weed in Texas. Can I use this to get her to lose custody of the kids?

Answer: Since you have declined to give details, consult your lawyer.


Title: Very incompetent contractor threatening to take us to court. She claims a signed receipt is a contract.

Question:
This contractor failed do to the job on time. She took a week to just tear down the area she was supposed to be finished with in 3 days. We paid her a lot of money to do nothing. We have a video and sound recording of her subcontractors talking about how they don't know how to do the  job and they're unlicensed, they have no permits. We fired her, and now she's threatening to take us to court for "breaching the contract", which doesn't exist because it's just a signed receipt. She came to our house to retrieve her tools, then stayed in the driveway for 20 minutes when she was supposed to leave. We called the police to report trespassing, but she left before the police came.

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We only have her name and phone number, not her address. She has no license # or company name. What can we do?

Answer:
 > What can we do?

Start by understanding that you probably DO have a contract.

And this sub is for hypotheticals.


Title: My wife wants a divorce. Can she keep it all!?

Question: My wife decided she wants a divorce less then two years after our marriage and less then three months after moving into our new home. I moved to her home state of Vemont from California less then a year ago. Her parents gave us a gift of 20 thousand dollars for closing costs and house expenses. My sole income got us into this house we both signed on the house. I have no family here and I feel used. We are going to couples counseling but it dosen't look good. She is already talking about meeting new people. She can go back to her lovely parents and I can pay them back the money they gifted us if necessary through time, or  Equity im not sure how this works. We also have a 3 year old named rocco. What are my chances on keeping the house?

Answer:
 > She can go back to her lovely parents and I can pay them back the money they gifted us if necessary through time

One of the nice things about a gift is that you don't have to give it back.

> What are my chances on keeping the house?

Divorce in Vermont follows equitable division rules, making it hard to predict just how your assets will ultimately be divided. Odds are better that you can keep the house if you have other assets that could cover your wife's share of your marital estate, or if the situational elements mean that you are entitled to a larger-than-usual share, or if you're staying in the home to raise Rocco. Odds are worse if your house is the only major asset - it's more likely that you'll have to sell and split the value in that case.

Get a referral to a local divorce attorney, regardless. Going through a divorce with kids and property involved, without a professional, is likely to be more expensive than your lawyer is.


Question: Why would anyone want to represent themselves in court? If you aren't a lawyer or familiar with the law yourself, then it seems obvious to me that you would want a lawyer to help you navigate the legal system. And even if you are a lawyer, isn't an extra mind and body almost certainly going to be of some assistance? What's the deal, man?

Answer:
 Cause attorneys are expensive, people are arrogant and dumb, and courts will treat a person acting pro se with much more leeway in general.

Law libraries do give the public access to free legal resources fyi.


Title: Legal defense of bicycle

Question: I have recently bought a new bicycle and decked it out pretty heavily. I am looking to use it to explore my city. Unfortunately, living in Chicago there are riskier areas scattered throughout that can be difficult to avoid and I know having such a nice bike is likely to make me a target, even if I am currently riding it. How can I legally defend my property in the incident that someone is to attempt a theft? I'm not interested in any sort of firearms, but to what extent can I booby trap or even detonate my bicycle were it ripped directly from me and taken away as I watched?

Answer:
 > How can I legally defend my property in the incident that someone is to attempt a theft?

Press down on one pedal, and then the other, repeating as necessary until the hazard is far behind you.

The extent to which you can trap your bike to injure thieves is zero. Any injuries - to thieves or to innocent people - will be your liability and may well result in charges. Even the existence of a dangerous trap is a legal risk for you.

As u/TheCatGuardian says, if you own something valuable, you would be well served to insure it. If you can't afford to replace it, then you may eventually have to make peace with not having it any more for reasons outside of your control.Answer #2: You cannot booby trap or detonate the bicycle in any way.

You can use reasonable force to defend your property although you would be better off to get insurnace that covers the bike in case of theft and not risk a physical altercation with someone who may be carrying a weapon. Answer #3: I feel like nobody in this thread is giving you real advice for the situation you're describing, but there's a couple of relatively easy steps you can take:

1) Delete this post

2) Move back to the suburbs


Title: Cop cut me a break, for speeding? should I still fight it?

Question:
Hi everyone,
I was driving in Michigan and one night I was a little "over zealous" with the pedal. I get pulled over and officer  says I was doing 52 In a 35 (which is 100% true). I sweet talk the officer a bit and she ends up ticketing me for going 5 miles over the speed limit but marks my speed as 52 in a 35 on the ticket as well. Do you think it's a prudent idea to fight the ticket and try to get the fine reduced or to count my blessing and just plead guilty?

Answer:
 You should see if there are any diversionary programs in your area. Otherwise I leave you with this information to do with what you will:

It is almost certainly possible for the officer and prosecutor to drop and re-issue your citation for the full 17 over.


Title: Using my US driver's license in Ontario

Question: I'm moving to Ontario, Canada to go to school. Do I need to get an International Driving Permit (IDP) to be able to convert my license? I'm going to be there for more than 3 months, do I need an IDP to drive there?

Answer:
 Ontario has reciprocity agreements of one form or another with nearly all US states, so you probably won't need an IDP.

A word of warning, though: If you commit an offense here, you will have a DL number issued to you here and demerits will be applied to that license. If that license is suspended, your privilege to drive here, in Quebec and possibly other places - perhaps even your home jurisdiction - may be suspended along with it. Come visit, just please behave :)


Title: Can't figure out what this language from Divorce Decree regarding Health Insurance means. Please Help! [Georgia, USA]

Question:
So the line in question is:

*Husband shall provide major medical, hospitalization, dental and vision insurance for the minor children with benefits that are equal to or greater than those benefits which were in existence at the time this action was filed.*

The divorce decree stipulates that we split uncovered medical expenses 50/50 but my ex is using this language to pay less because my deductible has gone up. She believes she should apply the deductible from when got divorced, not my current one. I understood this language to mean I can't reduce the kids coverage or move them to a plan which could save me money but impact their options for care or choice of provider. So I thought it protected them from reduced coverage, not her from increased expenses. Any input would be appreciated.

thanks

Topic:
Custody Divorce and Family

Answer:
 The divorce decree requires that you provide them with coverage *the same or better as when you were divorced*.  If the deductible went up, then you're not providing the *same or better* coverage.

You are responsible for the increased deductible, not her.

If the situation was totally out of your control you can try to get the court to modify the judgement.  I don't know what your odds would be of getting the judgement modified.


Title: [Florida] My sister got a ticket for doing 27 in a 25. Should she fight it?

Question:
My sister was driving through a very wealthy little town in Central Florida when she was pulled over for doing two miles over the speed limit.  (This town's police are known for being particularly bad with tickets; there is next to no crime there and the police have nothing else to do.)  Her and the officer got into a bit of an argument over the reason he stopped her, and he proceeded to write her a ticket for failing to obey a traffic control device ($160, I think). He also mentioned that he might not have, had it not been for her attitude.

I told a friend of mine who is a sheriff's deputy, and he told me that this was the stupidest thing he has ever heard.  He said that she couldn't have been given a speeding ticket, because the lowest ticket is 6 to 10 mph over.

I've gone to court for tickets before and plead "no contest" to avoid the points.  She'll at least do this, but should she consider fighting it? Does she have a case?  She technically was not obeying the traffic control device, but my deputy friends has been working for 15 years and swears he has never even heard of that citation being issued for doing less than five over.  (He said that it *is* often given in lieu of a speeding ticket, but only to sort of cut the driver a break, as the speeding ticket would cost more.)
Topic:
Traffic and Parking

Answer:
 You can get a citation for 1 to 5 MPH over, according to [Florida Statutes Section 318.18](http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0300-0399/0318/Sections/0318.18.html).   Those citations are warnings, and do not carry a fine.

But from your story she was not cited for speeding, but rather for another traffic violation.    Was the "traffic control device" a speed limit sign, or something else like a stop sign or a yield sign ?

Your deputy buddy's experience and his agency's policies are irrelevant.

Your sister can make her own decision on whether she wants to burn a nolo contendere on this citation, based on her current driving status.

I personally have been cited for 26 in a 25 MPH zone, on a five-lane central arterial, because that's how things go in some towns.   I paid it, because that's how things go in small towns.


Title: Why is Alex Jones allowed to say anti-government things on the radio?

Question: [removed]

Answer: Are you not aware that it is legal to criticize the government in America, that it is guaranteed by the first amendment, and that it is one of the most fundamental constitutional protections?


Title: [NC] My checking account was compromised this week, with an unauthorized transaction being made at a major flower delivery company. I was able to obtain the order and delivery information from said company. Who should I go to with the information I have?

Question:
Hey /r/legaladvice, my bank account was recently compromised, with a total of $480 dollars spent on unauthorized transactions. I was able to contact one of the retailers involved, a major flower delivery company, which provided me information about the order on which my money was used without my knowledge or consent. I have the name of the person who made the purchase, as well as the name and address of the recipient.

I'm still incredibly upset about the whole situation. I have already cancelled the debit card, updated my bank information, and postponed the rent check that was supposed to clear that same day. I just filed transaction disputes at my credit union earlier today.

My major question is who should I approach with this? I was planning on visiting my university's free legal aid center on Monday, in addition to filing a police report. However, from what I've read in the past, police departments don't usually pursue these sorts of claims. It also complicates matters that the purchaser and recipient of the flowers are both located in New York.

Thanks in advance for any help, I'll be reading this thread for most of the night.

Answer: You need to file the police report- that's about all you can do legally. You can provide the information you got from the flower company. This is a good reason to use a credit card as it has much better fraud protections than checks/debt cards.


Title: [CA] Can a loan be discharged due to mania and same day psych-hold?

Question:
My adult Bi-Polar brother signed up for a high interest loan online yesterday with Rise while experiencing mania. The same day he was placed on a 5150 hold. Thankfully he’s admitted and will now get treatment.

He was placed on a 5150 hold because he’s not of sound mind, and is a danger to himself and others. To me this means he’s not in the right mind to make financial decisions, though I don’t know if any of that matters in a legal sense. Is there any legal basis to have a loan invalided based on mania and a same day psych commitment?

Any help would be appreciated, even if the answer is just that this is yet another mess he created while manic that he must clean up later.

Thank you!

Answer: it's possible, but not exactly a simple process.  i would recommend a lawyer for this one.  you'd have to prove mental incompetence at the time of contract.  just being bipolar and being committed the same day doesn't necessarily prove that.  but there's still the matter of the money.


Title: Separation, possible divorce... need advice

Question:
Dear Reddit, I’ve been married for over 10 years. My husband keeps his bank account, investment account and everything money related separate from me. I never had an access to any of it. He always wanted me to spend “my own money”. Our marriage has issues and I’m planning to separate. Temporarily at this point to figure out whether or not we can still be together. I’m worried that if I tell him about moving out he might hide or spend his money or send them to his relatives as a “gift” or something else. Please advise what should I do in this situation. Thank you. My location: Encinitas, California.

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Answer:
 Consult an attorney before you move out.

As you probably know, money earned during the marriage is community property, so you’ll want an attorney to advise you specifically how to protect your share.


Title: My father has been tracking my car’s location for 6 months without my knowledge

Question:
The title speaks for itself but here’s some context:

-I’m 19 y/o and I am a college student.

-I’m the only male and the oldest amongst 5 siblings.

-My only income is my father’s allowance; you basically cannot work without a degree or experience where I live, and it’s also sort of a tradition that the parents keep providing income to their children until marriage.

Now I completely understand that my father is concerned about me and wants me to be safe all the time since I’m the oldest and his only son, but to a degree that he installs a GPS tracker in my car to know where exactly do I go for 6 straight months without my knowledge?

Now whether that was legal or not, I’m definitely not going to take any action. But I’m just curious, is what my father doing considered illegal?

Answer: He can track his own car.


Title: HELP Landlord is Ruining My Dads life.

Question:
I don't know where to begin...

My father owns a local grocery market. A couple years back say 4 years ago, my fathers commercial lease had a option for 15 year lease extension. However, at the time my father had a heart attack  and missed the time to renew the option. However, the landlord was smart and he realized that it wouldn't fly so he "generously" offered my father 2 ,5  year extensions while he  was recovering. Thus cutting out 5 years.

Now some background. This landlord has been trying to buy our business since forever he has even offered to buy the business quite a few times. He also has partners in the  grocery market business.

Fast forward to today, my dad's deteriorating medical condition is getting worse and he can't run the business. With the minimum wage rising and prices of products business is bad. But they have  quite a few buyers. We have been trying to sell this business now for 2 years. But the landlord is a slease  and wants to buy it for chump change, half the value.

The problem is no buyer will buy the business with only 6 years left. So we need a lease extension. Landlord says " why would I give you a lease extension , If I can walk in and take over your business in 6 years."

He's a slease and he's worth 100 million. He has demanded essentially 500k for the lease extension. 250k upfront and 250 over course of 10 years, not to mention a raise in the current rent as well.

He knows my dad is stuck and we don't know what to do. Everyday his lawyers sends us 10 day notices and eviction notices because we haven't complied with some lease term. He is playing  games and my dad is burned out and wants to walk away but this is all he has.

I need to know what to do or where to start....before this man takes away my family business.

Answer: That doesn't make him sleazy, it's just business dude. Either sell to him or close up the business in six years. He's not obligated to give you an extension. Answer #2: Your dad made the choice to sign that lease. The LL doesn't have to extend it. He may be sleazy but he isn't breaking any laws.


Title: Getting an expert for dui

Question:
I blew way below the legal limit BAC 0.03 but got a dui ticket because the officer believes I was intoxicated because I had spurred speech and confused on the discovery.
However,  I had just been in an accident and the air bags had hit me. Using an expert during the trial can it help?
New York

Answer: You really need a criminal defense attorney. They will have access to people with skills like that. Answer #2: You don't have to be drunk to be driving under the influence of something.


Title: Proper thing to do after a car accident [TX]

Question:
I was in a car accident last Wednesday. I was 100% at fault. It was dark, raining, and I thought I had more room that I did pulling up behind someone the the exit of a parking lot. I was going maybe 2 miles an hour, neither of us were hurt, I didn’t even know if I had hit him at first.

There was no damage at all to my car, but damage to the after-market rear spoiler on his car. We exchanged licenses, insurance, phone numbers, and took pictures. We live in Houston and the cops are notorious for not coming if it’s just a fender bender, we mutually agreed we didn’t need to call 911. His dad came and mentioned they would want to settle it out of insurance if possible (because of how minimal the damage is) and that he would be taking it to the dealership. I told him that my in-laws would be taking care of it, that theyre the primary on our insurance and it would be up to them what we do, but I know their preferred route would be to settle outside of insurance as well.

Two days later, he texts me an incomplete quote to the tune of $1200. I show the quote to my in-laws and they had me text him requesting 3 separate quotes, then we would make our determination. The driver’s father then called us, very irate, saying they didn’t have time for this and we should just call our insurance. My mother in law took the phone, said “we are trying to be good stewards of our money, I understand accidents are inconvenient, but I need you to understand I can’t write a blank check based on an incomplete work order. If you would like to go through insurance, you’re more than welcome to contact your insurance company, you have our policy information. We would still like to settle this outside of insurance but if that makes you uncomfortable or you are displeased with what we requested, that’s up to you.” The driver’s father ended the call requesting we contact our insurance about the accident.

Once they got off the phone, my mother in law instructed me to wait it out and see if we get a call from our agent, that they may still go get two more estimates (though the father was clear he was very unhappy with that request).

I’m nervous that the driver and his father will think we are trying to swindle them or get out of paying. I’m not sure if waiting for him is the proper way to proceed, would just like some advice.

Answer: It sounds like he's trying to make money off of it if he sent you an incomplete invoice and won't go to two other reputable mechanics. You can always contact your insurance ahead of time and give them a heads up.


Title: Can my employer keep me from smoking marijuana despite having a prescription for it?

Question:
So, a little back story here, I work for a company that has always had a zero tolerance policy for marijuana. It's not necessarily the company that has the issue with it, it's our clients who won't allow it. It's a safety issue, we do construction work, I get it. Before legalization (This is in Canada) I totally understood and had no real issue with it. Now it is legal but there hasn't been a change to their policy, apparently because there is no way to test impairment. Understandable, fine, whatever, still don't really care.

Shortly before legalization I went back to school for my last level of my apprenticeship. 3 months with no possible drug tests, you bet your ass I was trying legal weed. I had never tried it before because I'm a good boy who always follows the rules and never has any fun ever. What I discovered was that I've been fairly anxious 100% of the time since I was about 12 years old and had no idea. The pot made me feel normal for days afterwards and I couldn't believe it. I was able to pay attention in school and had by far the easiest year yet. There was no way I was going back to work without it, the difference was just unreal.

I started the process of getting a prescription pretty much right away because I knew my employers policy hadn't changed, and that they had told another employee previously that it was allowed as long as you have a prescription. That all went smoothly and now I'm a medical marijuana user, and feeling pretty fucking pleasant because of it.

I finished up my school last week and went in to talk to my boss about going back to work today. I mentioned to him that I had gotten a prescription while I was in school and brought a copy along with me for their records if they needed it, but I hadn't ordered any weed yet just in case it still wasn't ok. He told me that it wasn't. I asked if the prescription changes anything and he told me that it doesn't. He said that it's a safety issue and that our clients still aren't allowing it. Ok, super lame. I never pressed the issue too much because I really don't want to get on to his bad side since he's always been good to me.

I don't want to raise too much of a stink over this because it's just not really worth it, but does my employer get to tell me that I can't smoke pot, despite having a prescription for it? As of right now I've stopped and don't have any intention of starting again because it's not worth losing my job over.

TL;DR: I have a marijuana prescription. It makes me happy. The company I work for has a zero tolerance policy and my boss says that a prescription doesn't change anything, which makes me unhappy. Can an employer tell me I can't use my prescription?

Answer:
 Canadian lawyer here.

Your employer has a legal obligation to accommodate your disability to the point of undue hardship. You have an onus to establish what your needs are (e.g.a . doctor's note), and they decide if they can reasonably accommodate you.

There are a few factors that work against you here and may make allowing you to be under the influence while at work a no-go. First is your provincial health and safety laws. It's against the law for your employer to allow you to be at work if you are intoxicated. It doesn't matter if the intoxicant is alcohol or pot or a prescription opioid. And, short of intoxication, you cannot be impaired to the point where it's unsafe for you to do your job. Either of things things (intoxicated, impairment where that is unsafe) would be "undue hardship" for your employer.

Second is that its really hard to tell what's a safe level of impairment and what is not. There's no way to quick, objective way to test for impairment from pot the way there is from alcohol.

The third is that you work in a safety sensitive workplace. The more safety sensitive, the lower the line of permissible impairment is. Even mild impairments (say from some medications or painkillers) could be too much.  This is why some big mining facilities have zero tolerance policies even for off-duty use.

For a regular construction job, it is likely not undue hardship for your employer to allow you to use at home in the evenings assuming you come to work sober and not impaired. But it likely is for them to allow you to be under the influence at work.


Title: ISP Sent Copyright infringement notice

Question: My isp (Telus Canada) sent me an email stating that I downloaded deadpool 2 illegally or what not.... just wondering what I should do as I downloaded 5 movies. I deleted the app I used (coho movie) and deleted the movies.

Answer: You should stop illegally downloading movies and hope you don't get sued.


Title: Can a manager take an employee's tips for expired inventory?

Question:
Location- Savannah, Ga

Today I received this text:

"Next week's schedule. This morning I threw away 2.5 cases of expired milk, found a gallon of milk and oasis product sitting outside of the fridge/freezers. Also the keys were misplaced for the week, boxes from our products were laying on the floor upstairs and milk products weren't properly rotated downstairs. I have calculated the costs of the wasted products and will deduct a portion from everyone's tips this week. Everyone is responsible for these items and I will continue to do this until we get it right. Thanks. "

Is it legal for a manager to take tips from me for something I didn't have anything to do with? I'd its not legal, who do I report this to?

Answer:
 Generally, the answer is that this is impermissible.  In the few states where it's legal, the docking of tips must (1) come only from the responsible employees' wages and (2) cannot put them below federal minimum wage (actual minimum wage, not adjusted for tips).

We don't know what state you're in, but the general advice will be to save the text message and print out a hard copy.  Contact a local labor attorney, who will generally help you without charging you anything out of pocket. You can file a complaint with your state labor board, but they can assess massive penalties that will drive the business out of business and may make recovering *your* money harder.


Title: What notice if any does my landlord need to give about raising the rent? MN

Question: My year lease expires 8/1, and I was told by the property manager on 7/21 that my rent is going up (from $984 to $1033). Is this kosher? If its not, what if anything can or should I do about it? I am in Ramsey county within Minnesota. Thank you for the help, because I'm having a hard time finding a complete and easy to understand answer by myself on the internet.

Answer:
 >Under a periodic tenancy, a landlord cannot raise the rent unless he or she gives proper written notice. **Proper notice is one rental period plus one day.**

[Source](https://www.ag.state.mn.us/consumer/handbooks/lt/CH2.asp)

Your landlord cannot supercede state law, which requires one rental period, plus one day. (Usually, 31 days.)