Title: USA, PA. Had a Detective follow me through the mall and take pictures of me. Problem?

Question:
A bit of back story. An ex friend got into some serious trouble about 18 months ago...serious trouble that involves high class felonies. I wasn't involved in any way past being a potential alibi for the date (s) in question, but I had to speak with one of the Detectives from the AGs Office to give my statements and what not. Each time it has been the same Detective, let's call him Detective M. At no point in time have I ever been a suspect in this case.

Friday, I was at the mall and I was just walking around window shopping when I noticed a guy following me. I didn't immediately recognize him and I paid him no attention. He gets in front of me and I look up to see him holding up his cell phone as if to take a Selfie, but I can clearly see my face/body in the frame and just the one side of his face, so it's quite obvious he's taking a picture of me. I stare at him/the phone to make it known that I can tell he's watching me and that's when I realized it was Det. M.

He does this several more times; I was going about my business but I could plainly see he was taking pictures of me. I went into a few different stores and he continued to follow me. He constantly had his phone pointed at me in a "picture taking pose" and I began to feel extremely uncomfortable. At no point in time did I actively engage him; no verbal communication nor did I wave at him when I recognized him in an attempt to be polite. Even a store clerk asked if I wanted security because she had watched him follow me around the store (Victoria Secret) and she said it looked like he was taking pictures of me.

I ended up just leaving the mall because I was extremely uncomfortable and put off by the situation.

I am kind of at a crossroads.  The case is pretty much over...just waiting for sentencing at the moment, so it's not like there's an active investigation going on. I don't know what to do. Part of me wants to call the AGs Office and complain, but since I was in a public space, do I have any legal rights against having my picture taken like that? Do I have any recourse to say something, or should I just let it go?

Thank you kindly.
Topic:
Other Civil Matters

Answer:
 >do I have any legal rights against having my picture taken like that?

No, not specifically

> Do I have any recourse to say something, or should I just let it go?

I'd call the AG's office and discuss the situation with them. I'm assuming you're a female, so he may have some creepier motives as to wanting to follow you around. Not trying to insult the detective, but stranger things have happened. It's important to protect yourself, so a phone call just to check up on things couldn't hurt.


Title: I'm pretty sure my university's policy violates the Fair Housing Act wrt emotional support animals (CA)

Question:
EDIT: FFS. I'm not saying that I shouldn't be required to provide any documentation. I'm saying that a letter that establishes that I have a disability, that that disability entails certain functional limitations, and that my emotional support animal alleviates some of those limitations, is all that they are legally allowed to require according the FHA. I think that anyone who reads [this](http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf) would agree. If you read that and *disagree*, I am open to hearing why. I am not open to hearing why, in your personal opinion, you think they should be allowed to require it. My complaint is that their required questions go beyond that scope.

I live in grad student housing, which is operated through the university. When I went to provide documentation for my emotional support animal to the housing office, they said that it had to be approved by the Office for Students with Disabilities.

I provided a letter to the OSD from my psychiatrist stating that I have [a specific disorder as classified in the DSM] and that my cat serves as an emotional support animal by alleviating [some of the symptoms] of [said disorder].

The OSD said that in order for them to approve my request, I needed to have my mental health professional address the following in a letter:

* Have you observed your client with his therapy animal? If so, please characterize these interactions? Have you seen the animal help/assist the client?
* What are the client’s current functional limitations? In your professional objective opinion, how does the animal mitigate these limitations and in what ways?
* Is the animal “prescriptive?” In your professional and objective opinion, would the animal serve as a “prescription” for the client?
* How do plan to monitor/assess the client’s continued need for a therapy/emotional support animal and how frequently do you plan to do this?

It seemed pretty obvious to me that they're not allowed to ask these questions. An official notice regarding the FHA, put out in 2013, states

> Such documentation is sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support ... A housing provider also may not ask an applicant or tenant to provide access to medical records or medical providers **or provide detailed or extensive information or documentation of a person's physical or mental impairments**

(page 4) [Link to document](http://portal.hud.gov/hudportal/documents/huddoc?id=servanimals_ntcfheo2013-01.pdf)

And, according to the uscourts.gov website, a federal case decided that the FHA applies to university housing ([link](http://www.uscourts.gov/cameras-courts/united-states-america-vs-university-nebraska-kearney-et-al))

I communicated these concerns, including the link to and citation from the 2013 notice, to the employee with whom I originally spoke at the OSD and then the director of the OSD. I was told repeatedly that it was their policy that these questions must be addressed, and when I expressed my belief that this means that their policy is in violation of the FHA, I was told that further concerns could be discussed with the Office for the Prevention of Harassment and Discrimination.

I'm meeting with someone from the OPHD later today. At this point I'm frustrated, confused, angry, and doubting myself.

This university is part of the UC system. It's not a small school. The fact that the director pretty much blew me off is making me wonder if I'm missing something. Am I? Is there a reason that the FHA wouldn't apply? Or that a loophole would allow them to require responses to those questions as their "policy?"

If I am right, and the OPHD says that they can't do anything or doesn't take this seriously, what are my next steps? I assume that it would include filing a complaint with the HUD. Other than that, is there anything else I should do?

Answer: I don't think asking to describe the fictional limitations of a disability and how the accommodation you're requesting of them will mitigate that disability is overstepping. They aren't asking for your diagnosis as a diagnosis doesn't qualify you by itself. It's being disabled by functional limitations that qualifies you for an ESA. They want to make sure that they're not just giving someone permission to bring in an animal because "they have a diagnosis". They want to make sure you reach the level of being disabled, which would qualify you for an ESA.Answer #2: They're allowed to ask these questions. They have to determine that you do have a disability and the ESA is necessary to assist you.


Title: Girlfriend in previous marriage signed stating she would never move. What can we do?

Question:
My girlfriend and her ex husband (they have three kids) did a super clean "let's walk away" divorce with no lawyers involved and both made up the papers themselves. We are now looking to move to another city roughly 5 hours away from where we live because it is too expensive to stay here. Oilfield city.

In her divorce papers she has herself (and him) on a two county limit without the others permission. He has scheduled visits with the kids every other weekend but rarely asks to see or talk to them out of that window. Is there anything we can do to battle that? What could be our options?

Thank you in advance!!

Answer: My best advice is to try and work out an agreement with the kids' father that would suit his needs as well as yours'. If he is regularly seeing the kids courts are going to be VERY reluctant to let you take the kids away. Maybe discuss the possibility of him taking the kids for a longer period of time less often to keep costs down. If there are any other conditions of the family settlement agreement you can use to negotiate with open those up as well.


Title: [Florida] Evicted a year after I moved out. How is this legal and what can I do?

Question:
So this happened a few year's ago. I had bought a mobile home in a park and I was paying rent on the lot. I bought the trailer from the brother of the park manager and everything was fine until about a year later when the lot rent went up higher than I could afford.

I surrended the trailer to the park and informed them I was moving out then left the state, having payed my last months' rent. Fast forward over a year later, I get an eviction notice from the park, then a court summons. I had to drive 8 hours back to Florida to handle something that was dealt with so far as I was concerned. The court took the side of the park (I couldn't afford a lawyer) and now I have an eviction on my record.

This park is notorious for raising the rent 25% in a year so people get behind on the rent, which I didn't know until after the fact. I only got behind on the rent once, which is why I got caught up and left, but it's a continuous thing here.

Can I have this eviction removed from my record?

Answer:
 What was the park’s side of this story? Why did they file to evict you?Answer #2: You would have had to complete a transfer of title, a bill of sale and documents to change over the registration as well as submitting tax forms and ensuring all taxes on the unit were paid.

If you have the copies of these formal and twisted documents as filed with the correct state agencies you might be able to have the eviction removed.

As it is, you left your home on their lot and stopped paying rent. If they were not given proper title, they would not have been able to sell or dispose of the unit in order to get a new lot renter in.

If you just left your car there with the keys, you would still be the owner of record. Same thing.Answer #3: Possibly. Do you have written records of when you abandoned the property, etc? You’d need to pay for an attorney to appeal. Not sure it’s worth it?


Title: Can i call my professor on not giving me an extension for my paper.

Question: I told my college counselor that I have a mental illness and she said she would make a note of that in case they need it. I asked for a extension on my paper, and he refused to give me more than one day, when it wouldn’t even let me turn in the paper online like he asked. I didn’t go to the class it was due because I had a telemedicine appointment to get new anti depressants. I live in California. Is there anything I can do so I don’t fail?

Answer:
 Sorry for formatting, it’s 2:30am and I’m typing on my phone. NAL, but a college student with a medical condition that requires me communicate with my professors about my illness and how to work with it.

What exactly do you mean when you say that you told your counselor and they said they would make a note? Is your illness documented through the university? I have a medical condition documented through my university, when I started at the university I sent a letter to the university accessibility office (they deal with ADA compliance, your school probably has a similar office or department)  from my doctor explaining my medical condition and what sort of accommodations would be required from the university. Then each semester the accessibility office sends me a letter to give to each of my professors with a list of accommodations that must be met, including additional time given to complete assignments if one is missed due to an issue related to my illness. Do you have some sort of arrangement similar to this through your college?

Did you tell your professor before class that you would be absent and why?

You say you couldn’t turn it in online, are you saying that whatever website you are using didn’t allow you to turn it in because it was late? Can’t you just email the paper to your professor and explain what happened?

It looks to me like you aren’t communicating properly with your professor. Maybe if you just explain the situation and why you did what you did they would be able to work with you. Answer #2: You can go write your paper and hope your professor lets you turn it in late.


Title: [Massachusetts] Ongoing harassment by neighbor caught on camera.

Question:
**For past few months my father has been "harassed" by our next-door neighbor. My dad recently became disabled and was unable to keep up with his yard work, I live out of state and did not become aware of the situation until his health care worker mentioned it to me. It appears that his next-door neighbor decided to get malicious and resort to harassment instead of try and understand the difficult position my father is in and foster compassion rather than malice.**

Here is the back-story:

It started out with an email that was sent to a community email list from an anonymous email address complaining about the condition of his front yard, specifically that one of the trees was over grown and obstructing the sidewalk. It used fairly harsh words to describe my dad and seemed more designed to shame him with his neighborhood than anything else. My dad didn’t see the email until a week or so after it was sent. One of the other neighbors mentioned it to the home health care worker that has visited the house since my father’s stroke. My dad has always been a very proud person and I'm not sure how he felt about the email, but for one reason or another, he choose to leave the yard as it was.

The following week two of his tires were slashed in his driveway. The police were called but they were unable to do anything other than file a report because of a lack of tangible evidence.

A week later trash started to be thrown on his yard at random times of the day and rocks thrown at his front door during the nighttime. This is when I finally received a phone call from the home health worker describing the situation looking for a solution. This time I called the police and explained the situation as it had been explained to me.  They were aware of the previous calls however they indicated there was nothing more they would be able to do than drive more frequently in the area and make a report of the incidents when they occur.  I spoke to my Dad and hired a landscaping company to come and resolve the untended yard. Thinking that this would be the end of it I asked the home health worker to let me know if anything else occurred. Much to my dismay I received a phone call a few days later that items were still being thrown at the house, batteries now the item of choice.  After a few weeks of this I hired a security company to install exterior security cameras to try and get a picture/video of the individual(s) responsible.

It didn't take long to find out who was doing it, it was his next-door neighbor. I was good friends with their son growing up so we were both quite surprised to find out it was them.

At this point my question is what is the best course of action for me to take? Moving is currently being discussed but unfortunately I don't believe that it is financially viable option at the moment. I have them on tape on his property and throwing items at the house on numerous occasions. I am not sure if their son is involved or aware of the harassment but he is a police officer in the next town over so I was some what hesitant to bring the situation directly to the police without first exploring other options.

---

EDIT (6/22/15 @5:17AM PST): I appreciate the comments thus far.  I have agonized over this issue for a long time and have come up with many ideas regarding the best way to solve it while creating the safest long-term environment for my father.  Each course of action that I've been able to think of has potential downsides, which I tried to address in the comment about going to the police, which is really why I posted this question here.

Here are some of the ideas that I have come up:

***Get a restraining order against:***

I thought that this would increase the penalties they would face if the continued to harass my father.  Thus far it seems like all of the video evidence that has been collected would still just amount to 1 count of criminal harassment.  Would this be a good idea? Would I have to divulge the fact that recordings are being made to the neighbor in order to obtain the restraining order in the first place? Are there indeed harsher penalties if I had this order?

***Call the police when an incident occurs and have the police go and talk to them w/o mentioning the video:***

When the tires were slashed the police questioned all the abutters to see if they had seen anything.  I'm not sure if it's against the law or not to lie to a police officer, I would assume that it is.  The neighbor, if he was in fact the one who had slashed the tires, lied when he said he did not see anything.  It seems like having them lie to the police again and then being able to prove that they did it with the video would be beneficial and demonstrate their lack of moral character and possibly tie them to the earlier issues?

***Civil lawsuit in addition to pressing charges for criminal harassment:***

In an ideal world I would like for my father to no longer live next door to these individuals.  Could I file a civil lawsuit on this matter?  Is there a limit to what can be resolved in a civil lawsuit? Could they be forced to move or does this type of lawsuit just determine cash compensation for criminal acts?
Topic:
Other Civil Matters

Answer:
 Take a copy of the video to your local policeAnswer #2: How many videos do you have of him throwing stuff?

I'd wait a few weeks, compile a rather large collection, and then take it in. Also, make sure you keep copies of the incidences in a place that cannot be destroyed.


Title: [LA] Found nude photos of cousin online with full name and photos from her Instagram attached. Casual takedown request denied. Would like to know my options.

Question:
I found a compilation photo on 4chan featuring nude photos of my cousin alongside pictures from her Instagram/Facebook. The filename of the photo is [Her First Name] [Her Last Name].jpg

I did a search for the filename and found several compilation photos on an unaffiliated site that archives expired 4chan threads.

I contacted the admin of the website explaining the situation (including the fact that she is likely underage in the photos, as she recently turned 18) and asking for the photos to be removed from the site.

He replied with an email stating that he would not remove the photo unless I did one of the following:

* Submitted an official DMCA takedown request and included the reference number.

* Pay an agency (he mentioned NotDMCA.net) to perform a takedown service without proof of ownership.

* Pay him a "donation" of 0.06 BTC.

Are these truly my only options? It seems like all of these involve fees, and the situation is made more difficult by the following:

* I'm 99% sure that *some* of the photos in the compilation are not her. Two pictures in the photo are pictures that I recognize from various NSFW subreddits and remember seeing at least two years ago. Also, there are some identifying features that lead me to believe that the some of the nude photos are not even the same person, due to identifying marks like freckles.

* The nude pictures I recognize are old. All of the archived 4chan posts containing the compilation photo and her name, however, have been posted within the last week, so I'm pretty sure someone just found various nude photos of her bodytype from random porn websites and pasted some Instagram/Facebook photos of her next to them and claimed that the nude photos were her.

* As such, with this likely not even being her, I would like to handle this (if possible) without notifying her and causing a whole bunch of stress and anxiety on her part. If the photos were simply removed, that would be best.

* Without notifying her, and with at least some of the nude photos likely not actually being her, I wouldn't have proof of ownership for a takedown request.

I would greatly appreciate some advice on the subject. I would like to get these photos down without her family or her finding out, and I would like to get this done without paying this guy's ransom price.

Thanks.

Answer:
 You didn't take the photos, so you can't file a DMCA takedown. A DMCA takedown asserts copyright, and you do not own copyright on these photos. Copyright is granted by *being the person who took the photograph*, by *contracting someone to take photographs for you and transfer the copyright to you*, or by *purchasing the copyright*.

Underage pornography is a law enforcement matter, not a civil matter (unless it's you in the pornography, obviously, in which case it can be both). If you want the pictures removed or the poster punished, you have to go contact law enforcement.

If you want civil action to have her name removed from the photographs, you have no standing. *She* would be the affected party, and would have to take action on that herself. No damages have been done to you, so you can't take civil action to correct these non-existent damages.

If this concerns you, speak to the cops. If you're afraid or unwilling to speak to the cops, there's nothing else you can do without informing her of the problem. Ultimately, now that she's a legal adult, this is *her* problem, and no-one else's. She has exclusive rights as the victim of this action. Others can't act upon it without her informed consent.


Title: VA - I'm a hotel manager and I have a guest saying he's going to sue us.

Question:
Guest was booking through third-party for some time.  He said he wanted to go to a different hotel because the rate was "too high" and we didn't offer amenities that a 4-star would [we are a 2-star].  My assistant manager spoke to the hotel owner and they worked on a rate for the guest.  Guest signed and initialed registration paperwork showing rate, as well as breakdown of rate on contract.  Three months later, he's saying that he never agreed to any of rate, that we forged his signature, and that he is taking us to court.  It has been another month and he has continued to stay and pay rate since then, but has been writing on registration paperwork that he believes my AM is engaging in fraud with his representation.  I am in the process of speaking with the owner on removing guest from hotel.
My question is, does the guest actually have any ground to stand on?  Should we really be worried?
Thank you!
[Edit]
He has also stated that we have refused to give him any of the paperwork.  We will NOT give him the original paperwork as that is ours for our records, but I have offered to give him copies [which I had readily available] and he has refused.
[Second Edit]
Thank you to all of you who have responded!  You've helped calm my nerves and just reinforced what my husband was already telling me!  You all are wonderful :D

Answer:
 Sounds like empty threats to me.  A person who is dissatisfied with your rates and who huffs & puffs & threatens to sue doesn't let a month go by without doing anything, and certainly doesn't repeatedly return to give you business at the rate they were complaining about.

Until and unless your hotel gets served with lawsuit paperwork, there's nothing to worry about.  From the sounds of it, that's never going to happen.

Continue being courteous and professional, I'm sure it will drive the person nuts.Answer #2: >Three months later, he's saying that he never agreed to any of rate, that we forged his signature, and that he is taking us to court.

If you have no agreement then charge him the rack rate.


Title: Got a DUI, am now receiving tons of advertisement mail from lawyers. Is this Legal?!

Question: One of them is literally a post card that says DUI Defense in huge letters. Is this legal? Isn't that private information about myself? And how can I find out what entity provided my address?

Answer:
 Arrests are public record. Court info/schedules are public record.

Edit word


Title: [NJ] Vice Principal threatening to withhold diploma if I don't serve detentions

Question: [deleted]

Answer: Probably


Title: Kicked out of Hotel and charged for full stay after they rifled through my closed backpack and found my marijuana while we were gone for the day.

Question:
My girlfriend has anxiety, and I prefer smoking to drinking.  We bring marijuana with us when we travel, and when we are gone for the day we leave things sealed up and hidden inside of our backpacks or suitcase.

We left a hotel in the Boston area this morning with a do not disturb tag IN the key slot.  We returned that evening with our key not working to the room. Upon inquiry we found out that housekeeping went into our room and "due to what was found, you cannot spend the night" and we were given 30 minutes to get out stuff.

So we dont smoke in our rooms, and that's also not why we were kicked out.  We were kicked out because housekeeping ignored a do not disturb, entered our room, and then rifled through our personal effects and found a hidden stash of marijuana which was then placed onto a dresser by the television.

There's zero chance it was accidently left out, and the front desk person apologized, said he smoked, and than said yeah, they came down and said there was "a bunch of weed".

In order to find a bunch of weed, they had to rifle through both my suitcase, and my backpack, and dig down to the bottom of each.

So, what's the risk if I report this?  Most places are pittance for pot and Im a little irritated I got thrown out of a room because housekeeping broke the law and went through my things.  Do I have any recourse?

Baffled in Boston.

I understand that nothing that is said here constitute professional legal advice and that no client attorney relationship is formed with anyone who replies.  I would appreciate any citations that can be given but will settle for a "generally speaking" style response.

Edit:  Just to be clear, the hotel, nor anyone here knows whether or not either of us have prescriptions, nor should it matter.  The hotel could not possibly know as they didn't contact us nor do they know where we are from.  As far as anyone here and them is concerned it could or could not be legal weed and none of you, nor them know.  This detail should not change the answer in the slightest as I am asking about what can be done regarding searching through my stuff for no reason.

It's nice to be able to sit around and babble that "it was illegal" as a justification for going through someones personal affects but there was no suspicious behavior, there was no smell, there was nothing left out.  I was already told this by the staff. You only have my word to take on it, but those are the details I have offered, and that's it.  Kindly keep out things that are unrelated.

Answer:
 >So, what's the risk if I report this?

Report this to who?  The police?  You are going to call the police because your weed was found and you got kicked out of your hotel room without a full refund?Answer #2: Next time use the in-room safe.


Title: Bought a house with partially shared driveway... new neighbors are doing a lot of construction and causing me frustration.

Question:
This is in Virginia, USA. [Here](http://i.imgur.com/PxRwcO5.png) is a picture of the property line and what's going on (my house is on top in the cyan area). Each house has its own driveway, but the driveway coming to my house cuts through the corner of the neighbor's property (it's been like this for decades). After the driveway comes to my house, the southern half of the driveway is on the neighbor's property as well. The entire entrance to the driveway is on my property. There were no mentions or documents of easements when we bought the house. Neither the neighbor nor we have introduced ourselves to the other.

My neighbors just moved in a week or so after we did and have now started doing some kind of construction. They have been bringing in loads of gravel and extending their half of the driveway. The trucks that bring the gravel end up putting ruts into the ground on my property as they turn around. This isn't a huge deal to me, other than I would have expected them to address the issue after it started happening, or to have talked to us about the increase in traffic that they were causing.

Today, however, I noticed that they actually installed a mailbox beside my mailbox so that you can't see my address anymore when you're on the road. Technically, the land along the road belongs to the county, so I don't know that I have any recourse here.

So, my questions: Do they have a right to have their mailbox in front of mine, even though they have their own driveway? Do I have a right to block access to my driveway (ie, with a gate, knowing that they could block access to the section that cuts through their property)? What is the best way to bring up my concerns with my neighbor since we haven't talked to one another yet and I don't want to start off on a bad foot?

Thank you.

Answer:
 It looks like your property/driveway is a mess.

You probably have an easement on the basis of prior use; while it's no longer necessary it likely was at some point...(?) and since prior use easements don't terminate, there's an easement! Either way I'm assuming you have an easement since your driveway is there (and I'm ignoring any other easement theories because it's really messy). It seems like your neighbor trespassed on your land to get the gravel trucks there - if that's the case they're liable for any damages (ruts) that occurred. Since they have their own access to the road, and the road doesn't go to their house, it's unlikely that they have an easement on your land. Even if they had an easement they would still likely be liable for the damage to your land since that would not be part of any easement.

For the mailbox - it depends on what you mean by the land by the road belongs to the county. Typically you have ownership of the land but the county has an easement; in that situation your neighbor is trespassing and the mailbox can/should be removed. The post office may also have something to do with this, since they have to approve mail boxes, so talking to them might be helpful (if it's an easement on your land).

Either way - talk to your neighbor. It looks like they didn't want the gravel to mess up their property so they used your drive (since their drive has access to the area they put gravel down). Either way I would ask them about the ruts, if they can help you in removing them, and why they put the mailbox where they did.


Title: I need help understanding the "cloak of immunity"

Question:
Hello,

Before I get into my issue, first some necessary background.

I'm a journalism major at university in New York, and I'm enrolled in a class where we have a number of different case studies where we examine the coverage surrounding certain events/public figures. If you have any factual errors in your paper, you will receive what's known as an "Accuracy F," so you could probably figure out why I'm writing this post.

Our first case study was on Joseph McCarthy, and one of the questions asks us to examine how McCarthy used the "cloak of immunity."

Here's what I wrote:

"McCarthy also utilized the "cloak of immunity," which prevents a congressional member from being sued for slander during a session of congress."

My professor wrote on my paper "No. That is not what the cloak of immunity is."

While my statement is technically true, he says that it's misleading because he claims that the cloak of immunity applies to all citizens, not just congressional members.

Is that true?  I obviously believe this is a matter of semantics, but can anyone overwhelmingly support either side?

Here is where I got my information from:
https://www.law.cornell.edu/wex/legislative_immunity

Thank you for your help.

Answer:
 The sentence really should read as follows:

"McCarthy also utilized the 'cloak of immunity'', which prevents a congressional member from being sued for all actions taken in what's known as 'the sphere of legitimate legislative activity'."

Legislative immunity just protects them if what they're being sued for is in furtherance of a legislative act. If they go and drive a car drunk into the back of someone and seriously injure them, legislative immunity doesn't apply to that.


Title: I'm wrapped up in a Domestic violence case and i don't know what is going to happen next.

Question: [deleted]

Answer:
 Seriously this poor woman is getting abused to all hell and you're worried about a little pot you bought from this shitbag?

It could come up, but it probably won't.


Title: Can you citizen's arrest somebody for trespassing and stealing fruit from your tree in California if you have "no trespassing" signs and the trees are completely behind a gate?

Answer: Citizens arrest is always a bad idea. Do not do it. Call the cops. You could end up getting charged with assault, battery, false imprisonment, etc. It’s simply not worth the risk over some goddamn fruit. If someone tries to attack you with a weapon on your own property and you hold them at gunpoint until the cops arrive that’s a bit of a different story.


Title: My Mom recently got laid off and her HR representative is ghosting her on severance

Question:
Like the title said my mom got laid off (she was a full time employee for 2 years). She was laid off 4 months ago, and after the first month inquired about the agreed upon severance package of 4 weeks pay. She never got a response and sent another email a month and a half ago, which was also ignored.

What can we do about this? We just want to get the severance package as quickly as possible without burning any bridges.

Answer: Do you have anything in writing stating that she would be receiving a severance package?


Title: [NJ] We are looking to form an anonymous corporation, have some questions

Question:
Do I need a lawyer for this or can I do it myself?

If I use a lawyer, how much should it cost, and how many hours should it take?

Can you recommend a lawyer for this?

Is it harder or easier to form an anonymous LLC than it is to form an anonymous Inc. corporation (not sure what the official name for that is, just know that the company name ends with Inc.)?

What are the pros and cons of LLC vs Inc?

Answer: There is no such thing as an anonymous corporation. If you are trying to shield your identity or assets through a business entity, you need to hire an attorney to advise you based on what exactly your particular needs are. We can not give recommendations here and have no way of knowing how much time it takes or how much it would cost. This is far outside of free online advice territory and your question alone betrays your inability to proceed without legal guidance.


Title: Beavers Flooding My Property-What Are My Options

Question:
My back yard is a swamp due to multiple beaver dams on a creek.  The creek and swamp are owned by an adjacent neighborhood's HOA.  I've confirmed through my HOA, contacting their HOA, who hired a wild animal pest control company that their is at least 3 beaver dams, one of which is over 200 ft long!

These dams cause the water to soak my backyard by over 20 yards.  Soggy, swampy mess!

What are my options?

I've had my head of HOA contact their head of HOA and so far (about a year) I'm getting that it's gonna cost too much to eliminate the beavers and destroy the dams, and that's all I've heard.  It's like they're saying they "tried" and there's nothing they can do.

Any ideas?

We're in South Carolina btw

Answer:
 Contact the Department of Natural Resources or equivalent for SC.  It's open season for beavers until March.

South Carolina has a special [set of regulations](http://www.dnr.sc.gov/wildlife/publications/pdf/beavercontrol.pdf) and more information for homeowners about beavers [here](http://www.dnr.sc.gov/wildlife/publications/nuisance/beaver.pdf) though the file is ironically titled raccoons, despite it being for beavers. Answer #2: We had a guy with this same issue not that long ago. I wonder how he's doing. I believe the general consensus was that the homeowner should contact their state DNR. They should be able to at least look into it and see if they can relocate the beavers. If the other HOA refuses to allow the beavers to be relocated then that's a separate issue. Answer #3: You can get a permit year round and go trap them.

> Beavers can also be taken year round with a Depredation Permit. A depredation permit is not required when controlling nuisance beavers within 100 yards of a property owners residence. This permit is issued by the S.C. Department of Natural Resources when beavers are damaging private or public property, timber or growing crops. To obtain a permit call your local wildlife management field office or law enforcement field office.  For further information:  http://www.dnr.sc.gov.

* http://www.dnr.sc.gov/wildlife/publications/nuisance/beaver.pdf

* http://www.dnr.sc.gov/wildlife/publications/pdf/BeaverManagementControl.pdf

You might try posting a request on craigslist for someone interested who has an active permit to come and trap some beavers.  Or, demolish the dam and hope that they move.


Title: I injured someone while snowboarding and paid up last year. Her attorney just hit me with a second demand letter for recurring pain and physical therapy visits.

Question: [deleted]

Answer:
 It's fairly rare for skiers/boarders to be held liable for collisions while skiing.  Hopefully you executed a full and final release when you settled, which is standard.  Stop talking to an adverse lawyer until you get a lawyer because (and I say this with no offense intended) it is clear you don't know what you're doing.  Answer #2: When you paid the earlier demand, did you and the woman sign anything agreeing that the $900 represented the entire settlement? Did the lawyer's original letter state anything to that effect?Answer #3: This is why paying cash without an attorney (or your insurance company, if there's coverage) is always a bad idea.  Because you did not get a release from the other party at the time, they can keep coming after you.Answer #4: You are not legally obligated to pay this money.

That being said, if you don't pay the money, they have every right to pursue the matter in court where if you lose the case (and it sounds like you would as you have already admitted guilt and sent in a payment before), you will be legally obligated to pay the money. That you sent money before has little to do with the new claim of ongoing medical bills.

Next time (i.e. now) get an attorney and/or your insurance company involved (if you have homeowner's insurance). If there are any payments made, they will be made with an agreement that the victim not seek any further damages.


Title: I bought a car with no TPMS sensors

Question:
So a few days ago I bought a car, I took it to a local shop and they say that there are no tire pressure sensors in any of the wheels.  They also said that the dealer can not sell you a car without the sensors in them.  I went to the dealer and they said that since the wheels are aftermarket, they cannot do anything regarding this.  I am extremely lost and really need some advice as to who is wrong and who is right.  Thank you in advance.  Located in Atlanta, Ga USA
P.S. the aftermarket wheels are only 17".

Answer:
 Did you not question why there was a glaring orange light on the test drive? Also, quite a few aftermarket rims do not support TPMS sensors, especially if they have lo-pro tires. I've never heard of a law saying a dealership can't sell you a car without them, especially a used one with aftermarket rims.

If you want them, buy a set of stock rims and tires and then spend the $400 or so on new sensors. Unless the car was advertised as having them, there isn't much you can do.


Title: Having trouble getting a restraining order against a neighbor charged with attempted murder (MA)

Question:
I live in a condo building with 20+ units. Last summer, a mentally disturbed 40ish male who lives with his mom (her condo, not his), broke into the neighbors across the hall (door was unlocked) in the middle of the afternoon and stabbed him 20+ times. He recently was able to plead not guilty to attempted murder by reason of insanity. The guy who was stabbed was told he's likely to get out in 6 months-2 years. Obviously the guy who was stabbed, and every other resident outside of this guy's mom, doesn't want him coming back to the building. However, when the victim went to get a restraining order he was told (not sure by who) that in MA it takes 3 instances of harassment/violence to qualify for a restraining order, and since this was a one time deal he can't get one. We all own in this building so it's not easy to just pick up and leave. Any thoughts? Thank you.

TL;DR - Guy tries to murder neighbor, neighbor can't get a restraining order to prevent him from coming back.

Answer:
 The guy can speak with a lawyer who knows the ins and outs and how to play the game.  That's the best course of action for him to get a restraining order.

If the condos have a homeowner's association, then they can potentially trespass him, not allowing him to return.  With the powers that most HOAs have, there may be some way to ban one particular person from entering the neighborhood.


Title: [Fairmont, WV] Can the landlord seek the cost of damages from tenants for a ruptured pipe and resulting water damage?

Question: My daughter is a college student and rents a house with three other girls near the university in WV. They all went away over the Christmas holiday and during that time a pipe broke due to freezing temps. They did turn the heat off which they should not have, but the pipes on inspection were in terrible shape to begin with. The owner is alluding that he will bill the tenants for the damage and asking them if they have renters insurance, which I don't understand because I thought that would only cover the tenant's belongings and not the structure. Apparently he only maintains fire and liability. The damage was fairly significant to much of the drywall and isn't habitable at the moment. The lease is fairly general, but it does state that if it isn't habitable the lease will be terminated. He has stated that he will have it repaired and habitable by the time they get back next week which is questionable for me. Having said all that, the question is can he go after the tenants for the cost of repairs? My gut tells me that if he wants to do that it needs to go before a judge to get a legal ruling on the lease for who is liable. Looking for some advice on how to handle landlord.

Answer: Let me get this straight. Your daughter and three other girls rent a single house from one landlord correct? The girls left town and entirely turned the heat off to the entire house where the average outside temps fall somewhere between 27-43 most years? Pipes freeze when the thermostat gets set below 55 degrees in the home. If the girls shut it off entirely to save money while they were gone then this is going to fully rest upon them as a very expensive lesson in how to take care of their rented space either by having renter's insurance or by paying it out of pocket. Answer #2: What he means by renter's insurance is liability. For example, we rent out our house, and recently a plumbing clog (which was the fault of our child) backed up sewage into our foyer and ruined the floor. We used the liability coverage on our renter's insurance to pay for the damage we caused.


Title: [Texas] Having serious problems with my neighbors and feeling threatened

Question:
So I moved into a duplex with my wife in Austin last January. Eveything was going fine until the summer. 3 men moved in next door. There is no fence separating us. I live on the side that faces their driveway. Their driveway is about 3 feet from my house. Shortly after they moved in, they started making tons of noise past midnight on the weekends and sometimes during the week. They drink heavily a lot of the time and blast music in their cars. I asked them once or twice to please keep it down. After they ignored the first request, I let it go for a while because there is a language barrier(they are Hispanic and do not speak much English). After the second time, I began to take offense. It all came to a head one Saturday night at 2am when they all drunkenly piled into their van, started it up, revved the engine, slammed it into gear and almost hit my house, then backed up and almost hit on of their own vehicles. All the while music is blasting at the full volume the car stereo had the ability to emit. I went outside and had to beat on the window of the van to get their attention. I yelled at them to turn it down and olease go in their house. One of them began swearing at me and threatening me. I told him I would call the police if they didn't stop. I called anyway and started the long process of actually getting them to show up. This is when things really got out of hand. They began yelling and slamming beer bottles into the ground as well as my house. Luckily they were still doing it when the police showed up so they could witness their actions. The police put them all in handcuffs and began questioning them while one came and spoke to me. I explained the situation in detail. He told me that they were illegal immigrants and none had US or Texas I.D.'s. Anyway, he told me he couldn't really do much but warn them. I feel like somebody should have left in a police car but they didn't. A report was filed and the police left. Right after they drove away, one of them came and started beating on my window and calling me a "stupid motherf*****" and saying I would regret it. I called the police again and they came again 2 hours later. Another report filed So the blasting of music didn't stop nor did the drinking and being loud in general. I finally figured out their landlord's number and spoke with him. A lot. He is a good guy or at least he seems like it. He told them to back off. So it has been quiet for the most part. But every now and then one of them will get unruly. This brings us to tonight. Before I got home from work, the unruly one was apparently blasting his music. My wife told me she looked out the window for a second to see exactly what was going on. He revved his engine up to redline several times as soon as he noticed. Then, after I got home, he did a burnout in reverse out of the driveway and once again when he began going down the street. Not the first time since the big incident that's happened either. I'm tired of feeling threatened in my own home. I'm tired of feeling powerless to do anything about it. I'm not sure what else I can legally do besides just keep filing police reports. It's really aggravating that I had to go through a lengthy vetting and background check process to live in my home meanwhile these guys basically just moved in with no regard from the landlord for who they might be or where they came from. I'm constantly stressed out and never know what will happen next. My landlord is probably close to 85 or 90 years old and doesn't have much to say. Please help!

Sorry for the lack of paragraphs. Just wanted to get it all out.

Answer:
 >  I'm not sure what else I can legally do besides just keep filing police reports.

That's your recourse. Keep calling, and keep complaining to their landlord.


Title: Dad preventing me from HRT (Florida,Us)

Question:
First off I want to state with I don't really know if you would be able to even help and it was just suggested that I go here so I'm trying anyways

Recently my Dad in the Beginning of this month got me scheduled for an HRT Appointment at Planned Parenthood on the 26th Very Little have I been whittling away the days waiting until suddenly on the 24th My Dad has taken my HRT Money Which is his and from him that I had all ready to go and he gambled it away in a fit of rage I angrily expanded upon the hole in the wall and now a massive crack runs along it siding with a sidebeam now Its today and my Dad says he is not taking me to the appointment and its my fault for stressing him out and putting him in a corner of something he didn't want to do.Thank you,If you manage to help in anyway

I am 17 BTW Male To Female.

Answer:
 Your dad does not have to take you to planned parenthood.

If you regularly have fits of rage, you should see a therapist.**

You'll have to wait until you're 18 to start HRT. Answer #2: Nothing can be done at this time for you. Wait until you're 18


Title: Neighbor fence dilemma.

Question:
Story:
So I have a massive dick of a neighbor who has a fence build on my property. I was cool about it when I bought my house. Well we both have dogs and I let my dogs out in the morning and the neighbors like to play fetch by throwing the ball at the fence which makes an extremely loud noise I can hear in my house.

My dogs when I outside get so excited about the ball they would scratch the fence and claw the wooden fence.  It got bad where I put up chicken wire to stop it. It hasn’t been a problem for a year until my chicken wire fell this weekend without my knowledge and neighbor informed me they are going to take the fence down on my property and move it 4 feet back to his property so every time my dog walks to the fence he can say trespassing.

Legal question: In South Carolina. If a neighbor builds a fence on my property can he take it out without my permission? Can he dig or modify my property for that?

Answer:
 Remember long term you guys still need to live next to each other. Try to be the better person, if for no other reason than to have a better quality of life. Be happy if he moves the fence. It allows you to build a new one on your property line, now you have a double fence between you both and problem is solved. Plus you won't have to deal with any chance of going to court over the property line (him trying to quite deed the encouragement to himself)

Good luck


Title: Property manager threatening eviction for overnight guests

Question:
So I live in Michigan, let's start there. The apartment complex that I live in is owned by a management company. The current property manager started out saying that overnight guests can only stay for 5 days. That sucks, but makes sense.

At one point, my grandparents (who I live with) had to call the company about my sister staying with us and they were basically told that the manager's word is law.

Now, she's saying no overnight guests whatsoever. She's telling a neighbor that her boyfriend can't spend the night unless he's on the lease. She's threatened my grandparents and I this morning with eviction if we have any overnight guests after telling my grandparents that my sister can't stay with us anymore.

I'm fairly certain that the lease says overnight guests can stay for 14 days and doesn't prohibit them. Can she even do this?

Answer:
 > I'm fairly certain that the lease says

Be certain what your lease says re: guests. That's what will hold. Not what the property manager says.


Title: Dive gear was lost in a fire at the dive shop

Question:
I had some dive gear getting serviced at a dive shop (~$1,200 worth of gear). The shop had a fire, and "all of my gear was lost". I've communicated a little bit with them, and they have told me that their insurance won't cover the cost of my gear.

I didn't have personal insurance on the gear. Do I have any recourse? I'm considering taking them to small claims court, but I don't know if this is the best option.

Thanks!

Answer:
 Why wouldn't their insurance cover your gear ?  Maybe they didn't have insurance and are being vague about it.  I'd be first in line to get paid if possible because this seems a little fishy.  Definitely get that demand letter in asap so maybe they pay you before they realize they're out of business.

Answer #2: Send them a demand letter for replacement cost of the gear,give them 10 days from the date of the letter or you will file a small claims suit for the cost of the equipment. Answer #3: Just another option, although results may vary: If you own a home, consider tendering a claim under your Homeowner's Insurance policy. Many policies of that type have very broad coverage, and may pay for the replacement cost of your equipment.

I would do this as a last resort though, because I agree with the other commenters that this sounds fishy. The dive shop's insurance probably said that they would need the value of any equipment destroyed or damaged before they would consider paying the claim. Also, there was probably not a non-owned/stored equipment rider on their policy, which would cover your loss. However, if you send a demand letter, there would be a claim which should trip coverage under their General Liability policy.

Before you tender to your Homeowners, sit down with your agent and discuss any impacts it might have on your rates. It may not be worth it to have a claim history on that amount of loss.

Best of luck!


Title: What can I do if USPS is misdelivering my mail and the resident where it is being delivered is keeping it?

Question:
Hello,

I'm living in the State of Georgia. Recently, I have been having trouble with USPS misdelivering my mail to the unit with the same number as mine at the apartment complex next to me. This is a problem by itself that I'm currently trying to sort out with USPS, but I have an additional problem. I have reason to believe this person is knowingly keeping and opening my mail, so far only packages (that I know of), with my name and address on it. Is there anything I can do should this keep happening?

I am especially concerned because I'm currently pregnant and have been getting some baby gifts in the mail. Since they're gifts, I don't always know that they're coming and therefore don't miss them when they go missing. I plan to go to the complex office tomorrow and ask if they can see if their resident is getting the mail, but if I get resistance I just wanted to know what my options are. Thank you!

Answer: Tell your post office postal inspector. They're basically mail cops, and take their job very, very seriously.


Title: The apartment we’ve been renting has a mold problem; are we entitled to any compensation for exposure?

Question:
Hi guys! So my boyfriend and I have been living in our apartment for 1.5 years. It’s an old apartment built like in the 70s. We knew it wasnt in perfect condition and kinda outdated, but we liked it’s charm, space, location, and price. About November/December we contacted our landlord to tell her that the glue/sealent around one edge of the shelf (we have a window and built in shelf for holding toiletries in our shower) in the shower is coming undone and we’re worried about possible water damage arising from that. She came to look at it and didn’t do anything. Around January/February, the shelf started to sink down some and now water was starting to go down the hole. Again, we called her. This time her solution was to hang a shower curtain on the other side of the shower and told us to close it when we shower. February/March, we told her that the curtain is a temporary solution, but the problem still needs to be addressed. We can’t even clean this shelf when we wash the shower/tub!

Finally, last week, I got fed up fighting her over this water damage issue. I’m seeing an increase in mold. I called the Portland Housing Commision and they sent an inspector out to check it out. Before coming inside our unit, the inspector already had a list of grievances about the exterior of our building. I guess our landlord has really been neglecting repairs. When she got to our tub, she lifted up the corner of that shelf and discovered the wall behind our shower is basically deteriorated. Not like months, but years-maybe decades of decay.

I feel that our landlord has knowingly violated the proving a habitable environment clause of our rental agreement from the start. Besides learning about the evident water damage in our bathroom, our wiring isn’t correct (open-ground and done without a permit), unapproved piping, and our building is basically kindling (rot, untreated wood, siding issues). If not, she’ll be receiving a letter from them very shortly.

I also now believe that the hidden rotting walls are the reason why my boyfriend and I have been stumped trying to figure out why our allergies have gotten so bad and why my eye infections are so reoccurring. This is to still be proven though.

My question for you is if you think we can get back any or all of the rent we’ve paid her for being mislead? If we had known about these things when we inquired about the apartment, we would have most definitely kept looking.

Answer: You need to shoulder the burden of proof that indicates the mold has caused you monetary/ tangible damages.


Title: Anyone know how a domestic spying case works in MA?

Question:
I and my family members have been recorded without our consent in their home and in my home by my ex-partner. We have emails from her referencing things that were said in those conversations when she was not physically present and she has verbally acknowledged recording us when confronted.

If I or one of my family members called the police to report this, what would happen?

Answer: They would ideally take a report and investigate.


Title: Theoretically speaking, are there cases where it would be better for an innocent defendant to plead guilty to a crime they did not commit?

Question:
This is something I have always wondered, again purely theoretically. Let's say for example, in a case of a miscarriage of justice where an innocent person has been wrongly accused yet the circumstantial evidence seems to weigh up against them, in order to get a plea bargain or something or the sort?

I am asking from the United Kingdom but would be interested to hear about how it works within the USA or elsewhere also.
Topic:
Criminal Law

Answer: It happens all of the time. Answer #2: https://en.wikipedia.org/wiki/Alford_pleaAnswer #3: [John Oliver did a great skit on overworked public defenders and plea bargains.](https://www.youtube.com/watch?v=USkEzLuzmZ4)


Title: School wants me to sign a form which would incriminate myself once signed. (NC)

Question:
Yesterday at school I was given [this](http://imgur.com/kDUHkKC.jpg) form for registering to vote. Im a junior in high school, and my highschool doesnt have any seniors so there is no one over 18 in the student body (except for the outliers). They told us to fill out the form, and most people did. I didnt. Im only 16 like most of my peers. It says both at the top and bottom *Do not continue this form if you are not 18* and *do not sign unless you will be 18 on or before election day.* I asked the teacher and he said we have to fill it out. I showed him where it says I would be commiting a felony if I did and he said it doesnt matter, its for pre-registering. They said they will go through the forms and notice mine is missing and require me to do it. I said the hell they will. So here are my questions:

Is the school required to make you sign something?

Is the school allowed to make you sign something which involves voting?

Can I get in trouble if I dont sign it?

What should I do incase they come to me asking me to sign it?

Thanks to any and all answers. I went over this with my parents and they were also uoset the school tried to do this, and upset at the fact that even if I was 18, the school shouldnt do this. The school is in wake county, North Carolina.

Answer:
 This has a whiff of election fraud..Answer #2: In North Carolina we used to have preregistration for 16 and 17 year olds. The idea was that students would register during their high school civics classes, and then they'd be ready to vote as soon as they turned 18. Then, the state legislature passed a huge law to limit voting, which among other things eliminated preregistration. That law was overturned in August, because the 4th Circuit Court of Appeals found it to target African Americans with "almost surgical precision". So, preregistration is [back in effect](http://www.ncchild.org/voter-preregistration-restored/), but it looks like the registration forms haven't caught up yet.Answer #3: I'm curious what the school would do if a student with religious objections to voting, like a Jehovah's Witness, refused to sign.Answer #4: This is just general commentary about life- you will often run into people who pressure you to do things, sometimes by claiming that you have to, or it's illegal not to, etc. If you know that they are wrong, you don't have to let yourself be convinced otherwise.

If it were *me*, I would be very uncomfortable with school personnel looking at a form that had my party affiliation on it, and I would let the board of elections know about this. Not being the "right" type of voter could conceivably affect my grades. Or for that matter choosing whether or not to vote.


Title: Pedestrians harassed by unleashed aggressive dog.

Question:
(Wisconsin).
A neighbor down the block lets his aggressive dog roam about the surrounding yards unleashed. I walk on the public sidewalk and this dog approaches with teeth bared, barking and snarling. I try to ignore the dog and walk as far away from the property towards the street as possible. It's really quite frightening. Today it crossed its presumed property line (onto the city's boulevard) and nipped at the back of my knee. Fortunately I was wearing jeans and it didn't break the skin but I am seriously concerned for the hazard this hostile dog poses to pedestrians. I have called the police twice in the last six months and they write down the details but nothing seems to happen. My guess is they patrol the area once or twice and don't see the dog. It also barks constantly at squirrels and rabbits throughout the day. I am not sure of the owner's exact address as this happens towards the corner of the back of an apartment complex and surrounding residential homes. It could be from an apartment unit or one of the surrounding homes.

What are some non-lethal tools I can carry to scare it away? I don't want to physically hurt it, but nothing seems to get done and I'd like to have something humane to defend myself. Would a specific dog whistle work or a certain type of repellent I could spray at it then run away?

Thanks for reading.

Answer:
 >. I try to ignore the dog and walk as far away from the property towards the street as possible. It's really quite frightening. Today it crossed its presumed property line (onto the city's boulevard) and nipped at the back of my knee.

In other words, an unattended dog bit you. Call animal control and don't take "go away" for an answer.

>What are some non-lethal tools I can carry to scare it away?

Be careful with this one. Someone might get the wrong impression if they realize you've picked up a weapon and gone to a place where you were likely to use it.

YMMV with animal repellent spray, and if you're only allowed 10% OC and the dog's a real asshole that might not be enough. A whistle is jut an annoying toy. Something like Liquid Ass might drive that sensitive nose to distraction but it's not something I'd wanna test in a real situation. A taser would be illegal in the circumstances you described.


Title: whirlpool dishwasher almost causes fire, am i liable for repair cost of dishwasher?

Question:
just purchased a new dishwasher within the past year. on multiple occasions I have found a strong burning smell from the unit. the first time was just an oder but the second time I found a spoon resting on the bottom of the washer burned to a crisp. after looking further into the issue it seems that items can fall onto the drying unit at the base which causes a potential fire hazard.

this seems like extremely poor design and i am reluctant to use the unit in the future. i am wondering if i should be held accountable for this unit. the place which i purchased it from is insisting that improper usage is whats causing issues. whirlpool also has a history with dishwashers causing fires, and there are known class action lawsuits on previous models.

any advice would be appreciated.

Answer: That drying unit is on most dishwashers. Learn to properly place your dishes in there.


Title: Accidentally set off fire alarm at home, can fire department come in?

Question:
So today, as I was leaving the house, my mom set off the fire alarm on accident. After we left, she called the security company to let them know that there was no fire but when we got home, there was a note saying that the fire department "visited our residence". We also found shoeprints on our floor, which means someone was inside our house because we don't wear shoes in the house. My dad and I didn't find this too alarming but my mom is freaking out and worrying about the fact that they got into our home. I live in Texas btw.
Is this something to worry about? Are they allowed to just come into our home? She wants to know if we should take any legal actions.

Answer: Generally speaking, yes. The fire department did nothing wrong by responding to a fire alarm, and legally they have 100% right to enter and make sure you, your things--and probably most importantly, your neighbors--are all safe. It sounds like the security company screwed up by not notifying the fire department in time, so feel free to complain to them about it. It doesn't sound like there's much in the way of concrete damages here so I don't think there's a legal recourse, but the security company would be the ones to blame (but it's possible there was enough delay in calling them that they couldn't reach the FD in time).


Title: Landlord making unreasonable demands, among other issues (USA, NJ)

Question:
Background: I'm a graduate student, living in university-owned housing which is managed by an outside company. I am located in New Jersey.

The property management company (who I will refer to hereafter as the "landlord" but I want to make it clear that this is a company, not just a guy) has informed the residents of my complex that they will be performing MONTHLY damage inspections of the units. That's a pain in the ass, feels like a real violation of privacy, but whatever, right? But here's the kicker: if you have a pet (which a large percentage of us do) you are required to be present for the inspection, which is scheduled for some time between 9AM and 6PM. So you are required to take an entire day off work, with 48 hours notice. This is simply not possible for ANYBODY, let alone graduate students who work 60-80 hours a week. I would get fired so fast if I did this.

Many many many people complained, and the landlord finally offered a compromise--you don't have to be present if you put your pet in a cage. OK. I cannot put my cat in her carrier (the only "cage" I own) which does not have room for her food, water, or litterbox for 14 hours while I am at work. That is animal cruelty. It's not OK. Otherwise I have to go buy a HUGE dog crate (which I have no space to put anywhere and can't afford anyways. Grad student, remember).

I spoke to the front office and offered some compromises: a shorter window of time that I could be home, locking the cat in my bedroom. They refused every idea I had, and said I would be fined if they came for the inspection and I was not there / the cat was not caged.

Is this legal? What are my options? They have been incredibly dismissive of me every time I've brought up problems (and there have been loadssss of problems. The heat does not work, I've had maintenance out twice now, and they just look at the thermostat and say it's working. It was 64 degrees in the apartment this morning. It is not working. They also fail to lock the interior door [which I do not use, ever] EVERY time they come into the apartment. I found it unlocked again this morning, which means it was unlocked overnight. GREAT. When I brought this up, they blamed me. A sprinkler pipe burst a few weeks ago in the hallway outside the unit, and a fuck-ton of water flowed into my apartment. I was out the country, was not informed of anything, and came back to an apartment smelling of DEATH MOLD and a destroyed rug. They have been coming and going all week to check for additional water damage, leaving the door unlocked every time. They are also illegally sub-metering the electricity, but the university has found out about that and is investigating.)

So my questions are:
1.) Is the monthly inspection legal? Are there any laws about invading the privacy of tenants that would apply?

2.) Can they really fine me for going to work and not committing animal cruelty? What are my options?

3.) If they continue to ignore basic problems (like the heat and the unlocked door) how can I get them to listen to me? Badgering hasn't worked, obviously. Are there any legal "buzzwords" I can say to scare them into taking me seriously?
Topic:
Landlord Tenant Housing

Answer:
 What does your lease say about inspections?

>The heat does not work, I've had maintenance out twice now, and they just look at the thermostat and say it's working. It was 64 degrees in the apartment this morning.

[NJ has laws about this.](http://www.nj.gov/dca/divisions/codes/codreg/pdf_regs/njac_5_28.pdf)

> (a) Every dwelling shall have heating facilities which are properly installed, maintained in good and safe working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, and water closet compartments located therein to a temperature of at least 68 degrees Fahrenheit when the outside temperature is zero degrees Fahrenheit. The temperature shall be read at a height of three feet above floor level at the center of the room.


Title: San Jose, CA. I mistakenly forgot about a 1099 from the 2017 tax year and just received a letter from the IRS. They're adding a 20% "Substantial tax understatement penalty". How best to request a waiver of this fee?

Question: The added penalty comes out to a tad over $1,000.   I don't dispute the amount owed nor the accrued interest.   But this was an honest mistake and it seems like a very excessive penalty.

Answer:
 You are being charged a penalty because you did not pay your taxes timely. You had additional income for 2017 you failed to report. There are 2 types of penalities charged for this, 1 is failure to file and the other is substantial undertax, which means you failed to report a certain amount of income.

Unless you experienced a major life event such as death of a family member, which is limited to those on your tax return such as a spouse or child, or you were in a disaster area,  you won't get the fee waived.Answer #2: Most IRS penalties are charged to tax payers who made a mistake.  And your opinion as to the reasonableness of the penalty is a political discussion not particularly relevant to your current situation.

If your situation qualifies as a hardship you may be able to make an offer in compromise.  Otherwise, to quote the IRS: “In general, the IRS cannot accept a settlement offer if the taxpayer can afford to pay what they owe.”


Title: Am I legally responsible for my estranged mother in California?

Question: [deleted]

Answer:
 No. Your mother is an adult and you are not obligated to be in her life. The facility and the medical professionals calling you have done so because you were noted as a point of contact and next of kin.

You can tell them you do not want responsibility and you will not perform any deliveries, make any medical / care decisions, or be otherwise involved. It's completely legitimate and reasonable.

Caretaking is a major undertaking and you should have no shame for deciding what is best for you and your life. Answer #2: It's an odd facility that doesn't have pharmacies delivering patient meds to the nursing station at the care facility.


Title: Chances of Tax Evasion through eBay sales?

Question: [deleted]

Answer: It's not a gray area at all. You are underreporting your income. You are required to report income from all sources. Ebay sales are a source.


Title: Living nearby a busy street. People are constantly parking on the street and blocking our driveway. What to do? (Image Inside)

Question:
(Chicago, IL)

https://i.imgur.com/PQKe3R5.jpg

This is my driveway. I live near a busy street with lot of shops. So, people would often come finding a parking space on my street and even though I have clearly written in big fonts not to park there, they'd still park in front of it.

Quite often, I have to waste 15-20 minutes finding the driver around the block and force him to move his car so that I can use my car.

What to do guys? Should I call the towing company and ask them to tow away the car anyone parks there next time ?

Answer:
 Have you called the city/local police department district to let them know there is a "revenue opportunity" due to people parking illegally in front of your driveway?Answer #2: Tow company on speed dial... Only takes a few rounds before they get the clue.Answer #3: A few things that seem obvious:

* Call your alderman and get your curb stripped and No Parking signs posted by your driveway.
* Call 311 to report the cars blocking your driveway.  They should send a tow truck to take the car to the impound.  Keep calling if they don't show.
* See if you can make friends with your local beat cops and let them know the issue.  They usually have their ticket books handy.Answer #4: I would update it to "Do not block driveway.  Violators will be towed. [Insert tow company #]"


Title: Los Angeles, CA. Just found out I'm pregnant. Father is based in the UK. He has told me he will not be involved in any capacity.

Question: I found out last week that I'm pregnant. I'm from the United States and the Father is based in the UK. He has made it very clear that he will not be involved with the child in any capacity including financially. How will I be able to pursue and receive child support from someone who does not live in the country? I will definitely need the help. My friends have even suggested I have the child in London and try to get help there, but that option does not seem as straightforward as they assume it to be. Does anyone have any advice on what I should do? Thank you.

Answer: The US has a reciprocal agreement with the UK regarding child support. [Learn more here](http://www.acf.hhs.gov/programs/css/international)  .  You'll need to get a court order declaring him the father, so you'll need to provide service of the court papers to him overseas. The jurisdiction will be where the child is, so you can file the case in CA. Be prepared to show as much evidence as you can showing he's the father. If he doesn't show up to contest paternity, the judge can issue a default judgement and a support order. Then you would work with the support enforcement division in England, who would honor the court order issued here and garnish his pay.


Title: Was I arrested?

Question: I had a pretty bad night last night. I live in a college town and was really wasted. I was at a bar with a fake id (im 20) and pretty much blackedout. I regained awareness later and i was in a cop car but i was still messed up and wasnt even able to say my address. The cops had my fake and had me hancuffed. They were extremely frustrated with me because i couldnt answer them. Im pretty sure he read me my rights and they were gonna book me. I was later told that i fell and passed out and they had to call an ambulance. Im not sure if they ever got my real information from me which i didnt intentionaly do. I remember a officer coming in the hospital room and i was still wasted and just passed out again. I didnt talk to him at all. I awoke in the morning and was told i could leave. I asked the nurse and she said they would be waiting if they were arresting me and ussually they just leave and let it go. So was i charged with anything? I didnt get any paper from the police or anything. If they got my address will they send me a ticket or summons? Im just really confused because i remember the cop saying its gonna be a felony man. I just find it hard to believe i didnt even get an underage drinking charge and im really expecting something in the mail from this but i always heard they have to give u something right there. Will anything show up about tjis incident if i run into the police again? I live in florida

Answer:
 It sounds like you were arrested at some point.

As to whether or not you'll be charged, no one knows for sure.  You can be charged up to the statute of limitations for the crimes you committed . . . which are likely measured in months to years.


Title: Sold used car, now threatened with legal action to give back money and take back car. (Hawaii)

Question:
Sold my vehicle for under $3000. After I sold the car, with a contract, turned in the registration to the DMV. Now the buyer sent me a text message stating that:

"The mechanic just called me and told me that the lights behind the dashboard that are supposed to show things   like "check engine" have been taped over I want to bring the jeep back to you and have you give me my money back, or I will take legal actions."

In addition he sent me another message saying:

"I want to return it to you and get my money back. I have already talked to legal about the situation and it could be brought up as fraud".

Anyways when I sold the car I disclosed all of the issues I was aware of. I never covered up any engine lights nor have a decieved anyone about the vehicle. it is priced well below blue book value, about less than half the price.

I drove the vehicle to the garage for him. I provided him with all my contact info when arranging the sale so there was no expectation on my part that there were any significant problems with the vehicle.

I have offered to give him $800 back from the payment as a good will gesture because I do feel bad, but legally am I in a bad position? can he win in court, can he have charges for fraud filed against me and win?

Also is his rhetoric not borderline extortion?

Thank you very much!

Answer:
 I wouldn't say it's extortion, just ignorance of law. The buyer might actually  (incorrectly) think that he has some legal ground to sue you.

I assume you wrote a bill of sale stating you were selling the car for $3k as-is?

Assuming so and you didn't write some stupid contract stating otherwise, I personally wouldn't give him a dime back - especially if you disclosed everything that was wrong with the vehicle to your knowledge.


Title: New apartment rules on pets. I'm sure if legal

Question:
[Ontario,Canada]

Good day all.

I just wanted to run the legality of this paper that is posted in our lobby.  First I know in Ontario that your pets are legally protected as in they can't say "No pets" on your lease.

Many people leave their balcony doors open for their pets to go out and enjoy during the day. Can they legally tell me that I can't? My dog doesn't do her business on the balcony so I can't see an issue. We are also high up and facing a park so she doesn't bark or growl.

They also mention a fine if I don't register her with the building. Is that legal to enforce  in the slightest??

I will comply if it's all legal but in the 6 years I have been living here I have never seen rules like this come down so I just wanted to make sure it was legit before I start registering myself for massive potential fines  (If I move out and they blame 20 year old wood floor warp on my dog then charge me 4k)

Thank you

Here is the posted form

 https://i.imgur.com/dg1VzDW.jpg

Answer:
 > Many people leave their balcony doors open for their pets to go out and enjoy during the day. Can they legally tell me that I can't?

They can make rules intended to reduce the impact of your pet on the quiet enjoyment of your neighbours. Dogs left on balconies tend to howl and bark all day, for instance. Note that this is different than leaving the door open so the dog can go in or out. The poster references leaving the dogs out, unattended. As in, shutting them out.

> They also mention a fine if I don't register her with the building. Is that legal to enforce in the slightest??

Yes.


Title: Will it ever be possible to get the back rent from an evicted tenant?

Question:
ALABAMA

Going to court soon to evict this woman living in a house we rent out. Two months of no rent and trying to work with her before giving the notice to quit. Now 2 more months finally going to court.

My questions are: What can I do to ensure the judge rules in my favor. Got the lease, paper work, payment plans papers after first missed rent.

And will I ever be able to actually get the rent owed to me? Around $6000.00

Answer:
 This isn't legal advice, but business advice.

1) Make sure you're screening your tenants thoroughly. Especially if you're a small-time property manager, you should be running credit checks and calling employers to verify employment, length of employment, and income level.

2) You need to build some delinquency expectations into your annual budget. If you rent properties, you will eventually have a bad tenant along the way. You need to make sure you have enough cash flow (money in the bank) where this won't be a problem if a tenant doesn't pay for a few months.

3) You can sell debt to a collections agency for a percentage of it's value, or hire a collections agency to pursue the debt. If you go with the second route, the agency takes a pre-agreed percentage of the debt if they're able to collect on it.

If you bring proper documentation to your court case, you should be able to win without any issues.


Title: How long is Prescription medication protected under the law?

Question:
My mother was prescribed narcotic medications about 2 years ago "as needed "
She works as a nurse and other medications came  up as not being wasted properly.  They drug tested her for these meds...
Test results came back negative for the drugs that were not wasted properly..... they did find drugs that were prescribed to her legally by her doctor ~ about 2 years ago.....
So my question is how long are legal prescriptions  protected under the law? The expiration date? Forever? Is there a time limit? She lives in Michigan . Any info would be great as her job is on the line.. HR is currently conducting an investigation. They mentioned they may ask her to go to rehab?! Over her own prescription medication?

Thanks I sincerely appreciate any information.
Topic:
Employment Law

Answer:
 It's going to be more of a question of *why* they were prescribed than some running date. If she was prescribed pain medication for an on-going disability to take on an as-needed basis and she's just hasn't used it all and hasn't had to go get a prescription refill, she's going to have a stronger argument against drug abuse than if she was prescribed pain medication for a specific procedure and she's still taking them long after she's healed from it.

This is all going to be a lot looser than what would happen with a criminal case because this is in regards to her employment. You can abuse prescriptions you legitimately need. If your drug habits are affecting your workplace performance and creating liability issues for the employer, ADA isn't going to be able to save you from getting fired.


Title: [MN] Got a second DWI, what can I expect?

Question:
I was charged with a 3rd degree DWI after getting pulled over for going 70 in a 55.

The first one I pled guilty and am almost done with, but this one I'm going to get a public defender and was wondering what to expect.

This is only the second time I've ever gone to court, the first time for the first DWI and don't really know how it all works.

Answer:
 "am almost done with" - are you probation or something? if so, get ready to be facing new stuff from that.

you are looking at up to a year in jail, 3000$, ha.f a year suspension - on the second alone, this doesn't include any changes for the first.

Answer #2: Here is a handy write up from a law firm in your state: http://www.arechigo-stokka.com/minnesota-third-degree-dwi-penalties/

You are looking at some mandatory jail time and a minimum of one year license suspension. You may lose your license for more than the year or be jailed for more than the mandatory 30 day minimum.

If your probation is not completely complete on the first DWI, you will likely have your probation revoked/violated and be facing much stiffer consequences on the first.

So, listen to your PD and stop DRINKING! If you have a medical problem, get help for it. If you are just being an idiot, stop being an idiot.

If you keep on committing the same crime over and over again, you are going to see a rapid escalation of the punishments.Answer #3: Do what your attorney tells you. Despite what you may have heard, public defenders are (generally) excellent lawyers and have tons of experience with this sort of thing.Answer #4: You'll be sporting fancy new ["whiskey plates"](http://mankatodwi.com/whiskey-plates/), most likely. People like me will silently judge you (and give you a little extra room), especially on weekends and evenings. The 5-0 will also pay some extra attention to how you're driving.

EDIT: I just read about the probation part. Yeah, whiskey plates are probably your best-case scenario. I think you're going to be wearing an ensemble with no belt or shoelaces, for at least a short time.


Title: [OH] Guy paid me 500 bucks on a 2000 Dollar truck now wants to sue

Question: Hu

Answer:
 So you took $500 from him as a sort of down payment for the truck.

Then you sold the truck to another someone.

Yes he can absolutely sue you. Give the man his money Answer #2: You are 100% in the wrong here. Don't drag this out to court because you will lose. Give him his money back now.


Title: [WA][OR] Fell for a CL car scam. DMV will not accept title. What do I do now?

Question:
The car in this story is registered with a title in Oregon but was purchased in Washington.

I know nothing about cars and brought a friend to help me with my first car purchase. I trusted his judgment WAY too much and subsequently ignored a number of red flags with the car/transaction.

Long story short, *after purchase*, I found out the car had a rolled back odometer, engine problems, and an altered title. I filed a police report and called the WA dept of licensing but they pretty much told me that I should try to get in contact with the person who sold it to me. Needless to say, that is not working out for me.

However, I was able to contact the person whose name appears on the title. She apparently sold the car in May but Carfax shows me that no one else has registered the car since. The licensing office told me I need to get a new title/bill of sale from the current owner but the woman I contacted doesn't want to help me because she already filled out a bill of sale to another guy (whose contact info she does not have) and would have to take time off work to get a new title. I think she suspects I might be the criminal here.

I already overpaid for this car by about $2000 (which is saying a lot for a $3000 car) and honestly, once I legally own the car, there is a good chance I will bring it to a junk yard instead of investing more time and money in this headache.

I am at a loss here. What am I supposed to do with this hunk of metal in my driveway if I can't get a valid title in my hands? Does anyone know what my next steps should be?

Answer:
 I would explain to her that if she doesn't assist with fixing the title situation, you will be returning the vehicle to her, the legally registered owner.

That will probably spur her to action.


Title: What's the best way to "correct" a Non-Correctable "no proof of insurance" ticket?

Question:
I got a traffic ticket for Speeding + No Proof Of Insurance. I'm okay paying the Speeding part. I had insurance at the time, but I could not find the paper that said it. The cop marked it as Not Correctable. I have the proof now... Found it in my glove compartment when I got home. How can I best "correct" this? / Is it even possible to correct this?

Thanks in advance

edit: Location of the ticket was in Siskiyou, CA (far north, right next to Oregon border)

edit 2: I found [this post](http://www.expertlaw.com/forums/showthread.php?t=138994) while searching for answers. Skimmed it, the guy says

> Note that it does not say anything about correctable or non-correctable.... it only says "... if you were cited, show up with proof you were insured and the violation SHALL (not can, not may, not if they want to... but SHALL) be dismissed..."

I live 600 miles from siskiyou. If worst comes to worst, does this mean I can show up with proof, and 100% get that part of the ticket dismissed?

Answer:
 In California, if you show up before the due date with proof that you were insured on the date and at the time you received the ticket, then they will dismiss it for a small fee.  I think it's about $20 this year.  You may not even need to see a judge (depends on county practice).

It's not technically "correctable" because if you didn't have insurance on the date you were cited, getting insurance afterward (while still required) won't get you out of the fine.  So it's not correctable in the sense that a broken tail light or expired tags are correctable.


Title: Neighbors with too many cars and Big Rig.

Question: I live in Los Angeles California, and my neighbors are renting a house on our street. There are no apartments here, but I do know that my neighbors live in a two bedroom house and  that two families live there. However, I don't really care about that, it's that through time, and have been living here for over 10 years now. They own 7 vehicles one commercial van (one of the dad is a plummer) and they started to park a big rig truck in their driveway. It is a hassle because when I get back from work there is NO MORE Parking on my street. They park their Big Rig and a pick up truck on their driveway. At times the Commercial Van is park on their lawn. I only have three cars and I park two of them in my driveway and one on my street. People have told them if they can please park some place else, or consider parking on the main streets because two of their oldest kid are have cars and they sometimes take up two spaces with one car. A neighbor and I confronted them about this, but they say that "they are free to park where ever they want" and "They pay their taxes and the streets are for everyone." What can I do because they now bought a new sentra and now it's getting harder to find parking, and they are not being considerate to the rest of us. I don't want to sue, I just want to know what the law says about street parking.

Answer:
 > I only have three cars

lmao.Answer #2: Unless there is a local ordinance regulating street parking and/or commercial vehicle parking on the street or on lawns, there is nothing you can do. It is public parking. You need to check with the city to see what the ordinances areAnswer #3: Tragedy of the commons.Answer #4: The neighbors are right.  There's no reserved street parking.

I don't know the process for making a street/neighborhood permit only in LA, or if they limit the number of permits per home in such areas, but it may be worth looking in to.Answer #5: The semi might be illegal to park in a residential neighborhood but as long as they are using the cars, it's fine to park on the street.Answer #6: Park your two cars on the street and save your driveway space for the last person to come home


Title: My dog killed neighbors dog in my yard. [California]

Question: [deleted]

Answer:
 The neighbor's dog broke into your yard, and was subsequently attacked and killed by your dog, correct?

If that is correct, then your neighbor was in breach of their duty of care by not properly securing their animal.  Their dog would be presumed to be the aggressor, by virtue of being unsecured and (for lack of a better word) trespassing onto your property.  In order for you to held liable, the onus is on your neighbors to prove that your dog was the aggressor, which it is highly unlikely they would be able to do.

That being said, the fact that your dog tore through a fence with other neighbors could potentially be used to argue that your dog was a dangerous animal.  If you were issued a citation or warning by animal control for that incident, it improves your neighbor's position.

Also, I believe California is a contributory negligence state, which means that if an individual's negligence contributed to their deprivation of property, it can mitigate their claim to damages.

In a nutshell, you are likely not on the legal hook for this.  That likely won't stop your neighbors from filing a civil lawsuit, so document, document, document, respond to lawsuit, etc.


Title: [CA] Old Roommate Won't Pay For Elevator Damage

Question:
I live with three other people in an apartment in an apartment building.  We have a 1 year lease (August to August), but we recently replaced one roommate in the middle of April.  I was told a few days ago by the building's maintenance manager that on the day the outgoing roommate moved out, that the building's elevator was damaged and that someone called them to get it repaired.  The maintanence manager gave me the phone number that called them, and it's the number of the outgoing roommate.  He says they have tried multiple times to contact this person with no luck, and now I've tried calling and texting them also with no response.  The maintanence manager said that the cost of the repair, $1650, would be billed to our unit.  My questions are:  1.  Is the landlord allowed to charge those of us still living in the unit for the damages caused by the outgoing roommate?  2.  If so, is there anything we can do to make him pay?

If we are stuck paying I'm not sure how to explain the situation to my three current roommates.  How can I ask them for money for something they weren't responsible for?

Answer: I'm confused. Is this elevator only used by you and your roommates?   Why would the maintenance people fix communal area work without approval?


Title: As I declined the $17.99 daily insurance from Enterprise, salesman asks: "what is your deductible on your current insurance?" i say "$1000" "well, we are going to take all that if you get in accident, regardless of fault" da fuq? Is this right?

Question:
I can understand if I got in the accident and obviously have to pay for the damages. But if someone hits ME, why in earth would they take my deductible? Someone please shine some light on this for me.
Edit: Sorry, Virginia, USA is location.

Answer:
 Enterprise holds you responsible for damages you incur while driving their car. If the accident is not your fault, the other driver owes you your deductible and your insurance company damages above the deductible. If you end up in an accident with uninsured/underinsured motorist you may end up having to pay Enterprise the $1000 and collect nothing from the other party.Answer #2: Hi there I work in insurance claims and this situation comes up all the time when there is an accident in a rental car. We even have a contract with Enterprise. Enterprise does not care who is at fault, they just want their car fixed. You have the contract with them so they are going to file with your insurance to get reimbursed. You have your deductible in this case because you always have your deductible with your insurance company. Now, should you not be at fault, once your insurance has paid Enterprise, they now have rights of subrogation and will pursue the at fault driver or their insurance for reimbursement, including your deductible. Hope this helps.Answer #3: Someone T-boned me at an intersection last year while I was driving an Enterprise rental, and it was totaled. I was using my regular auto insurance, and Enterprise charged the credit card they had on file for my reservation to collect my deductible. A few weeks later, when they recovered the deductible from the other driver's insurance, they called to let me know and sent a check in the mail.

Unless you're using a credit card that you do not want charged for the deductible amount, this shouldn't be a problem. He was probably warning you in case that charge would be an issue.