Title: Can I move out of my apartment without early termination fees if I keep smelling neighbor's smoke/weed in my apartment?

Question:
My apartment lease states (I live in MI where marijuana is state legal)

"Smoking in the Premises is permitted so long as all doors and windows to the Premises remain closed and an air filtration system is used to adequately prevent the odor from traveling into Common Areas and/or other apartments or interfere with the use and enjoyment of property by other tenants"

I recently had a new neighbor move in and I've started smelling smoke and marijuana in my room. I've started reporting it management, and have been keeping records of times/dates I smell it. So far the people in my building have received a letter saying 'some people have been complaining about smoke..'. I'm not aware of any other measures by the landlord. Last night I bought a $200 air purifier which I have running by the source of smell, and tried to seal the vents.

I get very bad headaches from any level of smoke, and I work federally which means I will still be fired for any use of marijuana (I had to report this at work) because they care about the federal legality.

Ideally for me I'd like to just move out of my apartment without having to pay the 3 months of rent required for early termination.

Is there a certain point where my lease would be considered violated for having to continually smell smoke/marijuana in my apartment, and I'd be able to leave without fees? Is there a number of occurrences that would have to happen, or an amount of time I'd have to wait or chances I'd have to give?

Answer: Nope.  The landlord isn't doing anything wrong here.  The landlord *could* evict whatever tenant is causing the smoke smell, but there's nothing whatsoever you can do to force the landlord to take action.


Title: Case Closed pt.2

Question:
[removed]
Topic:
Troll Post

Answer:
 In all seriousness they got the console and the money you paid back because there was nowhere else for the console to go. They got the money. Ack because you stole their gift card. But the store got paid with re gift card. The store isn't the victim. You absolutely don't get to keep the item you stole. So in in this rare case the crime victim actually ends up being made slightly better than whole.

You are lucky you didn't raise this argument with the judge. It could have resulted in more severe punishment due to your total lack of remorse and preoccupation with the happenstance result that the victim did ok in the end.


Title: [Australia, QLD] Private school is forcing me (a student 17yo) to partake in religious events (praying, standing in worship) despite me being an atheist and stating I do not want to take part.

Question:
I am unsure if under Australian law there is a provision that protects me from being forced to participate in these events.

Thank you

EDIT: A lot of people saying since its private I can't really do anything under Australian law. Is there anything above Australian law that could be applicable, such as a human right?

Universal declaration of human rights.

Article 18.

"Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance"

Can this help me?
Topic:
School Related Issues

Answer:
 Private school your parents choose to send you there. You're out of luck. Answer #2: I don't know Australian law, but since this is a private school I can say with near certainty your rights are not being violated. Private schools around the world have significant leeway when it comes to religious practices.

The age of majority in Australia is 18, so next year at least you can leave is you really dislike it there.

*Edit: And the Universal Declaration of Human Rights has no force of law and cannot help you here.


Title: University violating state law and possible ADA law

Question:
A little background I have a temporary handicap placard for parking in Utah, I have had some pretty traumatic knee injuries that make it painful to walk in winter time and I cannot walk safely in winter time far distances due to the ice.

I was up on campus today and I have been parking in the handicap parking stalls like I am supposed to along with every other car that is in the same boat as me (students with temporary passes). I came out to my car and see a ticket for parking in a restricted area for "No Visable/Assigned permit: confirmed student. University permit required with ADA placard" I was furious out of all the cars that were there (longer than mine) I was the only one to get a ticket. I had only been parked for about 30 minutes before they issued the ticket.

I did my research after I received my handicap placard to see where I could and could not park and all the laws regarding it. Basically the state code says a person with a ADA permit may park in any areas except used by emergency use, including metered parking and restricted parking areas for a reasonable amount of time. As well as stating this may be enforced on public property and private property intended for use by the public.

So I am in the process of appealing the ticket so I can attend my classes. I was looking into the universities web page and they require those who have an ADA permit to purchase a $150 permit to park in the handicap stalls (which is almost as much as a regular permit).

I sent them the State Code and the form from the DMV. What else should I do so I can continue to park in the stalls designated for me to park in?

Here are the state codes and the universities policy:

http://le.utah.gov/xcode/Title41/Chapter1a/41-1a-S414.html

http://dmv.utah.gov/plates/disabled

http://commuterservices.utah.edu/permit-types/students.php (permit D)

I also found these not sure what they mean to me:

http://www.le.state.ut.us/code/TITLE53B/htm/53B03_010300.htm

http://le.utah.gov/~code/TITLE53B/pdf/53B03_010700.pdf

Edit:

I understand this as well but they had no signs stating additional permit would be required and as well they have signs pointing handicap vehicles to the lot only stating "Handicap Parking" upon entering the lot (no signs posted saying requiring additional permit.
As well as it doesn't seem from my interpretation that the code allows them to ignore State Code, only allows them to enforce it on behalf of the state and post extra signs, such as permit only parking signs, which there were none of. The parking lot I parked in was for a museum where teachers and visitors to the museum can park.

So does that mean they can ignore any state traffic laws and make ridiculous ones if they wanted? For example driving on the wrong side of the road speed limits extremely low or high?

Answer:
 I believe the university is allowed to make you get the permit.

I believe this because

1.  the code you cited allows the university to enact and enforce any parking decisions that are owned by the university.

2.  The citation explicitly indicated that you were a confirmed student, which means you agreed to all governing policies of the university and were not a guest.

"State-issued disabled permits are valid only for campus visitors. If you are a member of the University community, you must have a "D" permit."


Title: School Broken Exit Sign

Question: Just a quick question, isn't there some law requiring public buildings to have working exit signs? It's a high school and the front has been broken off for about a month.

Answer: Call your city's fire marshal.  That is typically who would have jurisdiction over this issue.


Title: My Landlord does not allow me to have family or guests visit my apartment. Is this legal? (NB, Canada)

Question: My landlord put in additions to the lease that I am not allowed to have guests over unless I clear it with my Landlord first. I am only allowed to have a romantic partner over (only on weekends). Is this legal? My landlord is not even allowing my mother to come visit me. I signed the lease but does this go against my human rights?

Answer:
 Do you live with your landlord and share a kitchen or bathroom with them?

Have you lived in your unit for five years or longer?

Many provinces prohibit a landlord from interfering with the tenant's reasonable enjoyment of the unit, and prohibiting guests would tend to run afoul of that. New Brunswick is a bit more permissive about this, and that prohibition may be enforceable if you have lived there for less than five years.

After five years, your landlord must have cause to terminate your tenancy, and this would not be considered any kind of cause authorized by law.

You can try looking through the [Residential Tenancies Tribunal](http://www.snb.ca/RTT-TLL/E/ten-loc/tl_problem_E.asp)'s resources, as well.


Title: [tx] Can employer docking me an hour of time because I forgot to clock out?

Question: I missed a punch out but know what time I left and people can verify that I was at work. I have not missed a punch in the six months I've been working there. But my co-workers say to edit my punch I need to let the boss know and she docks an hour of our pay due to the inconvenience. I make 15/HR, 35-40HRs/week. Is this legal? Thanks ahead of time.

Answer:
 No he cant dock your pay. But if you do file a complain with the Texas Workforce Commission prepare to lose your job for an unrelated reason. The instant they have to handle the complaint you will be on borrowed time.

Decide what is worth more to you.


Title: Is it legal to transport my wife's medications?

Question:
Sort of hypothetical, feel free to move on.

Texas.

I see people in here with stories of pills that aren't theirs, and I realized I had a question for myself.

Yesterday, I used her van to take the kids out while she took a day off, and I saw a bottle of prescription pain meds from a surgery a few months ago in her glove box. I check her insurance cards expiration dates occasionally for her, I wasn't just creeping. So, if I were to be searched that day, would there be a legitimate chance of being charged with anything?

Thanks in advance.

Answer: A lot would depend on whether they were controlled substances or not.


Title: Landlord waited 4 months before letting me know the rent had been unpaid

Question: I was on a program where I was going to get a total of 6 months rental assistance in Shasta County. 2 months into that 6 months I was apparently dropped from the program (although I received NO notice of that being the case) I only found that out when my landlord filed an unlawful detainer saying that the rent had not been paid for the last 4 months and was requesting over $2000 in back rent, had I been notified the 1st month that they had not received the rent I could have planned to take care of it personally. However since they waited 4 months before letting me know of the situation there is absolutely no way I can come up with that on a fixed budget. Is there anything I can do to either stop the detainer, or at least request more time to move?

Answer: NAL but can you get documentation from the rental assistance program showing where it was supposed to be 6m and you were dropped at 2m? I would start there, then look into your local tenant board.


Title: [MN] Does my employer have any legal/fiduciary duty to provide me with a 401k plan that isn't a total scam?

Question: [deleted]

Answer:
 The Supreme Court did recently rule that employers have such a duty: http://www.forbes.com/sites/nextavenue/2015/05/20/what-the-supreme-courts-401k-ruling-means-to-you/Answer #2: Yeah, a lot of 401(k)s have a lot of junk fees.  Salespeople give a swinging deal to the employer, make it up on fees.

Typical advice is to only put in the minimum to get any matching money, then put the rest in an IRA of your own selection.


Title: Public Urination Being Confused On Background Check! Help! Haha 😭😂

Question:
Hello, I think have an employer currently contemplating whether or not to hire me based on a potential item in my background check. I just finished some research after being reminded of some suspicion I had a few years back from a previous job application.

Years ago in Iowa City (2011), I was issued a ticket for urinating behind a dumpster. I was curious about how this could potentially be getting in the way of employment considerations. I then just now stumbled on the following article: https://www.thegazette.com/2012/02/16/ui-students-say-public-urination-charges-likely-affect-job-prospects

In this article, it mentions that public urination and indecent exposure were under the same code. An article published a month later goes on to say that a measure was passed to make it clearer which offense was committed. My question is if that is likely to only be a separation displayed in future cases or if it applies to cases the year before, etc as well.

I tried to get this expunged a few years ago because I believe I was denied a position due to this. I didn't know that there were others with the same issue and unfortunately the judge didn't seem to care. I'm concerned that this instance of when you got to go you, got to go behind a dumpster is branding me as some kind of sex offender. :/

PS I'm in Arizona

Answer: Why did you post crying emojis? This isn't FB.


Title: How can I legally ensure care of my cat if I die?

Question:
State: Minnesota

This isn't likely to happen. I'm a young woman with no health conditions. But I live alone and if I were even hospitalized she'd be on her own. I'd like to will her to my parents who I know would take care of her well but they live a bit away. Is there any way to legally will that?

Answer: Animals are property, you can include your cat in your will if you choose.


Title: Is it worth it to contest the speeding ticket (Virginia)?

Question:
I was finishing up a 8 hour drive and, half an hour from home, was pulled over for doing 81 in an 80. The officer let me off for 79 in 80. Is it worth it to contest the ticket?
Topic:
Traffic and Parking

Answer:
 Don't. Over 80 MPH is a misdemeanor in Virginia (aka a criminal offense) unlike many other states. The cop was doing you a HUGE favor.

On that note, isn't the speed limit on highways in that state (most others too) 70, not 80?


Title: [California] If somebody writes a will and dies before 18, is the will valid?

Answer:
 Probably not valid.

More important question: are you okay?  Do you need to talk to someone?   Answer #2: I do hope you’re not planning on dying. This world is full of wonderful opportunities and full of love. You just have to look in the right places.Answer #3: Assuming the minor is not emancipated, legally, no.  It's up to the next of kin (usually the parents) to decide if they want to honor any of the wishes.Answer #4: It gets better. Please don't go.


Title: [UK] I took a swing on my wife's lover when I met them together. I didn't hit him. Will I go to prison?

Question: I didn't want to do it it was an inpulse.

Answer:
 http://lawcomic.net/guide/?p=591

I'll just leave this here.


Title: [CO] Name change or cease and desist due to stalker creating webpages and blogs about me?

Question:
Kind of a desperate move but I'm wondering if I can legally change my last name to escape the online reputation a stalker has created about me. I tried getting a restraining order against him but it only scared him from stalking me in person. The judge sided with him and bought everything he said in court, despite not being true. The websites and blogs are showing up on the first page of Google at this point. I'm worried about future job searches. I started going by my full first name to hopefully ward of searching my shortened name that he uses.

My lawyer said "There's no law against being an asshole on the Internet". So, I assume that means I can't get the website or blogs down. The website is hosted by TuCows and the blogs are on Blogger. Both are taking his reality (alcoholic with a lengthy criminal record including violence) and trying to put it on me, who has no record or legal problems in my past. He's been upset with me since not letting him move in with me years ago and not willing to give him money. There was never any relationship. Just seemingly a one-sided obsession.

My current employer said something to me the other day hinting that he may have searched me and it got me worried.

Answer:
 Your lawyer *is* right, but if he's straight up making things up about you then that *isn't* legal and could be libel or defamation.

At this point, it's worth finding a lawyer who has knowledge of those kinds of cases and asking for a consultation.


Title: should I let my landload know about cause of my father's death in apartment?

Question:
I start lease this place with my father last year, and before the lease end, my father went back to another country, and my lease becomes month to month. Sadly.. my father was visiting me for cancer treatment for last couple of months, and he commits suicide at the apartment last month. I moved out of the apartment and now the landlord asking when it happens and what causes...Do I have to tell him what caused his death?

location is california

Answer:
 You really should tell him, at the least, that it wasn't COVID or any other communicable disease.  The cleaning and preparation he'll have to do for a new tenant is very different.

The landlord may not give you a good reference if you don't tell him, though.


Title: $7k for online services. The next day, when services aren't as expected, the owner states a refund isn't possible.

Question:
My sister signed up for an online program to help her with an eating disorder. The program costs $7,000 for 8 weeks, and isn't covered by insurance. After a rough day, she signed up for this program and signed a contract.

After logging into the site, and viewing intro video, she realized this wasn't for her. She also put the entire cost of the program on a CC, and can't afford the program or the late fees. The next day, she emailed the owner who has been very responsive. But the owner states that because she signed a contract the previous day, there is no way she can be offered a refund of any kind.

My sister disputed the charge through her CC company. But it sounds very hit or miss on whether the dispute would work. Yesterday, the owner emailed my sister with an offer to refund her $5k, as long as she emails to:

1. That you accept the partial refund
2. That you have taken no action on your end with your card or investment (requested a charge back etc)
3. That you are choosing to back out of the program and you accept that you will no longer have access to our help

She also was given 24-hours to respond, which ends this afternoon. I believe that this owner may have been contacted about the disputed charge, and that's why she emailed.

The contract she signed does include a section that states only Tennessee law applies to any issues with the contract. My sister lives in MN. She signed the contract on Thursday, and started asking for a refund the next day. The bank dispute was on submitted Saturday.

She can't really afford the $2k loss either. Is there any kind of "cooling off" period or recourse that my sister has to get refunded the full $7000?

Answer:
 > Is there any kind of "cooling off" period

No.

The FTC's Cooling-Off Rule gives you a 3-day right to cancel a sale made at your home (from a door-to-door salesperson), your workplace or dormitory, or at a seller's temporary location, like a hotel.

[Here](https://www.ag.state.mn.us/consumer/publications/CoolingOffPeriod.asp) are MN's additions to that. None would apply here.

She was already willing to pay $7k so $2k is far better than $0. I would take the offer unless I changed my mind about the value of the program.Answer #2: What does the contract say about refunds? Does the contract make any claims/guarantees about the quality of the service?Answer #3: It doesn't appear that MN's 3 day cooling off law would apply here. Also she doesn't have any reason to dispute the credit card charge.


Title: [FL] Can a lease prevent you from possessing or using medical marijuana on the premises?

Question:
Hello,
I have a qualifying medical condition for the use of medical marijuana in FL, and I am considering seeing a doctor about a recommendation.

However, the lease to my apartment included a marijuana addendum, which states

>The possession. use, cultivation, manufacture or sale of any illegal substance, including marijuana, is strictly prohibited. Tenant accepts that:

>1. Possession of marijuana, whether dried, extracted, or in living plant form, is a criminal act under federal lavw . Tenant agrees not to engage in any criminal activity in or near the Leased Premises, including the possession, use or cultivation of marijuana.
>6. Any violation of this Addendum. even a single instance, constitutes a material breach of this addendum and may lead to immediate termination of the lease.

I have excluded a bit about growing marijuana and how smoke damage.

Assuming that I am legally granted a recommendation for medical marijuana by a doctor for my qualifying condition, and that I only use edible marijuana products (to avoid smoke damage), is this addendum legally enforceable?

Answer: Yes, marijuana for any purpose is still federally illegal. Just like you can be fired from your job if you test positive for it in a state where it is "legal".


Title: What are you allowed to say to a stranger coming to your house?

Question:
It happened twice this week. I live in an apartment. There's a door by the street, people ring it and they go up stairs where there's another door. The door leading to my apartment.
Twice someone rang, I buzzed them in, they went up the stairs and they asked to come in.

The first one didn't introduced herself. She just said "I have some things I'd like to show you! Do you think I can borrow a side of your kitchen table?" I asked her what exactly. She baffled something about hospital bills and if I needed help in the future. She didn't give me her name at all, no "hi I'm .... I'm here to sell this and that" but she had a big binder of things.
Told her I wasn't interested and she left.

The second time it happened is last night, a well dressed man rang my doorbell, I buzzed and he asked to talk to me by name. When asked what it's about, he didn't want to say but he wanted to come into my home to talk to me. I told him we would talk between doors and he refused. I insisted, and he told me he would come back tomorrow, today.
He didn't say who he was or what he wanted but from the look of it and what he said, he's representing the law.

So what should I do? Let them come in? What should I say to them.

Answer:
 Seriously? Never let people in that you don't know. Don't buzz strangers into your complex. Don't talk to strangers. Answer #2: I would be careful of the well manicured man. He may still be part of the Syndicate that is preparing the world for an alien invasion. Answer #3: > So what should I do? Let them come in?

No!

> What should I say to them.

"Go away."


Title: DALLAS, TX - Cop gave me a ticket for by pacing me, but he was in front of me. Can I get this dismissed?

Question:
Hello everyone,

I was given a citation for going 76 in a 65. The officer said he did this by pacing me, and the ticket indicates that as well. However, the officer was in front of me the whole time, and I was following a safe distance behind him. While I was following him, he abruptly pulled over to the next lane, to which I responded by passing him at approximately 68 MPH, then he got behind me and indicated for me to pull over. Is this a dismissable case, and if so, how would I go about doing that? Thank you for your time.

EDIT: I suppose after seeing some comments, my question is now would it be possible for him to support his claim in court? There are no cameras behind him to prove his claim, as far as I am aware.

Answer: Dismissable?  No.  He did pace you.  There's nothing in your post that indicates otherwise.  Him being in front of you and checking his rearview mirror is no less accurate than him being behind or next to you.  Do you have any evidence to suggest he wasn't pacing you?  Or wasn't going the speed claimed?


Title: fiances license got suspended

Question: My fiance pulled into a parking spot in Virginia 1.5 years ago in his rental car. He was at a truck stop and a motorcycle swerved around his car when he was pulling into a spot. I mean he was 10 feet away and this biker was 50 feet going too fast in the parking lot. The bike hit a truck which was parked. police were called and my fiance gave his information to be contacted in case the truck needed someone to verify information. not for the biker because she was clearly at fault. 6 months later we get a letter in the mail stating a debt he owed from geico which was not on her list for her insurance company. She gave the truck and the police officer false information and geico must have paid out on the bike. my fiance gives the case manager at geico ( the company) suing my fiance the police officers, the truck and the written down information the police office gave. we never heard back from him, call the office again and a new case manager spends another hour with him on the phone. never got a call back. We were letting them know their client was committing fraud by falsifying her insurance information and the fact my fiance did not touch her bike. We were served at an address we don't live at, never received the Summons. a judgement was put out against my fiance and his license has been suspended. We just got this in the mail. just pay it off or is there anything we can do?

Answer:
 You never ever never ignore a lawsuit, even if everything is wrong with it. Calling and talking to an insurance company is not answering a lawsuit according to civil procedure. Answering a complaint, involves sending it a written answer to the court from which the lawsuit originated and sending a company to the Plaintiff. Just talking to them doesn't cut it. They're under no obligation to dismiss the case or take your call as an answer to the complaint.

You should have forwarded that complaint to *your* insurance. Even if it's false, they still have a duty to defend you against claims made that you got into an automobile accident. They could have likely gotten this case easily dismissed based upon improper service AND it being a false claim. You are severely hindered now by what you can do to reverse procedurally. You need to get in contact with your insurance ASAP. Hopefully, they can get an attorney to file a motion to set aside the judgment (assuming you're still within the timeframe of being able to do that).

That's not going to completely alleviate the problem. That's just going to give you an opportunity to reset the clock back to before the judgment was entered. Then the attorney is going to have file for a motion to dismiss based upon improper service and failure to state a cause of action from which relief can be sought.


Title: I am a single unemployed mother looking for legal help to gain custody of my 16 month old son(Maine)

Question:
In the beginning of June my fiancé/sons father kicked me out of the house. So I packed up a few of my things and most of my sons and went to stay with a friend.

On June 12th I returned to the home with my son so I could get some things and let my son see his dad, his dad called the cops and had me served with a protection from abuse order claiming that I was abusive towards him and my son. I was then arrested upon being served for an unpaid fine from years ago. I did 4 days in jail and haven't seen my son in a week and half. It has recently come to my attention that his father is moving his new girlfriend into the house along with keeping my son from me.

I'm looking for any help that I can get. His father has hired a lawyer while I can't get one.

Answer:
 Check for local legal aid clinics/services. They may be able to help.

But you need to realize custody is based on the best interest of the child. And if one parent has an income and stable household the court will likely side with them over an unemployed parent with no stable housing.

As to the girlfriend the court will not interfere with that unless she presents some immediate harm to the child. Parents are allowed to pursue their own relationships.


Title: [KS] Girlfriend just got her 2nd DUI, concerned about possible felony

Question:
This may sound selfish, but she is still in jail and I'm pretty pissed about it. Yesterday was my birthday, and my gf works at a bar. She got pulled over leaving the bar last night and was arrested for her 2nd dui. She got her 1st dui July 2nd of last year and went through the diversion program. She had an ignition interlock for 6 months and went to substance abuse counseling and did community service.

At this point I'm questioning the relationship, but from a legal standpoint I have a different concern:

I am an avid hunter and have quite a few firearms in the house. If this 2nd dui makes her a felon, what are the implications behind having guns in the house as well as having her in the house?

****

**edit**: If, on a second DUI conviction where there has been a prior conviction which occurred within the preceding 10 years, not including any period of incarceration, then that conviction shall be a nonperson felony. Convictions under this section of the DUI law are referred to as "fela-meanors". That is a common term, not a legal term and it will not appear on your legal paperwork. The same fines and jail sentences apply as outlined above in this section on second DUI offenses, except that there is no eligibility for release on probation, suspension or reduction of sentence or parole until the person has served at least 90 days' in jail.

However, after two days in a row of jail time, you can put in an application for a work release program, provided the county actually has such a program. In order for the work release program to qualify under the DUI law, the defendant must return to the county jail each day after they get off work.

If accepted into a work release program, the defendant (person convicted of DUI) shall serve a minimum of 2,160 hours of confinement. The 2,160 hours will be calculated as the mandatory first two days of consecutive jail time plus the hours of jail time actually served between the offender's work days.

Another option is house arrest. After two days in a row of jail time, you can put in an application for a house arrest program, provided the county actually has such a program. Sometimes these house arrest programs are run by the government, sometimes by private vendors. If accepted into a house arrest program, you will wear an electronic monitoring device, typically a bracelet or ankle bracelet. The device is monitored to verify your location and make sure you are serving 2,160 hours of confinement in your residence. If a person is given permission to go outside their residence, it will not count toward the 2,160 hour requirement.

The 2,160 hours of confinement is the equivalent of, and satisfies, the minimum sentence of 90 days.

You will lose your driving privileges for a year followed by another year of restricted driving. If you own a vehicle you will be required to have a device installed on your vehicle called an "interlock" which prevents the vehicle from moving if you don't blow an alcohol-free breath into the device. Its kind of like your personal breathalyzer. Similar to the first offense, you will be placed on probation, if you qualify for it, until you complete all the terms of the probation. If you don't comply with the terms you could face a year in the county jail.

Answer:
 A felon may not have possession of firearms or ammo, and this includes easy access. You would have to lock them up such that she has zero access to them.Answer #2: Not a felony, it's a class A misdemeanor.

>on a second conviction a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750.

[Kansas Law](http://www.kslegislature.org/li_2014/b2013_14/statute/008_000_0000_chapter/008_015_0000_article/008_015_0067_section/008_015_0067_k/)Answer #3: Looks like it's not a felony until her third DUI (see: http://www.kslegislature.org/li_2014/b2013_14/statute/008_000_0000_chapter/008_015_0000_article/008_015_0067_section/008_015_0067_k/)

But she should expect to spend some time in jail. And yeah, I would definitely question this relationship, if I were you.

Relevant part of the KS statute:

>On a second conviction a class A, nonperson misdemeanor. The person convicted shall be sentenced to not less than 90 days nor more than one year's imprisonment and fined not less than $1,250 nor more than $1,750. The person convicted shall serve at least five consecutive days' imprisonment before the person is granted probation, suspension or reduction of sentence or parole or is otherwise released.


Title: Can I get a divorce and remarry my spouse after a few months so we can redo our wedding and change the marriage date or will it be denied?

Question:
Just a note, I know some people get really offended over marriage and wedding things like this (at least in other forums I’ve looked this up in) so please know this isn’t my intent.

For context, my major reasoning for wanting this is because of the mental stress out anniversary gives me and my spouse has already agreed to doing this with no contest if we’re allowed. I have no idea how divorce works on a legal end or if this would get denied. We got married in western PA but are currently living in Austin TX so divorce would be filed in Austin.

Now the why. We had a courthouse marriage 2 years ago on Mother’s Day but I’ve had a miscarriage, so now just the thought of our anniversary causes me panic attacks because it reminds me of that trauma. We haven’t celebrated our anniversary since being married because of it. To add to the whole Mother’s Day issue we also didn’t have an actual wedding because of my own mother doing everything in her power to prevent it from happening. (Getting away from her was a huge motivating factor for us moving to another state). So instead of celebrating, I spend the entire day in a state of sobbing and suffocating.

I know Texas has a month waiting period for remarriage after finalization from my research but we wouldn’t be looking to remarry right away anyways. We’d want to take our time and just live together as “dating” again until we could have an actual wedding.

Would we be able to do this or would it get denied since it’s not really a good enough reason?

Answer: You can, legally. It will be expensive and it could be complicated. I write this with the best of intentions, but you would probably be better off spending the money on therapy, throwing an awesome party to renew your vows, and celebrating your anniversary on a date of your choosing.Answer #2: Instead of doing that why don’t you renew your vows and celebrate that day as your anniversary? Divorce and marriage are extremely expensive. Answer #3: What does the date on the paperwork matter?  Decide with your SO on a new date and celebrate that.  For example, my wife and I celebrate our first date, since that's when things actually changed, rather than the date that we signed a piece of paper.Answer #4: If you want to burn through many, many thousands of dollars, you can probably do it. It's going to take way longer than a few weeks or months though. Is the actual date written on your marriage license really what matters here? Because that the only difference between throwing a wedding because you deserve to have one and going through this long and unpleasant process. Answer #5: I haven't even looked at my marriage license since it was filed.  If I wanted a new anniversary, I'd throw another wedding and renew my vows and start celebrating on that day instead.  Tons cheaper.


Title: Being asked to sign an NDA regarding my salary and workload...is that against NLRA?

Question:
Hello /r/legaladvice!

My employer is undergoing some company-wide restructuring due to budget issues.

I had a meeting with my supervisor and her supervisor today to discuss what that looks like for me individually, and some *extremely* high level information on what that looks like for my team and the overall company. Some things sound like an adjustment of the general expectations of my team (less required travel, for example), while others are more ambiguous (operating "more lean").

There were a few major implications for me individually:

* They are asking me to take on 20% more accounts
* They are re-imagining a "special projects committee" I am on to have 50% less staff (and the same or more work)
* They are shifting my compensation from 60% base and 40% commission to an unknown, more base-heavy structure

I was told I would have more concrete information at a followup meeting later in the week, but in the meantime, was asked to sign an addendum to my original confidentiality agreement. This addendum says that I cannot discuss my compensation (which includes total salary, base/commission structure, and bonuses) OR my workload (number of accounts, projects, etc.) with my fellow employees or third parties. I'm being asked to sign this agreement prior to my next meeting.

This was all presented to me as a show of support, because I am a high-performer on my team, and they want to protect me as we restructure. But it feels incredibly sketchy and like I am being asked to do more work for less money than others. (As an aside, I have pushed back regarding my workload before, as I am asked to take on a high number of special projects, and I have been met with generally rude and unprofessional responses. Others have done the same and been met with support.)

After mentioning this conversation to my husband, he brought up the [National Labor Relations Act](https://www.nlrb.gov/resources/national-labor-relations-act) and that what I am being asked to sign might be illegal.

Do any of you have insight or thoughts? I am expected to sign this with no questions, but I am extremely concerned about what this means for the future of my employment.

Thank you for your help!

*EDIT: Our offices are located in New Jersey.*

Answer: If you have a copy of that agreement, take it to an employment attorney as soon as you can (today if possible).


Title: [Best Of] A twelve year old was dropped at my house and is trolling for dick on Omegle and my roommate the babysitter left because they have better things to do. What do?

Question:
*Beep Boop Beep Beep Boop*

---

[Report Inaccuracies Here](https://www.reddit.com/r/LocationBot/) | Data Sourced From [GitHub] (https://github.com/ianpugh/LocationBot2.0) | [Author](https://reddit.com/u/ianp)

---

URL:  https://www.reddit.com/r/bestoflegaladvice/comments/4twyj1/a_twelve_year_old_was_dropped_at_my_house_and_is/

Answer: The panic felt real, but I hope to god this was a troll.


Title: Started a nonprofit on the side. Current employer email me a cease and desist stating conflict of interest. How do I protect myself and my company?

Question:
I my full time job is for a
Government agency in Pennsylvania. I started a nonprofit on the side to help youth with disabilities learn soft skills and advocacy skills. I revived approval form my day job to do the nonprofit. But now they the nonprofit is up and running they have issued a cease and desist siting conflict of interest. They refused to give me any info on what specificity was done.
My day job does contract out for similar services. But my nonprofits programming is incredibly unique. No one else is using a similar curriculum or format. It’s safe to say there is no programming like ours. Additionally the contract with my day job doesn’t include a noncompete clause. Also I am completely removed from any of these services at my day job.
We really can’t figure out where/if we went wrong on this one. We feel that we are being unfairly scrutinized due to personal bias. There was never an issue until the nonprofit started becoming successful
Definitely leaving my day job and would like to do so on good terms
But in the mean time how to I protect my self and my company?
Thanks all!

Answer:
 > My day job does contract out for similar services

Bingo.

You work directly for the Commonwealth?

Speak to an attorney there. Whoever helped you set up the non-profit would probably be a good choice as they'd already be familiar with it. It is typically harder to fire government employees than run-of-the-mill at-will folks, but it sounds like they are saying pick your non-profit or pick your job. There may not even be an actual legal issue here. In most situations, you can be fired for having a second job that's dissimilar to your current job, and this is much more that that. You don't need to have a non-compete for them to not want you to do this.

> unfairly scrutinized due to personal bias

What is that bias? It seems unlikely that they'd cease and desist you for forming a *similar* organization just because they don't like you.


Title: Police report about my motorcycle accident incorrect and damning. Attorneys are treating me like a legal leper.

Question:
I'm a young male in WV.  I was riding my motorcycle (Harley Sportster) down a main road in my city, when I realized I had forgotten something at a friend's house and decided to turn around.  I approached an intersection and moved into the turning lane.  I saw no oncoming traffic, so I began to make the left turn into a small parking lot.  It was about this time I saw a car turn from a side street.  I swerved right to avoid her, but it was too late.  I slammed into the driver side back quarterpanel.  In this accident I sustained some nasty injuries.  My left forearm was severely broken, necessitating surgery and plates.  A finger on my left hand was severed and could not be saved.  I broke bones in my hand.  I can't even describe the pain.  At some point the police arrived.  The officer was less than sympathetic.  He riffled through my jacket while I'm squalling in pain, asking if I was drunk or high.  (I was not.)  He told me as the paramedics arrived to get ahold of him after this was all finished.  The paramedics then carted me off to the local trauma center.  I was there for two and a half days, and I have some hardware and empty space where a finger should be after discharge.

After I got settled in after a couple days, I got a copy of the police report and was baffled by what I was reading about my own accident.  The officer asserted that I was illegally using the turning lane to bypass traffic behind a bus that had stopped, probably to let someone off, with the intention of going through the intersection and continuing on in the same direction.  It states at the bottom of the officer's statement that I am the party at fault for the accident.  He goes on to list me as intoxicated while operating my vehicle, and that blood samples were taken to check my BAC and drug screen.  Lawyers clam up the moment I say the officer listed me as at fault.  No one will touch it.

I have no idea how the officer can state that my intention was to go around and continue on.  That's not what I was doing, nor could he know for certain what my intention was.  It was not mentioned in the other driver's statement, only that she was at a stop sign at the intersection, and the bus driver stopped at the corner waved for her to go.  She went, and that is when the collision occurred.  Her's is the only statement taken.  He also states that I hit her passenger side, which doesn't make sense and conflicts with the other driver's statement and the damage left on her vehicle.  A statement was not taken from me either.

At this point, I'm afraid to even breathe without a lawyer present.  I've not heard a thing from the other party.  I'm trying to get myself an attorney, but none of them want to touch it.  I was advised to find an attorney outside of this town because an attorney might not want to risk damaging a professional relationship with the hometown police by calling them liars in court over a twenty-something kid on a motorcycle.  I can't even get any advice on what to do now.  It's been said that if the police did not directly list me as the at-fault party, I might have a good case, but that part is damning.  To add insult to injury, my motorcycle jacket with my apartment keys in the pocket up and disappeared.  The hospital doesn't have it.  There is no record of what ambulance company picked me up.

What do I do?  One office said it could be beneficial to see if they will take my statement.  It might change how the officer approaches the crash.  The report says they took blood from me for testing BAC and a drug screen, but they only took blood for BAC and a urine screen for drugs.  I'm certain the BAC will be nothing because I was not drinking prior to the accident, but I will admit to smoking weed in general.  I was not high at the time of the accident, but the drug screen will show positive for marijuana, if it is admissible since the report lists blood as being taken for a screen.  Can they even screen for that sort of thing without consent? It was not drawn at the scene and the first thing they did when I rolled into the trauma center was pump me full of fentanyl.  I do not recall being asked for any sort of consent for that kind of thing, if they have to ask at all.

I'm just trying to avoid having my motorcycle insurance represent "my" side, as it's no secret that they do not give a damn if I get anything to address my medical bills that racked up as I don't have medical insurance through my employer as of yet.  I can't work with an arm in a cast because my job requires both hands.  I'm stuck and I have no idea where to turn.  At this point I'm not sure if I should be calling a personal injury or a bankruptcy lawyer.  Any advice or tips would be welcome.
Topic:
Personal Injury

Answer: as this accident was most likely your fault anyway (you were making a *left* turn, after all, which means the onus is on you to avoid on-coming traffic), no lawyer is going to help you because ... it's your fault, and there's no reason to sue anybody else. the only person with significant uninsured damages is you, sooooo ... it's all on you.


Title: Incident during outdoor park basketball pick up game

Question:
We were playing a pick up game at the park and it was a pretty chippy competitive game since the start. I was being defended by Person A, and I was backing him down all game long (he was talking smack and being extra physical guarding me). So on one possession, I backed him down and spun around him and went up for a easy lay up. As I went up, I felt a big blow come down on my head, forcing my neck backwards and I felt my top row teeth and bottom row teeth clank down on each other from the blow. I was pretty taken back by this and I told him it wasn't necessary, he had zero chance of blocking me, don't go for my head.

Next possession, Person A beats his defender and is going for a floater layup from the side base line, I am under the hoop just about, so I run out to contest the floating shot, and our bodies collide as I contest the shot. It was a hard foul. His momentum carried into me, and my momentum carried into him.

We both fell to the ground. He was shaken up, so was I. he made a big deal about it and got off the court as he is known to be kind of a big baby or sore sport. The game ended there people went home, and so I left also.

A few days later someone told me he actually called the cops. They came to the park as soon as after I left. I guess he filed a police report? Do I have anything to worry about? Being charged or taken to court?

After the game I found out he was only 15  (He looked much older, big hairy tree trunk legs, big gut, etc). (I'm 28).

Please let me know all your thoughts on this. Thank you

(location - New jersey)

Answer:
 The best course of action would be to move in with your auntie and uncle in Belair.Answer #2: Unless you are contacted by the police, you have nothing to do for now.

If contacted, consult with an attorney before answering any questions the police have.

It all sounds pretty harmless, and I doubt that anything would come of this, but don't go in unprepared for questioning.


Title: [NYC] gf's dad called the cops on me from Atlanta

Question: [deleted]

Answer:
 Yes if they choose you can be charged up to the statute of limitations which is years. It is unlikely that will happen

But you cannot keep someone from leaving. That is illegal and abusive behavior. You should talk to a counselor or therapist about your issuesAnswer #2: >I was never actually arrested, but is that the end of it? Can I be arrested and charged later? At first we both declined to make a statement, but I'm not sure if she made a statement later since they escorted her to her car.

Yes, and you likely should be.

To be clear, refusing to let someone leave when they want indicates you have some pretty serious emotional issues going on. Address those before they leave you in jailAnswer #3: In case the other commenters weren't clear enough, you cannot prevent someone from leaving. If she is drunk and has her car keys, you still cannot physically restrain her. Call the cops if she's going to drive drunk. If you want to talk, you can talk later when everyone has calmed down some.


Title: Do I need an amendment to my mom's will?

Question: (Houston, Texas) The executor and successor trustee of my mom's will isn't someone we are close to anymore. I am wondering if even though the will says, 'if the children are over 22 at the time of my death, they shall receive their share outright', do we still need to change the executor and successor trustee to someone more comfortable? Or the executor and successor trustee are nullified because my brother and I are already over 22? Just trying to figure out if we should write an amendment to the will to be safe

Answer: The named executor will still be the executor of the will regardless of that clause.  If your mother wants to change the executor, she can do that at any time by just writing a new will.


Title: Duty to rescue in Anglo-Canadian law (hypothetical)

Question:
Q. is a qualified engineer visiting KACC Laboratory, a chemical manufacturing plant.  Whilst there, he notices that a stopcock has been left open and is leaking HCN gas (which is odourless, colourless, and DEADLY).  He takes no action to close the stopcock, ventilate the room, or notify the person responsible; instead, Q. beats a quiet retreat and drives home.  Fifty people die secondary to hydrogen cyanide exposure; Q.'s omission/failure to act was however caught on the security system.  Does a cause of action in crime or tort exist?

My considered opinion is that it does not, as Q. did not create the hazardous situation, nor did he have a "special relationship" of any sort with the factory (he was a visitor, not an employee).  Were the roles reversed (i.e. owner of plant omits to save visitor), there would possibly be a cause of action, but such is not the case here.

Answer:
 >Does a cause of action in crime or tort exist?

No cause of action exists in crime or tort. However, professional engineers have a duty to public welfare that ordinary citizens do not. In a case such as this, a professional engineer may face administrative inquiry and possible sanction for failing to notify the person in charge, regardless of why he was there.


Title: The bank is investigating me for credit card fraud (TX)

Question:
Hi I turned 18 a little over 4 months ago and since March I've spent about 1000$ on what I believed to be my moms credit card. She had let me use it to buy pizza a couple times online and I sorta memorized the card number. Last week I was emailed that there were some disputed charges for multiple online purchases. I called her to let her know it was me. She told me it wasn't her card but it had her name on it. She said it was her husbands boss who opened the account and she had no power to call off the investigation.

I live with my dad and my mom lives an hour away.

I want to be honest with her husband's boss and tell him it was a misunderstanding and I will pay him/her back but she is not giving me their name, number, or email. She says she will call the bank on Monday and try to sort things out but I know the banks won't be very forgiving. I understand that the consequences are very severe.

What should I do?

Answer: You did in fact make unauthorized purchases which is a crime. So don't answer any questions to anybody about this even your mom


Title: [Update] Found HDD filled with CP materials (and some answers)

Question:
Hello everyone. I already posted this in /r/bestoflegaladvice, however I think I should post an update here too, so please pardon any repetitions.

Hello everyone, somehow I found this under the "Other discussion" section of my post, and I think I should answer some questions + give updates here.

First, updates: I talked with the police, walked to their station and talked with an officer immediately after I read your advices (good advices, by the way). The officer explained my options, and she said I would have a chance of being charged for theft (given that the computer was in front of the house, not in a garbage bin/dumpster). She advised me to talk to an attorney, and I'm searching online for any attorney that can give me advice at this hour right now. According to the officer, my options are:

- Do nothing (which I don't want to, because as Cypher_Blue said, I should do something)

- Return the computer (I'm afraid the owner can somehow pin this on me)

- Bring the computer in and go through with the process (1 risk - being charged for theft)

- Bring the computer in and leave it on the counter with a note, then don't come back (I think I should clean my fingerprints from it first, right?)

_This is not a troll post, I understand that a lot of Internet traffics are monitored (HTTPS makes things safer, but I'm really paranoid), that's why I decided not to type some keywords that might get flags by any monitoring systems (both in and out of reddit)._

Some of you from /r/bestoflegaladvice seem to be making fun or me, or even suspecting me of being a p*dophile myself. **I'm NOT**. This is not a troll post in any mean. Because I understand the gravity of the situation, I decided to seek for legal advice first.

> Also why the fuck would somebody pick up a randomly discarded computer?

I was interested in the computer case, as explained, I wanted to build some home server and I don't really have a lot of money, so any old/discarded parts can be great help. I went to a thrift store but they didn't have any old computer. Also, because it was old and abandoned, when I first got home, I took it apart and dust it off a little.

Picking something off from the garbage is not a crime, I think, however, because it was in front of the building, I am now more worried it can be considered theft.

About the 1 month delay, actually it was just 3 days. When I said "last month" in my post, what I really meant was "last Sunday". I didn't want to give too specific details in case someone might recognize the details. The stupid thing is I thought last Sunday was March 31st, and that saying "last month" would still be _technically_ correct.

The computer didn't have a cord on it or a keyboard, so today I went out to a thrift store and bought those two, that's why I was only able to turn it on on Wednesday (even thought I found this on Sunday)

> LAOP opened one or two files, saw something that looked to be CP and then kept on digging

Yes, I should have stopped then. However, the moment I saw that picture, I knew this involved some criminal activities, and I wanted to report to the police immediately, unfortunately, I wanted to confirm everything before I go in prematurely (that is also why I asked for advices here first as well).

> Nothing about this story makes sense. I don't want to believe people are this dumb

I totally agree, I was really dumb to pick this thing up, should have bought a computer from a thrift store somewhere. However, if it were from a thrift store, would it make any difference to my actions?

> Why do these people never go to the cops?!

I wanted to go to the cop, but I was scared that somehow the owner can spin this around and sue me for theft, and then the computer (which is an evidence) might be nullified. That's exactly why I seek for your advices first.

Edit: I'm in Philadelphia, PA (added according to request from the bot)

Answer: NAL so someone may be able to correct me on this - In order to get you charged with theft the person would need to admit that it is their computer. That's going to cause a lot of problems for them because the computer they admit to owning is full of child porn. So yes, it's a problem and you should absolutely talk to a lawyer but right now their best defense is "no idea who's computer that is officer, no idea why someone left it in front of my house" which means you're off as well.


Title: I got stopped for speeding and didn’t have a license at that time I have my permit now but Im still going to go to court tomorrow for the ticket

Question:
Will me having my permit do anything that maybe brings down the total of the fine? I heard it does, Or do I need the actual driving license?
Topic:
Traffic and Parking

Answer:
 Um, not having a license at the time of the violation and having a permit now will not help your case at all.  At all.

You could actually loose your permit over this.


Title: Why can a person sit in jail for 18 months before even going to trial?

Question:
This is in reference to this post: https://np.reddit.com/r/TrueReddit/comments/6qxfq8/she_was_convicted_of_killing_her_mother/

Some people mentioned in the comments that the Supreme Court of Canada has somewhat recently [set a hard limit](http://www.canadianlawyermag.com/6476/Playing-the-Jordan-Trump-card.html) on the definition of a "speedy trial" to 18 months. My questions are:

* Why does it take so long to get to trial? What's happening during this time?

* Why does the US not have a definition to a "speedy trial"?

* Are there any reparations made in the case where a person was innocent but spent more than a few months in jail awaiting trial?

Answer:
 See also the tale of 16-year-old [Kalief Browder](https://en.wikipedia.org/wiki/Kalief_Browder), who was accused of stealing a backpack.

He spent 3 years in Rikers without trial, much of it in solitary.

See also the injustice of the cash bail system.


Title: Would it be legal to take out life insurance on someone if they alerted you that they would be committing suicide soon?

Question: Weird question but if a friend or family member said hey in a week I'm going to definitely kill myself, I don't want anyone to stop me, would it be legal to take out life insurance on them?

Answer: Another issue is that you can usually only get life insurance on someone if you have what's called an [insurable interest](https://www.valuepenguin.com/insurable-interest-life-insurance) in that person's life. You likely have an insurable interest in your spouse (your family finances will be significantly impacted if your spouse dies), and may well have one in business partners, key employees, people who owe you money, and so on. But you usually don't have an insurable interest in friends and non-immediate relatives; you can't just be "wow that Mrs. Smith really didn't look too good when she came in the store to buy hard candies today. I'm going to buy some life insurance and bet on her death."Answer #2: Maybe. But usually life insurance has a term that you won't get paid if they commit suicide within 1 year of the insurance being purchased


Title: Lawyers/police of reddit...i'm trying to get out of a parking ticket...but wait! Theres more!

Question:
A while ago I got a parking ticket for being at a meter that had run out of time. Pretty simple, right? Well...I got the ticket while I still in the vehicle. Granted, I was in the back of the vehicle (I drive an SUV so theres lots of space with the seats down) and, if it matters, i was totally conscious. Not drunk or high or asleep or anything.

Do I have any kind of case? I've plead "not guilty" and received a court summons. Should I go in and say okay or tell the judge I was still there when I was ticketed?

I live in and got the ticket in Southeastern Pennsylvania

Answer:
 Why do you think you being in the car makes you not responsible for paying for parking?

You were parked. You didn't pay. You got a ticket.Answer #2: I don't understand what you could possibly have been doing in the backseat for 15 minutes that was so involved you didn't notice someone giving you a ticket.Answer #3: Spoiler alert:  judge finds you guilty.

Pennsylvania Title 75 which regulates vehicles defines

>"Park" or "parking." (1) When permitted, means the temporary storing of a vehicle, **whether occupied or not**, off the roadway. (2) When prohibited, means the halting of a vehicle, **whether occupied or not**, except momentarily for the purpose of and while actually engaged in loading or unloading property or passengers.

[edit:  oops formatting]


Title: Sisters have a restraining order. What happens if our parent passes?

Question:
Location: MN, USA

There's Sister A. Sister A has a restraining order against Sister B. It was renewed last year for another 50 years. She is an adult.

Then there's Sister B. She's 16, was diagnosed with Personality Disorder, and has been going to therapy and different treatments to learn how to cope with things and hasn't had a problem since the initial restraining order tqo years ago.

Our parent isn't doing too well and in,  2014, was diagnosed with ALS. I keep hearing that Sister B cant attend the funeral if they pass.
Is there anything I can do? We've had to have seperate weddings, holidays and parties and I don't think anyone's really comfortable with a second funeral.

Edit: Thanks for all of your advice and help!

Answer: You would need to get an emergency exemption. Other than that, it's strictly too bad.


Title: Would I go to jail for this?

Question:
I’m not sure if this is the correct sub but let’s say I discovered a glitch in a cashback app which gives me free money without actually having to spend anything. And then I abused the glitch over and over, not to get tons of money but just like a hundred bucks. Is this reaaallllyyy bad? I discovered it on accident so if I was ever caught I’d have a legitimate excuse. But I have an active imagination so this kind of worries me. Please don’t get too mad at me I’m just a teenager!!

Thanks for reading!

Answer:
 It is fraud, and can be a jailable offense depending on how you are charged. It can also fall under at least two computer crimes that I can think of off the top of my head. It is not small potatoes.

The fact you are "just a teenager" are not relevant as you are long past the age where you understand right from wrong, so you do not have a defense of no mens rea. (Criminal intent)

The fact it is a glitch is also insignificant. It is no different than being in a store and noticing a cash box left open and unattended.

I am not sure if you assumed companies don't notice where money is going or what caused you to keep repeating a trick to allow you to rack up $100, but that goes far past a point they would think it accidental. There is a very high chance of them discovering it.

If the police contact you, call a lawyer before you speak to them. That is really all anyone can advise you. Your imagination should have kicked in as soon as you noticed it, as yes - this is "adult serious fuck up" territory and not something that could be brushed aside as a childhood error. Don't spend the money as paying it back may be your only ticket out of serious problems.


Title: The Vancouver Aquarium claims they are the rightful holder of any photos taken on their premises - is this even legal?

Question:
According to their [policies](https://www.vanaqua.org/visit/policies/photography), the Vancouver Aquarium claims they're the rightful holder of photos taken on their premises.

I saw this on their page when planning a visit and didn't think that a venue could claim rights to photos they didn't take. Is this legal?

Answer:
 You are entering a private venue. They do get to make rules about your use of their private space. Answer #2: They can prevent you from taking pics. They can't claim copyright on these pics, whether they were taken according to their rules or not, unless you somehow signed a copyright assignment. They can, however, take you to court over taking pics against their rules (whether such lawsuit will fly is a different question).Answer #3: Apparently this policy has been the subject of a [long series of public legal battles](http://www.cknw.com/2016/05/25/maker-of-vancouver-aquarium-uncovered-granted-right-to-challenge-bc-supreme-court-ruling/).

TL;DR: Although it looks like the courts initially decided for the Aquarium, the defendant was recently granted an appeal, so it's still being decided by the courts.


Title: Car undercarriage destroyed by road debris.

Question: If this chunk of metal is from a road crew, and I can find out who it is, what next? Could they be responsible for any of the losses? Texas.

Answer:
 Sure, whoever left that there may be liable for your damages. It's going to be tough to prove, though.

This is why you have insurance. Hopefully your deductible isn't too high.


Title: UPDATE: (NY) Landlord has erected large political signs in front yard.

Question:
First off I want to thank everybody for your help. You made me realize I had more options than I thought!

Soon after I moved the signs I found a letter in my mailbox with basically a petition signed by a bunch of local parents asking me to take the disturbing sign down because their kids walk by my house on their way to school. This is exactly what I was worried about in the first place- people associating me with the signs.

Soon after *that* my landlord emailed me back saying he has a right to have them up because they're "fixtures, like fences" and he is allowed to erect fixtures in the lawn. I ended up getting a big sign printed apologizing for the last signs and saying I was not the one who put them up and I do not condone them, to try to remedy my reputation with the community. I also wrote the same in a letter to the parents who sent the petition.

As for my landlord, I paid a lawyer to write him a letter telling him that I have a right not to have these things in my yard, that it's disrupting my life, etc. My landlord came over all huffy but he did remove the signs. Things seem to be back to normal. Thanks again everybody!

Answer:
 [Original post](https://www.reddit.com/r/legaladvice/comments/6zfcrl/ny_landlord_has_erected_large_political_signs_in/)

For those interested, discussion is ongoing in the bestoflegaladvice thread [Landlord forced to abort political signs](https://www.reddit.com/r/bestoflegaladvice/comments/73ijfc/landlord_forced_to_abort_political_signs/).


Title: Police found my fake ID

Question: Okay so I went to a bar last weekend and I guess I must’ve dropped my fake on the ground because my mom just got a call from the police saying that I have a fake ID and she has to go to a meeting with them or something. I’m wondering how they got my moms contact information and how they even found it and what consequences I’ll be facing from it.

Answer:
 >  because my mom just got a call from the police saying that I have a fake ID and she has to go to a meeting with them or something.

No she doesn't, and neither do you. Nobody should say anything to the police without an attorney present. She is absolutely not required to talk with or meet with the police.


Title: Neighbors have made little to no preparation for this Hurricane, what can be done if their property ends up causing damage to mine? (NC)

Question:
As the title suggests, some of my neighbors have made little to no preparation for Hurricane Florance. They have children's toys, bicycles, and other objects like trash cans out in the open. Some of my neighbors and myself have been very diligent in preparing for this event by clearing and securing every object that would cause damage to the home or anybody else's property. We do not own our homes, we are renting from the same company that owns the development.
The new projections have the hurricane going slightly South of us now, but we're still slated for sustained winds up to 70 mph and gusts even higher. I think with the track of the storm being adjusted South, my neighbors seem to think that we won't get hit at all. In fact, we just spoke with one that asked why we were securing our stuff, that we are "only" supposed to receive 50 mph winds (the lowest end of the projections).
My question is, if and when the neighbors trampoline or trashcans come barreling through my windows or into our vehicles, is there any legal action that can be taken against them for failing to secure thier property?

Answer:
 Your landlord's homeowner's insurance will cover any damage done to your place.  Especially from debris flying in from your neighbor's yard.

Your renter's insurance will cover any of your personal property.

Your car insurance will cover your cars.


Title: Neibors claim we stole their AirPods from their car. Shows their location to be right on our house when they showed us. None of us have it. They’ve threatened to call the cops. What should we do?

Question: Just for reference we all already own AirPods and he claims they were taken from his car 2-3 days ago. We gave him our contact info and told him he’s welcome to take a look around the house.

Answer:
 Tell them to go away. If the cops come, tell them you don't have your neighbor's property, and nothing else.

Generally those "Find my device" things for Apple products aren't anywhere near accurate or reliable enough to get the police seriously interested.


Title: [FL] Mortgage broker asked me to 'fudge' the numbers on a profit loss statement.

Question: I'm already approved by the mortgage company but they plan to sell the loan. Could I get in trouble for falsifying a profit/loss?

Answer: Yes, absolutely.  It's fraud.


Title: Is it illegal to pay by room and not by the hour while doing housekeeping work?

Question:
My gf got a job today and told me she gets paid 3 dollars a room and she doesnt make hourly wages. It takes her about an hour to do 2 rooms right now. This is way less than minimum wage but she said she signed a contract stating thats how much she is ok with making. She also told me if a guest complains about a room that the guest gets a discount and the cost comes out of her paycheck. Is any of this legal, seeing as she signed a contract? What steps can be made to fix this if it is illegal?

This is Oklahoma, USA

Answer:
 If she is making less than minimum wage then contract or not it's illegal.  She could complain to the state where you are about it.

But I would probably start looking for another job if it were me... That's not someplace I'd want to work.Answer #2: Unless she falls under some other exemption, she needs to be paid at least minimum wage. BUT that doesn't mean she has to earn at least $7.25 every hour she works, it means she has to average at least minimum wage for the workweek. So it would be totally fine if, for example, she worked 7 hrs today, cleaning 1 room per hour, and then 7 hours 4 other days, cleaning 3 rooms per hour, because she'd get $273 for 35 hours of work, averaging at $7.80.

She'll be making minimum wage as long as she averages about 2.5 rooms/hour. If she's doing 2 rooms/hour on her first day, it seems like she should be able to get to 2.5 pretty quickly.

I'm not sure about the deductions. It looks like OK allows deductions for [broken/lost merchandise or cash shortages](http://www.employmentlawhandbook.com/wage-payment-laws/state-wage-payment-laws/oklahoma/#6) if the employee agrees in writing and the employee is soley responsible. This seems pretty similar. She'd still have to average over minimum wage. Answer #3: It probably isn't, but you don't seem to have mentioned what state or country she's working in.

Edit: Wow, I beat LocationBot to the draw!


Title: Unlawful detainment

Question: [deleted]

Answer:
 Goddamn TV ruins everything.

You are not entitled to be 'read your rights' unless you are being arrested and interviewed.

Police are entitled to do a Terry search of any person temporarily detained to ensure they have no weapons on them (that would be the bag search).

Basically, you had a standard experience with police rousting drunks. I'm assuming - given your blackout intoxication status - that your memories of the event are somewhat hazy.

You can try to file a complaint with the local agency, but part of your statement will include the fact that you were close to blackout drunk at the time, which will generally destroy the credibility of your statement. Otherwise your best course of action is to get clean, stop watching so much Law & Order, and count this as a learning experience.

You can also look at this as the cops doing you a favor. Rather than writing you (which they could have done), they are counting on the shame and guilt delivered by your mother to put you back on the straight and narrow. While this may cause you to hang your head in shame a bit, it's a helluva lot cheaper than having to make a court appearance for a disorderly conduct citation.Answer #2: You can be detained if your intoxication makes you a danger to yourself or others.

Were you taken to jail?  A hospital?  Released at the scene?

There is no information you have presented which supports the idea that the police did something wrong.


Title: Is it illegal to break into my house if I’m a minor?

Question:
My mom locked me out of the house after I left to cool down after we got into an argument and now she won’t let me back in. I’ve called the cops twice and they aren’t doing anything besides knocking on the door and calling her cell if I could get a response ASAP that would be nice

I live in Wisconsin if that helps anything

EDIT: Thanks for the help. I’m in an awkward place right now with this whole situation but I got everything figured out

Answer:
 Can you tell if she's actually home? (Is her car there, are the lights on, ect?)

I'm going to advise against breaking into the house at all possible- if only because breaking into a building with someone who's made it clear you're not wanted is likely to escalate to violence.

Call the police again. Tell them that you've been locked out of the house after an argument with your mother and that she's not answering her phone or the door and that its been \[x length of time\]. Tell them that you're afraid and that you need help.

When an officer arrives ask them to help you find someplace safe to spend the night because you think you've been kicked out- even if it's just the police station. Tell them what you told us.

If they still don't help contact friends and family and see if they'll come to get you and let you spend a night.


Title: Orthopaedic surgeon told me the shoulder replacement he installed ‘may be the wrong size or placed incorrectly or I may have other rotator cuff injuries’ I want it replaced and the burden of rehab to be on the surgeon. Can I expect this?

Question: Baltimore, MD USA-August of ‘15 I had finally had enough of the sporadic pain and limited motion of my right shoulder (dominant) and upon x-ray it was revealed I had no remaining cartilage in the glenoid was gone.  The surgeon recommended a hemiarthroplasty removing my upper humerus and retaining the glenoid cup. I endured six weeks of shoulder immobilisation and over five months of PT when at the last monthly review with the surgeon he told me about the issues. I was shocked as I had endured far more pain than before the surgery. I now have a new orthopaedic surgeon who informs me the only option to repair this is a reverse arthroplasty and more rehab and immobility. The surgery will also reduce the lifting ability of my arm and have to be repeated depending on the length of my life.  Can I ask the original surgeon to compensate me for the work I will miss and loss of use?  Thanks to responders.

Answer:
 You need a medical malpractice attorney to review your case. In general it will depend upon whether (in the opinion of other experts in joint replacement) the possible error in sizing was a forseeable error in surgical judgement.Answer #2: I expect that most folks don’t fully get how medical malpractice works. Tort law requires : 1) malpractice to have occurred 2)the malpractice led to a specific harm.

That doesn’t at all mean that bad results are recoverable. So if 1% of all should surgeries require revision , and you are in that 1%, you get nothing.  Also, speaking medically now, “you want it replaced” but does a second expert agree that you even need replacement?

If you feel you have legal grounds for a medical malpractice suit, by all means (now or ever) consult a lawyer who specializes in same.


Title: Fighting a speeding ticket for going 5 mph over the posted speed, but more details in the post.

Question:
**This took place in Minnesota.**

* Hi /r/legaladvice, I received a speeding ticket for going 42 in a 30, but when the officer talked with me, he said that he was only going to make it 35 in a 30.
* A couple of things... I never saw the radar/lidar gun, but I never asked for it.
* I was never asked why I was stopped. He just told me that he stopped me for speeding.
* He asked me if I knew what the speed was where I was, and I said "no", but I was nervous.
* The officer was parked after I went by, then I heard the sirens. This indicates that he was stationary and recording speeds.
* The officer told me that there were complaints of speeding in the area, so that is why he was there.
* The citation didn't indicate what was used to stop me, and I haven't done a follow up to see.
* The citation is for 126 bucks, which is pretty expensive since I have had my hours cut at work. This is like half of what I make in a week. I am living on a shoestring budget with my girlfriend. I haven't gotten a better job yet because I have my last class for my bachelors tomorrow and I am just working a stepping-stone-job to get by.
* I gave him an expired insurance card, not realizing it was expired. He told me, so then I showed him the one I had on my phone in the app for my insurance and he accepted it.
* I called the court and set up a day with the hearing officer.
* I spoke with a cop that came to my work, at the restaurant, and he said that the ticket was bullshit and that I should fight it. He also said that the county (Ramsey) is pretty bogged down and doesn't have a lot of resources to fight cases like this. Therefore, he said I would have a pretty good chance of them cutting me a deal.

Questions: What do I do now? Do you think I have a chance to beat this? Has anyone been in a similar experience? Am I fucked? Can I use State of Minnesota v. Gerdes (1971)? Can I ask the hearing officer to give me some community service, like cleaning a church? When I go in, do I have to tell the hearing officer that I am not guilty and that I wasn't speeding?

In my defense, I was going to say that I briefly accelerated so that I wouldn't miss my exit. I can try to find exactly where this occurred. I am putting together my legal defense. Also, can I bring a manilla folder that would serve as a memory aid so that I can use it in case I get nervous and possibly forget things? My driving record is clean, besides this ticket.

THANKS!!!

Answer:
 Do you have a chance to beat this? Not really. You were speeding, correct?

If you're a first time offender you can ask for leniency, you may just get it.


Title: State police pulled me over and searched me with no probable cause (Massachusetts)

Question: [deleted]

Answer:
 Your version of this story is all we have here, so an assessment of whether he had probable cause to search can't be made with certainty.

Generally speaking, if you were actually speeding and wouldn't let him pass, that is enough probable cause to pull you over. If he thought you were acting strange (likely due to your statement that you were "just driving around"), and depending on where you were, what he may or may not have seen in plain view in your car, etc., he arguably had probable cause to search.

Cops are given wide latitude when determining probable cause.


Title: Tenant who lives above me switched off my mains fuse after some text message complaint about her lights @ 11:30pm (I'm her landlord) | NSW, Aus

Question:
*Thread has been updated, see at bottom

Hi there,

I have a tenant I allow to lease the upper part my house through an estate agent. I've grown tired of this woman and want her to leave so I've got someone else lined up to take over the house.

Except there's a problem, The lease term ended and she is still here off contract (i gave her till end of january to sign one, but now i just want her gone) and now as far as I understand it I have to give her 90 days notice before kicking her out.

I regret giving her my contact number so very much, it was intended that she only contact me for matters such as ("hey i forgot to take my bin out, would you mind?" or "your music is loud and my children are trying to sleep so please could you turn it down a bit") etc.

Instead she uses it to complain about random things such as her rent, the neighbours paying less /week than her, the non-fact that she can't get contents insurance because we live below her (we checked, and insurance companies don't care if you live in a house with 12 other unrelated people, you can insure just your room if you want). I've had to remind the tenant through my agent that she is misusing my contact number by making complaints through it numerous times.

Anyway, so tonight I'm pretty pissed off because she made some kind of rude complaint that I've interpreted as the fuse her lights run on going out apparently once a month. (11:20pm) (Something she has literally never mentioned before)

I was confused at first because I thought she was complaining that I turned on a light down here and the light was annoying her or something. Remember that we have already told her and reminded her, through our agent, that she cannot contact me for maintenance and repair matters and has to report those directly to the agent.

But I played it calm and polite trying to work out what she meant.

She responded by being what I interpret as being condescending.

I still don't really understand, (I've just finished playing a drinking game while watching old eps of Full House) so I just tell her that I'm not getting it and to report it to the agent when she can.

Then she tells me that the fault is with the fuse box and she always has to fix it. (seemingly implying that because we have separate electricity this is happening).
Then immediately, the power in my section goes out and I hear the sound of the fuse box lid closing.

She switched off my my mains fuse, as some kind of revenge for her fuse breaker being tripped by whatever fault we just found out about, I don't want this woman around anymore but I definitely don't want her to get away with stepping this far out of line. She's supposed to be a primary school teacher and a mother, all im seeing is a batshit crazy overgrown child who I don't want living in my house anymore. (you probably need more context to get the full picture of how i formed this opinion)

What can I do?

Is there any point talking to the police about her illegally shutting off my power? Would this just escalate things and cause more problems?

I'll obviously be contacting my estate agent asap, even though ive found them to be mostly useless so far, but it's the weekend atm.

~~does this constitute harrassment enough to give her zero notice eviction? (i'd keep it to two weeks regardless,~~ i just don't want to wait up to 90 days)

[The conversation](https://i.imgur.com/1V6npdG.png)

Update:

Spoke with my agent.

Tenant is being given notice this afternoon.

 90 days notice required.

Family friend will be signing contract similar to tenants lease, sans estate agent fees, sans estate agent entirely.

Glory to Arstotkza

----------------------------------------------

I feel like a jerk, but those who punish their landlord by switching off their power for something that is 100% not their fault, are too childish and unstable to be allowed to stay.

Answer: You have an estate agent, this is part of why you pay them to manage your property.  Basically, tell them you want the person out.  It may very well take 90 days, but they'll eventually be gone.  This is really something you should be talking with them about.  Sure, people here can offer advice, but they'll be privy to all the facts, plus this is what they do for a living.


Title: [CA] Turn off roommate's utilities

Question:
Lease ends late July. I am one of several roommates on a lease that ends in late July.

I am also currently the one who handles all utilities (gas, electricity, trash, etc.) and they are all in my name. I pay them off each month and am repaid one (sometimes several) week(s) later. If I move in late June, one month before the lease expires, am I fine to shut off all utilities with or without notice to roommates?

If notice is required, is 24 hours acceptable? Note that I am not their landlord, simply a roommate, and would just tell them to go sign up for the same services in their own name(s). I am not breaking my lease, will pay for July rent, and would leave on good terms with the landlord.

Thank you for your help.

Answer: The civil thing to do would be to transfer the utilities ahead of time to someone who plans on staying there. If you are all leaving at the end of the lease period, then have them shut off on the last day of the lease or talk to your landlord about transferring them to the landlord.


Title: [OH] Lent money to a friend entirely predicated on the promise that she would pay me back when she got her tax return, now actively ignoring me.

Question:
Hello legal friends! I will admit immediately that I am wholly ignorant on legal matters, so before consulting anyone, I decided to come here for advice first. Apoligies for any formatting weirdness, as I am on mobile.

A couple months back, an old friend and I came to an agreement that I would chip in here and there on her bills and such to somewhat ease her burden of being a single mother of two. We have been long time friends and figured it wouldn't be that big a deal to help her out here and there. She assured me that she would pay back what I helped her with. At first it was making sure her power didn't get cut off, helping her with rent, things like that.

She eventually started to ask for money for more, and after a brief phome conversation reminding her that she was supposed to pay me back when she got her tax return. She once again agreed, and I said as long as it was sensible and she did indeed pay me back, that I didn't mind. After a couple instances of basically demanding money from me, I told her that I "was not her sugar daddy", to which she replied that I was. To be clear, I did not sign up for that. I shortly after called her to explain this, to which she replied with offering sexual favors. Full disclosure, I considered it, but declined having sex with her.

Cut to a couple weeks later and her friend texts me from her phone. Turns out she ended up in jail for driving on a suspended licence (which I had no idea about.) I was asked to post her bail. I acquiesced to this request, once again under the assurance that I'd be paid back for this as well.

The day that she was supposed to pay me back, while supposedly on her way, she was once again pulled over and once again jailed, and I was once more asked to pay her bail. Considering she (supposedly) had all the money on her at the time, I asked her friend why they couldn't use that, to which the reply was it was locked up with her possessions. Admittedly, I didn't have a frame of reference for whether or not this was a thing, so I once again bailed her out. They have gone completely dark after this, and my finaces are hurting significantly at this point. As a note, I have text messages of this entire situation, both showing the agreement to pay me back, as well as her offers of favors. I gave all of this money willingly on the premise I would be getting most of it, if not all, back. I realise, in hindsight, that was pretty freaking stupid, but hey, here I am.

So, my question to you, what would be the best course of action? Should I look into a lawyer to chase this down? I don't necessarily want to escalate this to what I think would be a civil case, because it would come to light that she essentially prostituted herself to me. I don't know if it would, but it might get her kids taken away. However, the amount has reached a point where my already meager savings has become minimal, and I have bills to pay. Any and all advice, aside from "In the future don't do that, idiot (I know), would be grestly appriciated.

Thanks for reading!

Tl;dr : Old friend needed help with bills, I offered to help on the agreement that I be paid back when she got her taxes, things escalated, now she ghosted me, what do?

Answer: You're not going to see that money again. Even if you win in court, it doesn't sound like she'll have anything to collect.


Title: [FL] - Ex-wife violating the parenting plan by denying visitation, what can I do?

Question:
We're in the Tampa area. Ex-wife has been spiraling out of control for over 3 years now. She's wrapped up in drugs and recently quit her job to be a full time stripper/sex worker. I was supposed to pick up my son tonight but when I got to her house no one was there. I called her cell phone and she said she was in the car heading to Miami and wouldn't let me talk to our son. I called the Sheriff's Department but they say it's a civil matter and I'll have to handle it with the court. The Deputy tried calling her cell phone but she had turned it off.

We have a signed parenting plan that states everything about how she has to notify me in advance of any trips, that he is to be ready for me to pick him up, when my visitation is supposed to be, etc but evidently none of that is enforceable by the Sheriff. I already have a motion filed to limit her travel with him but our court date isn't until next month. I can speculate why she's going down there but unfortunately there's nothing I can do and without proof I can't really call Miami PD for help.

I'm a Pro Se litigant and she has deep pockets because her industry is profitable so any advice/direction would be greatly appreciated

Answer:
 Not that it will do much for you, but the sheriff is full of shit.  Interference with child custody, even by the "custodial" parent is a crime in most states, including Florida.  See Florida Statute 787.03.  It is entirely enforceable by the sheriff but they choose not to bother.  Oh, but miss a child support payment and just see what mayhem will follow.

&#x200B;

Anyways, enough of my ranting.  In your court hearing next month, bring a motion for contempt.  Between now and then, document, document, document.  On your next day of visitation, show up wherever you are supposed to pick up your son - I know, it's a fools errand - and have her not show up.  Pull out your phone and video it.  If you can bring a witness, great.  Then buy a candy bar and keep the receipt at a nearby store.  The receipt will prove you showed at the requisite times.   Rack up about three or four more of these and give it all to the judge.


Title: Moved, but old tenants appear to be keeping/throwing away our old mail.

Question:
Hi guys,

My wife and I moved out of our old house (leased) about a year ago. We filled out change of address forms and notified our family, but I found out recently my grandmother and an aunt had been sending gifts, cheques, and cash to the house to celebrate my daughter's birth (unfortunately the first envelope was sent shortly after the forwarding request elapsed). As far as my grandmother knows none of the cheques were cashed (which, unfortunately for her mental state isn't absolute), but not a single letter or package was returned to sender. I verified that the address they were using was correct and matched the residence.

I called my former landlord about this, but he said it was out of his hands. We also had a family member stop by and (amicably) ask the residents if they had received any of our mail my mistake, but both times the residents hadn't answer their door. Beyond the cash, several homemade gifts were sent as well, which I was really looking forward to my daughter appreciating, especially since she will likely not grow up to know her great-grandmother.

Am I S.O.L. or is there any other recourse here?

Answer:
 Stop by your local post office in person and ask to do another change-of-address form, but request the paper version. Explain the situation with the new residents tossing your mail, and see what they can do about it -- you might need to speak to the post master to accomplish anything, but the post office takes matters like these seriously. Unfortunately, if the new residents tossed your mail, it's unlikely they'll be able to recover it.

Also make a point to notify all of your friends and family about your new address. We typically send out "we've moved" postcards with our new address, so friends and family will have a physical copy to keep in their address books. Answer #2: It sounds like no one has actually been able to speak directly with the current tenants - is that correct?

A practical suggestion: do everything you can to make it easier for them to return your mail. If you're no longer in he area, mail them a letter to introduce yourself and explain the situation. Provide your contact info and offer to set up a time for someone to pick up your mail when it's convenient for the tenants - the new tenants may mean well, but may not be in a hurry to bring your boxes back to the post office for you.

Consider printing and sending them a couple sheets of labels with "no longer at this address - please forward to [your new address]" on them to make it easier for them to forward mail in the future. As someone who still gets a TON of mail addressed to the previous tenants, that step has been really helpful.


Title: [CA, LA] I didn't run a red light but a stoplight camera took picture of me but I havent gotten the ticket in the mail. If i do get it, can i fight it?

Question: The reason i know it was me is because i moved one inch forward and stopped then I saw the flash hit me but i was still behind the white line. If i do get a ticket in the mail how do i fight it knowing i didn't do anything wrong. There were 2 people in the car with me as witnesses.

Answer: When you get those tickets they usually include a photo of you going through the intersection. If you didn't do anything illegal you will probably never get a ticket so forget about this unless you do.


Title: [Blacksburg, VA] Are landlords responsible for water bills?

Question:
Hi, I'm renting a house in Blacksburg where my landlord will be making the tenants pay for the water. I was under the impression that tenants aren't responsible for paying water bills in Virginia, though I went ahead and signed the leasing agreement which said,

>Utilities.  Lessee shall be responsible for arranging for and paying for all utility services required on the premises, except that NONE shall be provided by Lessor.

The Virginia Residential Landlord and Tenant Act states that the landlord shall
>Supply running water and reasonable amounts of hot water at all times and reasonable
air conditioning if provided and heat in season except where the dwelling unit is so constructed that heat, air conditioning or hot water is generated by an installation within the exclusive control of the tenant or supplied by a direct public utility connection.

I wasn't sure if this meant that they have to pay for it or just allow water to be readily available to the tenants. Other landlords had told me that the water was "covered by the city," which didn't make sense to me, but I didn't question it.

The reason I'm asking is because my dad told me that I'm an idiot because landlords are supposed to always pay for water in Virginia.

Answer: You're misinterpreting the law. They have to *supply* water, but they don't have to pay for it. I've paid for water in every apartment I've had in VA. It's very common.


Title: Corporate Landlord suddenly adds >$100 in charges due to "Utility billing discrepancy" with no advanced notice and with 5 days to pay.

Question:
Hello LA

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I am a renter in the state of Pennsylvania, and my landlord is owned by a corporation that oversees dozens of properties. I receive a paper bill and can pay online. When I received the bill for this month's rent I noticed that my bill rose over $100 than what I had budgeted for.

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My rent charges include electric, water and gas. Water is static at $63/mo as a "flat rate utility charge" then I pay for reading on electric and gas usage. I inquired about the additional charges which appeared to be Gas charges from previous months, dating back to September of 2018. My gas bill went from being \~11-15$/mo to over 60$/mo. and now they are tacking on almost $50 more in charges due to a "discovered billing issue" with gas bills.

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There was NO advanced notice of any discovered billing discrepancy, they just added the charges and hoped no one would notice.

&#x200B;

On top of all of this, the paper bill is $8.00 different than the same bill online. I keep asking about what is going on and why are they different and I have yet to receive a straight answer.

&#x200B;

My question is, am I SOL here? I need to find my original lease when I return home from work to determine if there's anything there that can help, but the lease I have is over 6 years old and I am sure has changed since during one of my renewals. To renew the lease I actually do not have to sign anything, to accept the renewal, I simply do nothing so now I am worried that something was snuck in since the original, signed, lease that effectively allows them to do this.

&#x200B;

Do I have any leg to stand on here, or am I screwed?

&#x200B;

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Answer:
 OP- If your lease says you pay utilities, and there genuinely was a descrepency in the utility billing (such as a utility company came out to read a meter and realized you were being undercharged) it's absolutely fine to expect you to pay the amount.

Does your paper statement have contact information listed on it for a company that isn't your landlord? Many landlord's outsource the management/billing of utilities to 3rd parties (Conservice, American Utility Management \[AUM\], and Yardi Energy Services \[YES\] are the three biggest providers of these services). If that's the case, you should be directing questions about the bill to that 3rd party.