Title: Apartment now says they won't allow pets in tiled units when I tried to pay the pet fee, wasn't in lease

Question:
Hello,

I'm in the United States, in Tennessee.

I've been in my current apartment for five years, and have had basically the same lease terms for those five years (renewed yearly).

My girlfriend needed to get out of her current living situation, and I offered to let her move in with me (along with her cat) at or around the beginning of August this year. In early May, I went to go pay the required Pet Fee and pick up any other necessary paperwork, as required in my apartment's lease, and was told that I couldn't pay it because they don't allow pets in tiled units. My building has both tiled and carpeted units.

Nothing in my lease said that pets were disallowed in tiled units, and when I originally rented the place I asked if pets were allowed (since at the time, I was considering getting a pet til health issues popped up). I picked this apartment complex *because* pets were allowed, in fact.

When I explained the situation to the leasing office, they told me that pets were not allowed in tiled units, and that two carpeted units would be available "middle of July" and that I'd get my pick, and to check back with them at the middle of July.

They would not allow me to pay a pet fee for my current unit at the time, nor would they allow me to submit an application for the new unit or pre-pay the parking fee for it.

When I went to ask about them on July 16th, I was told that maintenance had been busy with some problems and didn't have them ready, and to check back later.

I've asked them periodically since then and kept getting brushed off. When I went to talk to them today, I was told that there were no units available at the moment and the two units they mentioned had been rented out.

I'm on a yearly lease and it's up in November, and at the moment I'm angry enough to want to break it now and start looking elsewhere.

What, if anything, are my options?

My girlfriend *has* to get out of where she's at now, and I'm going to be asking a friend to temporarily house the cat and having her stay with me, but no one's happy with that at the moment.

I'm willing to pay to break my lease early and move elsewhere, as their actions have basically destroyed any trust I had in them.

Probably my own fault for not getting the "new unit" thing in writing, I suppose.

I can provide more information if need be, this is my first post here.

Thank you!

Answer:
 Your lease should state if pets are allowed or not allowed. If the lease doesn't clarify, then it's up to the discretion of the LL. They can say no.

The elephant in the room is, if you specifically got this place because pets were allowed, why did you not include a clause in your lease. The terms of your lease don't have to include everything but they should have the stuff that is vitally important to you living there. If it was that important, it should have been included. Answer #2: >What, if anything, are my options?

There isn't any reason to think that you necessarily have options.

If your lease today does not allow pets, but allows them upon management approval or completion of a pet addendum, unless your lease has very unusual language *requiring* landlord to grant that approval or addendum, you're probably stuck.

The fact that pets may be allowed in *some* circumstances doesn't inherently compel your landlord to accept them in *any* circumstances.


Title: The building my small coffee shop is in has been bought and will bee demolished soon. What can i do to protect myself and my business?

Question: The building just got bought by a big developer and they want to tear it down and have a new building with retail on bottom and apartments on top. They sent us a letter explaining that our lease is terminated and we have until April 12 to move out. I feel like we are getting a very raw end of the deal here, as they aren't buying us out or helping us in any way to move into another space. Is there anything i can do to combat this?

Answer: Just to tack on. If your lease is valid they'll probably be willing to pay a decent sum to get you out early. You're leaving in 2017 no matter what. So start looking for spaces anyway. They can probably make it worth your while and you can turn this into a good business opportunity rather than a trainwreck.


Title: [NY] Preventing a school bus from it's route

Question: [deleted]

Answer:
 He wants to leap in front of a bus? I wonder about his mental health. Maybe he should be kept for observation by a trained psychiatrist until he's no longer a danger to himself.

Okay, all joking aside, though, the most this is going to do is antagonize the bus driver and maybe lead to a citation for obstructing traffic if a cop sees it or if he stays in the road so long that the bus driver calls the police.

There's presumably a system in place for determing the bus route and stops, and it doesn't operate by having people stand in traffic until they get their way.


Title: (FL) Someone called CPS on me for a non-existent pregnancy, now CPS wants me to get a blood draw and an ultrasound.

Question: [removed]

Answer:
 They want you to pay for it?  That seems odd.

Are you sure they are with cps?  Look up the main office number and give them a call (dont use any card the person gave you to find the number) and confirm this person actually works there.

It seems really odd that based on a single report, they can force you to pay for both a blood test and ultrasound.  That sounds WAY abusable. Answer #2: You are not actually required to get prenatal care and homebirth is legal.Answer #3: > I pointed out that I'm obviously not pregnant

That's not immediately obvious from a visual inspection.  Lots of women get pregnant and go to term without having obvious visual signs.  Hell, they made a TV show about it.

Your options here are to either get the test, or to hire an attorney to evaluate your options with CPS.  CPS has wide latitude to investigate things like this, although I can't say whether they have the right to order this specific test.  Answer #4: This is why I don't even answer my door unless I'm expecting guests.


Title: Landlady claiming cat urine smell that no one else detects, will likely attempt to withhold security deposit. Advice?

Question:
Hello, r/legaladvice. My wife and I are preparing to move out of our current apartment (MA) and our landlady performed her first walkthrough on March 18th. My wife was the one there when the walkthrough was performed, and according to her, our landlady stated the apartment was fine and put it up on the market (we know this because we were contacted by two real estate brokers about it).

Two weeks later, we are applying for our next apartment (also MA), and we needed to provide a "landlord verification" (in other words, landlord reference). I asked our landlady to provide some information so our new place could contact her, and also asked if this was okay. The text I got back stated this:

"I wanted to talk to you about the apartment.  I have been reluctant to list it. I did a walkthrough a couple of weeks ago and it doesn't show well. I'd like to list it so it can be rented but it had an odor from the cat and frankly needs to be cleaned up."

We do have a cat, and are aware that there might be odors we are not noticing because we are used to it. While I was concerned that this was the first I'd heard there was a problem instead of being told during the walkthrough, I decided to work with her and follow her request to hire professional cleaners. We had cleaned the place, but perhaps her standards were not our own. This text came on April 1st, exactly two weeks after the walkthrough.

We hire the cleaners to do our apartment for the second and have email confirmation. The second walkthrough is planned for April 4th. She enters the apartment and immediately states that it still reeks and could smell it from the hallway. Much of her comments were rude and irrelevant, so I will skip most of it, but the jist was that she'd have to hire a contractor to come see the place and figure out where the smell was coming from. She leaves and texts me a few minutes later that her husband (a carpenter/handyman who works on the apartment buildings) is coming by to see the place. I agree (and had a feeling it was a good idea).

He enters with her 10 minutes later and she asks him if he can smell it. "It's overwhelming, and it's all I can smell", she says. He stands in the doorway and slowly walks in to the living room, smelling the air. He states he can't smell anything. She pulls him to the litter box and said the smell was strongest there (duh?). He pulls the litter box aside, smells the floorboard and baseboards (as I said, a carpenter). He says nothing and follows her to the kitchen. He says he smells something, but also that it's not cat urine. I explained that the cleaners used bleach (something we typically do not do), and bleach contains ammonia, a common chemical found in cat urine. He nods and heads to our bedroom/bathroom (asks permission to enter each). He picks up a smell from a closet on the way, and I indicate that the litter box scoop is stored there. He detects no other smells. He recommends airing out the apartment (which we are doing now), and wants to stop by Tuesday (the 9th). When she protested, saying it was in the wood flooring, he said it was not, because there would be staining. She was not very happy with him, and they bickered for a long period.

She stated that they are going to miss an opportune window to rent the place because it was not ready in March (peak renting season for June apartments). I have the text that shows she did not tell us about a problem until April first. I also have email proof from brokers that she went ahead and put the apartment on the market, and there was a viewing (March 22nd). She denies putting the apartment on the market, and denies that there was a viewing. I have emails claiming otherwise.

I do not want validation, we already feel we are in the right. My question is if she tries to fine us/keep the deposit, what can we do, and can we win? How should we prepare? I have never brought anyone to court or small claims before.

TL;DR - how do small claims court vs landlady?
Topic:
Landlord Tenant Housing

Answer:
 > I explained that the cleaners used bleach (something we typically do not do), and bleach contains ammonia, a common chemical found in cat urine.

This isn't true. Bleach does not contain ammonia. In fact, combining bleach and ammonia will produce a toxic gas.

Has anyone _who doesn't live in the apartment_ verified that there is no obvious smell present? Olfactory fatigues is a hell of a thing.Answer #2: So if the landlady tries to keep your deposit, you will have to sue for it un small claims (a really easy and inexpensive procedure in MA). With that in mind you want to collect as much evidence as possible about the state if the apartment, and the smell.

Do you have the name of the realestate agent who showed the place?  You could reach out and get an emailed statement on the lack of smell.  Statements from the cleaners might help. Have a few friends come by. Take a million pictures of the place including walls, blinds, inside the oven/refrigerator when you have moved out. The place does not have to be clean until you move out by the way - you have no obligation to have the place "show well". If you want to, you can list the place yourself on Craigslist. When prospective tenants come by, and they decide to apply for the place, get their name and info, showing that there were plenty of prospective tenants, the landlady just wanted to replace the flooring on your dime.


Title: Question about Kim Davis situation.

Question:
I'm not a lawyer, but wouldn't her acting in her official capacity as county clerk to deny the issuing of marriage licenses to homosexual couples in direct contradiction of the SCOTUS ruling that homosexuals have the constitutional right to marry be a violation of "18 U.S. Code § 242 - Deprivation of rights under color of law"?

Sorry if this breaks any rules. I read and didn't see anything about it, but this is just for my own informational purposes.

https://www.law.cornell.edu/uscode/text/18/242

Answer:
 Possibly.  Probably even.  I doubt there is much case law on that code provision.

However, not many prosecutors would want to just go after her like that.  The backlash is not worth it, when the situation is easily rectified by simple contempt.


Title: Company is threatening to sue my dad for a google review I posted [Ontario,Canada]

Question:
A little backstory to this situation;
My dad owned a small shop from this company and has been with them for roughly 8 years. During that time the landlord increased the rent slightly, but nothing too crazy. It was when he raised it too high that my dad refused and shutdown the business. Now they're refusing to return the deposit my dad made of $7,000 and my dad is unsure of what to do. I posted a google review (https://imgur.com/ro6ygDK) of our situation. A few days later he received this letter (https://imgur.com/Z4ZJZ1P). In the original review **I had the two names of the employees listed one of the landlord and one of his secretory. Which I removed just to be safe**, my dad later got this email after the edit was made.(https://imgur.com/a/rYsqY)

We're not sure what to do in this situation. My dad has spoken with an attorney but he **knows the landlord as a friend** and assured us not to be worried about the review(He did not take a look at it). He also assured us after looking at the lease papers that our case will be won easily but once again, he knows the landlord and is friends with him and therefore he said he will not fight on our side but instead to hire a paralegal.

Is there any advice you guys can recommend or any steps to take? We've never been in such a situation before and don't know how to proceed ahead.
I'm not sure if this will help or not, but the review was posted through my google account and not my dad's.

Thank you.

Edit: minor formatting

Answer:
 Hire another lawyer. Do NOT take this lawyer's word for anything. Answer #2: Why are they refusing to return the deposit?Answer #3: According to the demand letter, the business and the landlord are separate legal entities.

I understand that you wish to help others avoid being burned by these people, but you should remove the Google review and simply proceed with your legal action.

The lawyer will not have lied to you about the strength of your case. If you can, find a paralegal who is competent in commercial tenancy law and have them assist you with the claim.Answer #4: They may have a case to sue you for defamation. You may have a valid defense. You should speak to a lawyer to review your specific case.

Or... just take down the review.

And before you take a moral high ground on leaving it up, keep in mind that you're saying they are *stealing* from you and operating a *scheme.* If you are absolutely certain that they are *stealing from you* and operating a *scheme*, then go ahead and take the moral high ground. If you think maybe you're using inflammatory language to take a dig at them, then maybe consider taking it down.

While you may disagree about whether they owe you money, that doesn't necessarily mean they're stealing from you, it just means you both disagree and may need a judge to settle it for you in a civil court.

Let me put this another way: If you think they're stealing from you, that's a crime and you should call the police. If you don't think this warrants a criminal investigation and prosecution, then maybe consider at the least changing your statement.


Title: Breaking lease signed on 7/7 because Roach infestation. Landlord won't give full amount back.

Question:
In Lawrenceville, GA if that helps.

Signed lease on 7/7 and have not been able to spend a single night or move in because of roaches and other stuff.

And telling him about the roaches the first time, labdlord had his own guy come. The guy told my roommate and I that we were being dramatic and used cheap walmart bombs. On the phone he told me that we had to stay out for a few days, but told my roommate a few hours. When I called him back he said "no I said it was Recommended to stay out a few days" which is a lie.

Roaches were gone for a day then came back. Told landlord I wanted to break lease, and he said he'd only give us both 700 back each (so 1400 out of the 1900 deposit) 1900=500 security deposit each + 1st mo rent each. He offered to change the toilets that didn't flush, pay for an exterminatior of our choosing, repaint the walls (last tenant's kids messed it up) and change the stove (unusable and dirty, was full of live and dead roaches) if we decide to stay, so we agreed. Also said  "where I'm from roaches are a source of protein" as his initial response when telling him about them in the stove.

After our exterminator came the first time (he has to come 3 or 4 times between several weeks) the roaches were gone for a few days. There were dozens, if not hundreds of dead roaches behind the fridge and all over the apartment but a few days ago they started coming back as if nothing happened, even though the exterminator said a couple would be normal. This is way more than a couple, especialyy at night.

The landlord has changed the toilets, put kept pushing the delivery date for the stove. And the roaches are back. My fear is that after this treatment, we will be stuck somewhere that still has roaches. When I talked to the landlord yesterday, he said we could break the lease and get 1000 back, and if we do next week then only 500 back because of his "time and money and resources" and him doing this stuff as a courtesy that he didn't really have to do apparently. Despite the fact that we have not been able to fully move in or spend a single night there.

I get that he's spending money to replace stuff, but this should've been done before even giving a tour to someone. I have photos, videos, and phone conversation recordings, and a copy of the lease as evidence in court if we actually have a valid case. This is also some guy off craigslist, not like an official complex. In addition to this stuff, the neighborhood is gross (trash in front of yards for over a week) and apparently crime is common. Downstairs neighbor also has a thing about assigned parking spots (annoying, but understandable)

Overall this place sucks. During the tour when I saw a roach and pointed it out to him, he said he'd take care of it. I didn't realize "duh, roaches in daytime in an empty apartment means trouble".

My brother in law said take the 1000 back now, break the lease, then sue for the rest (is that possible, and is it likely we would win? Especially since the landlord despite being shady, he has offered to pay for stuff and already paid some of it). My sister said just stay and risk seeing how it goes. I have no idea what to do, but I'm pissed at the fact that 2 weeks later after us paying 1900, we have not even lived here. My roommate had to go all the way back to new jersey with family to evade homelessness and I've been on my sister's couch.
Topic:
Landlord Tenant Housing

Answer:
 He's letting you out of your lease without penalty, you should take it and go.

He could say that you're bound by the terms of your lease and require you to pay rent until someone else leases it.


Title: Sexual assault workplace

Question:
My fiancé(woman) was sexually assaulted by the wife of a coworker in the ladies room. This happened at my job, my holiday party. My fiancé  does not work there, she was my guest.

I quit my job bc of it. my job doesn't have a HR department so I told my bosses and they were passive "so sorry that happened", nothing was done. I am an independent contractor.

My fiancé is not a us citizen but has a legal status. She's afraid to go to the police because she does not want to jeopardize her residency. The woman who did this is the wife of a very rich man.

We are traumatized. What can we do.

Answer:
 If she does not wish to go to the police, then I am not sure there is anything you can do.

I REALLY doubt that her fears about risking her residency status are founded, but i do not know enough about her status to say so with any certainty.

If you are looking for civil remedy, you should speak to an attorney.  But, I'm not seeing it.  You decided to terminate your employment.  And, the victim is unwilling to contact the police.

But, perhaps an attorney can give you a better lay of the land.


Title: WI - Employer refused to pay $150 for Lawn Care

Question:
I am an 18 yo male who lives in Wisconsin and is trying to raise money for college. I work frequently on landscaping, yard work, and other small jobs as well as being employed at a local company. I tend to mow for people on vacation, however a man who lives relativly close to me was in the process of selling their house and wanted me to mow it as they were selling it themselves and wanted it to look nice, even though they had already moved their lawn mower. I had mowed at $25 per mow for about a month when he told me that he'd pay me lump sum at the end of the month. I mowed for a month and he'd apparently forgotten our deal, leading to me not receiving compensation. He told me that he would get cash from the bank the next time he went so I continued to mow his lawn. Two weeks later, after I had mowed the lawns, he told me that he'd be moving the next week. I told him that he still hadn't paid me and he blatantly refused. What can I do?

*Note: We didn't have a physical agreement, but we did have a verbal one.
Topic:
Douche

Answer: Sue in small claims. Verbal agreements can be upheld.  He seems like the type that won't show up and you will get a default judgement. If he does show tell the judge your case and let him argue his.


Title: [TX] Simple Bank put 3+ month hold on my account, won't release funds. Says deposit was never processed.

Question: [deleted]

Answer:
 From the sound of it, your account is on hold, pending closure.  If this is the case, you will be paid out the balance in the account, eventually.

Simple Bank is actually anything but.  They are an online "bank," but their banking services seems to actually be provided by Compass Bank.  Their primary regulator is the Federal Reserve, so you would go to them to file a complaint, if you were not satisfied with the resolution of this situation.


Title: Can art be child pornography?

Question:
A couple days ago, I was on a rule34 website, and was on a specific user's page when I accidentally encountered art of a character who, according to the series she is from, is several hundred years old, but has the body of a seven-year-old. Of course, after seeing that, I immediately left and tried to forget about it (but couldn't, which is why I'm posting here to get some peace of mind). I didn't click on the specific page of the image-- it was just a preview on the user's webpage of what the user had posted on the website.

This brings up a couple questions:

-Is such a picture actually considered child pornography or not, given that it's art and not a real person?

-Is there any possibility of trouble for me?

-Is there anything else I should do, or am I just overreacting?

Any advice would help, thanks. If you need any more information, please ask and I'll try to respond as soon as possible.

Edit: I'm in the USA-- sorry for not mentioning it earlier.

Answer:
 Generally speaking, a drawing is not child pornography.

Separately, the definition of pornography includes the requirement that the image be obscene, that is, intended to appeal only to prurient interest, without artistic, literary, or scientific value.

Medical textbooks are not child pornography, nor is the fountain of that peeing kid in Belgium or whatever.


Title: I was pegged for stealing from walmart.

Question: I used to work for Wal-Mart in Oklahoma I now live in Texas. My brother was recently caught and is being charged with grand Larson. And they say I did too. But I moved a week ago. What can happen? What can I do?

Answer: Man, OPs definition of pegged is not the same as mine. I got excited for a second.


Title: Texas, my girlfriend is being singled out and harassed at work.

Question: [deleted]

Answer:
 > We're going to fight it if she gets fired

No, you're not.  Unless she has an employment contract, she can be fired at any time.  There's no recourse if she is.

It's unlikely that the other employees all randomly decided to gang up on her.  Maybe they did, but it's unlikely.  She should start by talking to her manager to see what the actual underlying issue is, and then should work to fix that.  Answer #2: >We're going to fight it if she gets fired

How? They can fire her for any reason as long as it isn't illegal discrimination (race, sex, etc). Being late often is a reason to fire her. Not liking her choice on shoes or sports team is also a reason to fire her. Answer #3: Im not sure what else you think needs to happen before there are "disciplinary problems" besides being late sometimes. Being late IS a disciplinary problem and it sounds like she isnt either getting along with the other workers OR isnt pulling her weight and they are mad having to work extra to cover  her.  It sounds like the manager who will have to fire her is giving her a heads up to both save her from paperwork and your GF from having to be officially fired


Title: Massachusetts: is this a spite fence?

Question:
Fence goes up but this is weird near the street it's 1 foot from the property line (on his side) and tapers to the bottom 5 feet from the property line on his side. With the surveyor stakes and fresh spray paint. The fence in free standing over 6 feet tall to over 7 feet tall in one area, bylaw is over 7 feet you need a permit. I see the stakes and fence and don't want to be staring at stakes i pull them up and left them on his property. I got the local police to visit me. I was ordered to not touch the stakes and I asked the officer did he get a survey? Yes, he responds, did you see a receipt? yes, it was done by so an so survey company. Well i wish that was answered in my text because i had a problem with the last 2 stakes. That's a civil matter and I'm just here to tell you not to touch those stakes. Ok will do officer.
talked to surveyor he's hostile I ask do you know my neighbor yes we went to high school together. Well ok then.
Now i have a spite fence with a no man's land with stakes on my side that look awful. The fence blocks my view of the road. How are my 4 and 7 year old going to Stay on our property when they see a fence which is a barrier but a stake and string as a secondary barrier which is right next to the swing set. ( i will move the swing when i have another surveyor come in from outside of the region.

Answer:
 Removing survey stakes can be an actual criminal offence in some places, and is certainly civilly actionable. So consider yourself lucky at this point you're not on the hook for a new survey and fines.

As for your kids, tell them not to go beyond the stakes. Put up your own fence on your own property if you think they can't obey that rule. Your neighbor has the right to put up a fence inside of his property line. Answer #2: > don't want to be staring at stakes

Were the stakes on your property???

Comon, don't move other peoples things sitting on their own property.

You know how much surveys cost? How do you know they were finished with work? What if they were planning hedges or something and still wanted the line marked. Why couldn't you just ask first?

> talked to surveyor he's hostile

Yea. You literally just destroyed his work.

Why don't you get your own fence installed. Feel free to report the fence you believe is too tall to authorities...how do you know tehy didn't get a permit?
Answer #3: You removed survey stakes?  Be lucky they aren't going after you to pay for a new survey.


Title: (OK) Landlord not accepting Emotional Support Animal (Cat).

Question:
Not entirely sure where to start. Best would be the beginning. I hope I did't write too much, if so I'll slim it down some more. I've gone over it a couple times, fixing grammar and missing info that otherwise made it harder to read.

I moved into my apartment (complex?), without any animals of my own, three and a half years ago. Four in November. I signed a one year lease. The apartments are built next to each other, attached, single floor, along a single road. Much better than living in the dorms, if I may add. There were already a couple neighbors with pets when I moved in. I presumed they were for disabilities, so I did not ask or show interest, exception of the occasional meetups and playing with the pets.

Prior, and still to this day, I have been seeing a doctor for my anxiety and stress issues I have been going through. Center for Behavioral Health. I was first diagnosed with ADD when I started college, then later found out it is mostly to do with anxiety and stress, from classes and work, they say it's related to my parents passing away when I was in highschool.

I have graduated college a year ago from December, with no college loans, thanks to working hard and support through the college. Now working two jobs, full-time at one, part time at another. A lot of stress, but working through it to keep bills paid and finished off my car loan three weeks ago.

I have not caused any issues, before picking up my cat. If anything, reporting repairs needed or informing concerns. Mostly with the laundry room area and ants in the winter, which he just gave me a gallon bottle of ant spray. Correct me if I'm wrong, but isn't that stuff meant for outdoors? Either way...

Now for the real situation.

Last year after Independence day, I found a stray kitten. I took it in, hoping to find a foster home quickly. I used to help with a animal support group in town, occasionally still do when time allows. My fiance mentioned that I've been acting different, calmer and more relaxed. I mentioned this to my doctor I see every 3-4 weeks and she and talked about it for a while. She suggested keeping the pet a little longer to see if I really do improve, which I have. I followed up at the next time I went to pay for rent, and told him I have a stray cat that I'm looking for a home for. In the process of this, my doctor has noticed a decrease in my stress and anxiety. He just shrugged and told me that I signed for no pets and that I need to get rid of the pet quickly.

After a couple months passed, not finding a foster for the cat due to the homes that took cats in were full, my cat basically became family. My landord did a random visit, first time since I moved in. He told me I need to get rid of the pet, I told him I have been looking for a home, but has also been helping me with my anxiety and stress and I've been talking to my doctor about this. He promptly left, didn't even ask for proof or anything. Though I wish I did have a paper at hand, but he had left before the thought crossed my mind, let alone I didn't have a print out to give him.

Since then, I've been taking care of my cat. Caught up on shots, recently been fixed, and tagged. Though he wants to go outside, he's inside most of the time. When we do let him out, he's on a leash. Most of the time he's ok on the leash, but when excited, that's a little bit of a different story.

Our next door apartment was moved into about two months ago. They have been trying to have a dog for the woman that lives there for her issues, but the landlord will not allow them. I do not know much more than that.

I do know that my landlord visited my apartment today while I was at work, and told my fiance that I needed to talk to him immediately. When I found out, I promptly messaged him from my phone that I'll be over after I drop off my fiance for her work. My questions here is: Why didn't he just call and schedule a meetup? Why come by when he knew I work full time until 5pm? Granted three of the days of the week I work till 10 for my part time job.

I visited my landlord at his store, a gun shop. Can't be more intimidating that that, right? He walked me to his office, closed the door, and told me that I signed a lease stating I wouldn't have a pet. (The lease was for one year. The cat was well over two years, almost three, if that makes much of a difference in this situation). I handed him the paper my doctor gave me as he was talking, he read it over, gave it back, didn't comment about the paper in any way. Continued to say I still signed stating I would not have a pet. I responded stating I didn't choose to have anxiety and stress issues. He told me that if I needed a pet, I would have to find a place that allowed pets. The nearest places for me to find a place that allowed pet, not considering costs of rent and moving, is OKC and Wichita.

As it seemed as though we were not going to have an agreement, we stepped out. I told him I was going to do some research and get back with him. He did not tell me I had to move out, either I had to decide to have a pet, or not. If so, I needed to move. No 30 day notice or anything at this time. He did say that if I absolutely had to have a pet, we could discuss a security deposit of $500, on top of the $400 I already paid when I moved in three and a half years ago!

I have been reading up on this issue, and from what I can tell, he's not following appropriate guidelines. Such as what's mentioned here: https://www.nsarco.com/emotional-housing.html

Even with my cat in my lap purring, I'm still shaking at the thought of big legal issues or losing my cat. There hasn't been any damage done to the apartment. My fiance and I already plan to do a carpet scrubbing when we move out in a year in June, a year after our wedding, when we have money saved up. I've been told vinegar to be used first to get rid of most cat smells, then we plan to go over it again afterwords with the rugdoctor. My cat has had a couple recent accidents, due to his medication (two weeks) making him go to the bathroom (pee) so often, I've been needing to clean out his litterbox twice a day, which almost became three times a day. He's no longer on the medication now. (Thank goodness!)

Answer:
 So you moved in with a no pet lease, found a kitten, then decided you would make it an emotional support animal after the fact? Pay the pet deposit. You're lucky your landlord didn't just serve you with a cure or quit notice.Answer #2: So, your landlord told you to get rid of the cat 8 months ago?  And you only just gave him a 'paper' from your doctor this week?  I'm sure your landlord thinks you're just trying to get around the 'no pet' rule.  If it is a legit ESA, then why not get the documentation required last year when the animal was first in your home?Answer #3: >I visited my landlord at his store, a gun shop. Can't be more intimidating that that, right?

How is that intimidating?

I agree with the others. You sound like you want to get around the no pet rule by claiming the cat now as an ESA. You have an option. Pay the $500 pet deposit - or move. You're lucky you are still there and haven't been given notice.


Title: [New Jersey] My first court experience, isn't something wrong here?

Question:
I was given a road nuisance ticket (242-7) $150 in jersey city, nj and went to plead not guilty to court, I have several questions about my first experince in court.

**Backstory:** I was given a ticket when i was just parked on the side of the road in front of a store, waiting for my wife (2-3 min max) which has 3 lanes but there were just 1-2 cars at that time on the road; the cop showed up and gave me a ticket, eventhough i was still in the car and i asked him that i can leave immediately if he wants me to, but he preferred to give me a ticket anyway.

I was really "not blocking the flow of traffic" otherwise i wouldn't have stayed there at all, so i decided to tell my side of the story to the judge and see what he says, i thought the worst case scenario he finds me guilty and i pay $150.

On the day of the court, before the judge called me over, the state prosecutor bargained that she would reduce the charge to 100+ 33 court fees if i accept before going to the judge. That was just $17 short of the full ticket charge. I wanted to give it a fight for that amount. so i asked her the next question - that if i am found guilty of this charge is $150 the max i would pay? she said no it could rise till $2000 and i can even call on a public defendor if it comes to that. (she said the trial would be re-scheduled since the officer who gave me the ticket was absent that day)

Now $2000 is not worth taking a risk on for me, so i plead guilty to  the 133 we negotiated. But i didn't like the fact that i was kind of scared off from fighting this ticket.

When the judge called on me, he asked if i was accepting the negotiated charge? i said yes. he asked me if i was blocking the flow of traffic, i said yes (god know why i gave this info voluntarily). And that was that.

**So I have below questions:**

* 1) Shouldn't the max charge in my case would have been $150 and not $2000 as she was claiming?

* 2) Isn't this scaring off the defendent into accepting the charge rather than facing more charges?

* 3) Will the voluntary info that i gave, that i was blocking the flow of target going to bite me in the future in any way?

* 4) Shouldn't my case have been dismissed since the office was absent?

* 5) I didn't visit a lawyer because i didn't know where to find consulting lawyers are and that this is too low charge of a ticket to get a info from a lawyer, i thought that he'd probably smirk or something, so i didn't go. should i have done otherwise?

Answer:
 > Shouldn't the max charge in my case would have been $150 and not $2000 as she was claiming?

No, the DA/Prosecutor has the right to levy additional charges so long as they are supported by facts, and you can ALWAYS face whatever the maximum penalty is if charged with a crime.

> Isn't this scaring off the defendent into accepting the charge rather than facing more charges?

Yes.

> Shouldn't my case have been dismissed since the office was absent?

No, there is no requirement that the arresting officer be present.  It's just very helpful testimony for the prosecution.  Answer #2: No. If you go to trial, you can be penalized up to the full amount allowed by law if convicted- that can be more than just paying the ticket, or it can be less- that's up to the judge.

And the officer does not have to be there, especially your first time in court. If you had plead not guilty, then there would have been a second court date when the trial would have been. It is *then* that the officer has to show up.


Title: Separating from crazy

Question:
My ex has completely turned into a manipulating, manic, and threatening person. I recently moved out of our rental, but agreed to pay half for a certain amount of time until she got herself back on her feet. Unfortunately, she never gave me enough money, and I have been paying over 80% of all bills + rent. I can't manage this anymore, so I put my 60 day notice in to my landlord. My landlord officially recognized my termination from the lease to be on December 15, with the understanding that my ex would remain at the residence and continue the month-to-month lease in her name.

I recently got a letter from the landlord stating that she is sending out an amended lease to my ex and I to sign and return to her, stating that my ex will continue to live there and pay rent, etc. My ex is hell bent on keeping me paying the rent for as long as she can, so I am almost 100% positive that she will not sign it and make this process even harder, and more costly then she already has. As icing on the cake, I get threatening emails and calls from her and her new boyfriend daily about continuing to pay a majority of the bills + rent, or they will make sure I regret it.

What are my legal options for ending this ASAP. I just want off the lease and her out of my life without losing any more funds.

I am on a month-to-month lease that we both signed since December 2016.

I live in Virginia.

EDIT: It was a joint signed lease, but is now a month-to-month lease.

Answer:
 If your ex won't sign the lease she's going to get evicted, it really doesn't harm you if she won't sign.  The landlord is terminating the old lease and doesn't need your ex's permission to do that.

If you just want her out of your life, that'll be the end of it.  But you would have a good lawsuit against your ex for all the rent and bills she didn't pay.  Even if you agreed to pay half as long as you were on the lease, she *still* owes you a lot of money.


Title: Are police allowed to search a safe in my car?

Question:
I live in Virginia, more specifically my car at the moment. Job life isn’t being too kind to me. I bought a small safe to store valuables in like my laptop and stuff so it doesn’t get stolen when I am at work or something of the likes. The other day I got pulled over for a crack in my rear light and they had asked if they could search my car. I asked why and she thought I was high and I obliged because I didn’t have anything to hide. The safe is pretty heavy and in the trunk of my car and she asked if she could open it. I didn’t think much of it and gave her the key and then she left me off with a warning and told me to fix the light or at the very least get some red tape for it.

This altercation got me thinking, are police allowed to search the safe without a warrant? I’m not too keen on my warrant laws but I do know they are only allowed to search a safe if it is in an area of the warrant. But this was a traffic stop and she bullshit her way to having a reasonable cause to search my car.

As an added clarity, I no longer use or drink. Which adds to my confusion if the traffic stop

Answer: Not without a warrant, consent, or probable cause.  You gave them consent.


Title: [CA, USA] Wife accidentally locked my son in the car at home, unable to unlock 2017 Honda car door, had to break window. Dispatch now apologizing profusely...

Question: Am I able to convince Honda to pay for the window? Not seeking millions, but do I have any recourse since they are over-apologizing for sending a dispatch? According to a supervisor they are not supposed to send a dispatch when a child is locked in, they're supposed to tell you to hang up and call 911 (who would break the window anyway).

Answer:
 > Am I able to convince Honda to pay for the window?

Why?  What did *Honda* do to lock your child in the car?Answer #2: I'm not entirely sure why Honda would be responsible for your wife locking your child in the car? Answer #3: I hate how people now days do not take personal responsibility.

Your wife fucked up.

Window got broken to pull son out.

Go fix your window on your dime.

The system worked as designed. Just like if your were to lock a regular car key in the car.

Answer #4: What is dispatch?  The police, some Honda employee, or something else?

What do you mean by unable to unlock the car door?


Title: I was unjustly let go from work.

Question:
To make a long story short, I recently put my two weeks in at my job. A few days later, I called in sick. That day, one of my coworkers "saw" me at a Packers game. The thing is, I wasn't there. I don't even like sports. I think I went to one game like 10 years ago when I was a kid cause my family got free tickets from the radio.

Anyways, I showed up today (30 minutes ago) and my boss said my shifts were covered and I had to leave. What action can/should I take over this? Am I able to sue over loss of income?

Answer: Unless you traveled from Montata your termination was not unlawful. Employers are not courts and do not have to be fair or consider the evidence. Answer #2: unjust does not equal illegal.  you quit, they just moved up your last day.  you can see if you can start your new job earlier.


Title: Getting threatened by a buyer on eBay

Question:
https://imgur.com/a/R0LbXOW

A guy bought a camera lens I was selling on eBay. After buying, he sent me 3 emails within one hour saying I wasnt responding to him promptly and telling me not to ship the item until I answer 5 questions.

I told him it was bizarre and cancelled the order. It was just so weird.

Ive only said 3 emails to this guy, and he has sent me like 10 crazy emails and the last one he sent to my personal email telling me he's sueing my for libel.

Literally all I said was his questions were bizarre to ask after buying something and said his 10 messages were harassing me.

Like wtf is going on? This guy wont leave me alone. Did I do anything that is considered "libel"? Im so confused right now

Answer:
 You said he asked to delay shipping. He did. You said his questions were bizarre. They were. You said he harassed you. If you felt harassed, you were. No libel here.

He is being ridiculous. Stay calm unless you get served. He has nothing.Answer #2: I like how he added that he BC’d the lawyers, like, that’s not even a function eBay allows, he legit had to write it in. I’m sure neither of the lawyers, if they exist, know this guy is claiming they represent him.

 Where did he get $15,500?Answer #3: Ignore the crazy unless you get served - - then reply (and get a lawyer).Answer #4: You're fine. Good call on cancelling the order as he looks like a problem buyer.


Title: Can a text message be legally binding?

Question: I am a college student in Michigan, and over the summer I agreed to sublease my friend's room while she was away on a study abroad this school year. She never gave me a contract to sign, but she sent me a general copy of the lease after I had paid her my first rent check and moved in. I have never signed anything. Basically, I thought we had agreed that I would sublease the room for the school year (august-may) but now she is telling me that I am responsible for rent for the entire year (august-august). I told her that I never signed a contract saying so, and she sent me a screenshot of our texts when we first talked about it where I asked how long the lease was and she said "august-august" and I said "ok that works".  She is now telling me that this is legally binding and that if I don't pay the rent for this coming may-august she is going to sue? Would she have grounds to sue because of that text message/am I legally bound by it?

Answer:
 Read the lease between her and her landlord. I had several leases in Michigan that stated occupants were not allowed to sublease, or not allowed to sublease without notifying the landlord in writing with all the subleasers details. It's possible she's breaking her own lease and you could use that to your advantageAnswer #2: U/teh_swimmly is probably correct that your friend didn’t have the right to sublet to you. That said, a text message can be legally binding. If your friend did have a right to sublet to you, then you may be bound by your text under classic contract law.

Contracts require offer, acceptance, and consideration. There need not be a written contract for a promise to be binding, subject to something called the statute of frauds. Your text constitutes a “writing” for the purposes of contract law. Thus, since you have an offer (do you want to sublet my apartment?), acceptance (yes, I’ll sublet your apartment), and consideration (your payment of rent and your friend moving out) you are probably bound by this promise.

Of course, this is all moot if your friend had no right to agree to the terms that they did. Further, your friend would need to actually sue you to enforce this promise. Depending on your states rules about small claims, a full years worth of rent might exceed the limit for that forum. This means enforcing your promise isn’t easy or cheap,

For what it’s worth, since you probably have not properly sublet the apartment, you also (depending on state renter laws) may not have a right to be there at all. Your friend is possibly subject to eviction.


Title: Kicking out a roomate kinda

Question: [deleted]

Answer:
 >We already have someone to cover her place but we are not willing to give her an extra $75, it seems like a bribe so she would give us her statement.

It's not a bribe, it's a $75 fee to compensate someone who has no obligation to remove herself from the lease and who spent $75 on an application fee for an apartment she will no longer be living in.

If you want her off that lease, you better negotiate her way off that lease, and pay her the damn $75. She does not have to agree to this arrangement.


Title: (Nebraska) Recently moved into a house, neighbors complain to landlord and was sent a 'warning' before eviction. How to proceed?

Question:
A roommate and I recently moved into a house, we have been here a little over a  month and a half now. Within the first two weeks we met all of our immediate neighbors and everyone seemed friendly. This past weekend I received a call from our landlord that he 'has gotten complaints from neighbors about the police being called on 3 seperate instances, we are having parties, and there are other people living at the house.'

The police have been to our house twice. Once they stopped by and said a neighbor had called because the saw the man who lives across the street from us come over and take the flag off of our mailbox and put it on his. The other time the police were called we had a male guest (we are both females) over who became irate when we asked him to leave. No tickets were issued to us either time. To address the parties..We have Sunday dinners where friends come, bring their dogs (we have 2 of our own) and we grill and have some drinks. We don't normally have music playing and if we do its at a reasonable level (I can't hear it in the backyard). No neighbors have said anything to us or asked us to 'keep it down'. I also had a friend who asked that I hold on to some of their things until they make other arrangements. We have an extra bedroom...no problem.

Our next door neighborhood became combative with one of our guests the same day I received the call from the landlord, so our guess is he is the one who has been complaining.

Now the landlord says we should be expecting a certified letter in the mail outlying these complaints and if he receives another our lease will be terminated due to breach of contract. The only thing that our lease states is that 'neighborhood disturbances are not permitted'.

Also, in the month and a half we have been here the landlord has not been by to complete maintenance requests we made when we first moved in; provide us with interior paint, fix a loose kitchen counter, install screen doors, provide us with a key to the garage (attached), fix a hole in the garage floor. We have also spent ~350$ on landscaping materials and ~14 hours of work completing the backyard (since it was in such terrible condition).

After the letter is received I plan to write back denying the allegations and asking for better clarification on 'neighborhood disturbances'. If there are no police reports filed and no tickets were issued can he evict us on heresay from a neighbor? I also plan to list the requests for maintenance he has since failed to complete. Is there anything else we should be doing to protect ourselves in this situation?

Thanks

Answer:
 >  If there are no police reports filed and no tickets were issued can he evict us on heresay from a neighbor?

First, that's not hearsay.  That's testimony.

Second, yes, he can generally proceed with eviction for violating conditions of your lease or violating the law.  Such a violation doesn't need to come after a conviction.

If the police have already visited once, that's too many times.  I'd suspect your "quiet parties" would be described differently by your neighbors.  Rather than splitting hairs over the accuracy of each statement, you may want to have more of a discussion with your neighbors to find out what their issues are.  A tenant willing to change their behavior looks far better than a tenant who's flatly denying an obvious issue.

Separately, you can continue asking about the repairs.  Your recourse, if he doesn't repair, is to consider the lease broken.  Unless one of these issues is a serious health or safety one, you'll likely not be able to take any repair and deduct action.


Title: [IL] Property Manager changed my renewal rate when I went to return my lease. It's too late to provide proper notice.

Question:
This is in the west suburbs of Chicago. Thanks for any advice you can provide.

I've lived in this apartment for a year. When my current lease was coming to an end, the property manager gave me a written offer with a renewal rate for another 12-month lease at the rate of $1,204.00/month. I called their office to confirm the monthly rate, and upon receiving confirmation I told them that I would be renewing and asked that they drop off a lease for me to review and sign (management is on-site and offered to do this as I work during their office hours).

It took them 2 weeks to deliver the lease and I called them multiple times during this period to confirm that they would be dropping it off at my apartment. When they finally delivered the lease, I was happy to see that the rate was correct according to my written offer and told them I would review the lease and return to the office to sign it.

I went into their office yesterday afternoon to return it, and when I handed the property manager the lease she told me that the rate was incorrect and it would actually be $181.00/month higher. I told her that I would not be renewing if that was the rate, and reminded her that I had a written offer with the lower rate. She told me that $1,385.00/month was the best they could offer, and that if I wanted to leave that would be fine but that I still had to give them 60 days notice. My lease ends on July 17 and after that it converts to month-to-month if I don't choose to renew, resulting in an additional $100.00/month charge. The property manager took the lease paperwork and did not return it. It was not signed, as I needed clarification on an addendum before I signed it.

Then, she told me that I had a large credit (about $1,250) on my account due to a clerical error. I've told them at least half a dozen times that the amount their online system was charging me was too low, and I have paid the amount specified on my lease each month resulting in this credit. She told me that they can only look back in the system as far as January (what???) and that they won't be able to apply the money I've already paid, so she advised me to "just take the credit".

Here are my questions:

1) Do they have to honor their original written offer of $1,204.00/month for a 12-month lease? This is not far off from what I currently pay so it's not obvious that it's a clerical error.

2) I would have given proper notice per my lease agreement had I known the renewal rate that they were ultimately going to offer would be $181.00/month higher than I expected (plus the additional $100.00/month charge for a month-to-month agreement). Am I still required to give 60 days notice?

3) I am worried that if I "just take the credit" as the property manager advised, the management company will eventually realize their error and come after me for it, as it's a not insignificant amount of money. Am I protected from this if I can get permission in writing to take the credit?

Thanks for any help you can provide.

Answer:
 I would be contacting a tenants rights organization local to you as this sounds scummy and wrong, but local laws are pretty important.

This is a basic overview of your rights, but it's obviously not specific enough to your situation: https://www.nolo.com/legal-encyclopedia/overview-landlord-tenant-laws-illinois.html


Title: Federal Student Loans keep losing my information, putting me on forbearances, postponing my Income based repayment plan, and when it finally all gets together after 3 months they charged me late fees.

Question:
**TL;DR: Navient delayed my income based repayment plan for 5 months, made it impossible to pay my student loans, and now is charging me late fees.**

I have my student loans through Navient, formerly Sallie Mae. I have been trying to pay my student loans since November, when I applied for an income based repayment plan.

So far they have:
Lost my faxed documents 3 times. I have reciepts from faxing the doctuments to their number. On the 3rd attempt to fax I called them every day for a week after I had faxed it and they refused to tell me if they had recieved the document. Eventually I happened to check their online portal to see the last one had gone through. In FEBRUARY.

I contacted them afterwards to make sure we were on track for income based repayment, they said they had a high volume and "were behind" on setting up the payment plans. I expressed concern about my loans entering repayment in March. They said it would not be a problem.

On the day my loans entered repayment I called in. The payment plan had not  yet been approved. I was told it should be "any day now" and that they were "backed up"

I get a phone call from them early April to collect a debt of $600. I express my dissatisfaction and mention the pending income based repayment plan. She said they were backed up and that I had to enter forbearance, which would wipe out the $600 debt, but that my interest would continue to go up and anything that had posted to my credit history could not be reversed. Outraged, I told her that I was trying to pay them but they were making it difficult. The only payment they would accept was the balance of $600. I declined and they put me in forbearance.

I recived an electronic bill on april 17th for $20 with a due date of May 6th. I had had no correspondence with them about my repayment plan being approved, but when I went to the website it was approved.

Today I went to pay my bill, and it says I have half again my bill in late fees because my bill was due on the 14th of April. 3 days before they had ever sent me a notice.

I'm willing to pay the final bill to make the problem go away, but I feel that the amount of grief that the company has put me through must be touching on some illegal practices, but I'm unsure if I have any legal ground to stand on.

Answer:
 In December, the feds rolled out a new income driven repayment plan called REPAYE - they rolled it out earlier than the new regulations normally would have called for and this left all the federal loan servicers scrambling.  They were all very very late in processing income driven repayment plans - in fact they are all just starting to catch up.  Doesn't make your situation any less frustrating but I thought it might help you understand what happened.

Under the circumstances, i think you have a good case for asking them to remove the late fees.  You can reach their executive customer service here https://www.salliemae.com/about/who-we-are/leadership/advocate/

I would send them a short, concise, polite letter supplying all the facts, your evidence that you submitted your paperwork on time and request they remove the late fees.Answer #2: You might want to contact the U.S. Department of Education's Ombudsman (studentaid.ed.gov) at this point. I had a similar situation with a loan servicer several years ago and sent the Ombudsman a brief summary with proof of payments and the time and dates I contacted the servicer. They got back to me quickly and resolved the issue...and I got a direct name and number of a supervisor at the loan servicer in case of further problems. It's worth a shot.


Title: Land that was used publicly as means to travel between two city streets now has private property signs.

Question: So in between two streets in my home town was a small strip of land.(this is in Washington state). For probably the last fifteen years we have used a trail between two streets as a means of travel. Recently a new tenant has purchased that house and put up no trespassing signs in this trail. The trail had been maintained with lights and woodchips lining the pathway. My question is this now public property?

Answer: No. It's not public property. There may be an implied or written easement for the trail to remain open to the public, but maybe not either. Check your local recorder's office for the deed of the land to see if an easement is listed. If not you would need to go through the courts to get the implied easement enforced if it meets the criteria.


Title: Domestic credit card fraud...help?

Question:
When I was 18, my mother opened 5 credit cards under my name. She used these cards to pay various bills, and was irresponsible about making the monthly payments on time, and only making the minimum payments. This, in turn ruined my credit score. I had confronted her about this, and asked her to stop using my cards. I have a total of $3,500 in debt among 5 different credit cards. I can only afford to make the minimum payments each month due to the fact that I am still a student.

Unfortunately, I had personally missed one of the payments myself thinking that the account had an occurring payment set up (I had set up the occurring payment that day). My low credit score has already been a burden to me in terms of trying to open a new checking account. I have just recently graduated college and will be moving, so I need a bank that will be accessible in my area. I also worry that I won't be approved for apartment leases when it comes time.

I am unsure of how to go about this situation. I don't want to have to file a police report, or fraudulent charges, but the damages my mother has made are effecting my present financial concerns, and will continue to effect them in the future if this does not get resolved.

What are my best options, and how can I fix my credit score?

(Both my Mom and I are residents of New Jersey)

Answer:
 Your only option if you don't want to owe all that money or to have that on your credit report is to report your mother to the police, the credit card companies, and the credit bureaus. I know it sucks, but she doesn't seem like she's taken very good care of you and you need to take care of yourself.

You have no obligation to set yourself on fire to keep someone else warm. Answer #2: > I don't want to have to file a credit report, or fraudulent charges,

I don't think there is another way. You can either do those, or pay.

>My low credit score has already been a burden to me in terms of trying to open a new checking account.

Banks generally use ChexSystems not the traditional system CCs use.Answer #3: The ONLY way that you can get out of paying for these debts is if you file a police report alleging that the accounts were opened without your consent.  But if YOU have been paying on the cards opened by your mother in your name, then you may have a hard time alleging that they were opened without your consent.

Your credit score is the least of your worries.  You need to pay off these cards.  If you do that, then your credit score will rise.  If you don't, then the creditors will sue your ass.  Tell your mother to pay them off in full within the next 2 weeks or you will file a police report against her.  That might get some traction...


Title: Airbnb Host Threatening to Sue Me Over Review

Question:
Apologies if this is the incorrect flair

I recently stayed at a Airbnb where the host listed in the House Rules a Non-Disparagement Agreement. The agreement states my guest and I agree to not file any disparaging complaint, chargeback, review, Better Business Bureau complaint or any public statement regarding the subject property and its affiliates. And in my booking, I agree to these terms is what it states. When prompted by Airbnb to review my trip, I gave an honest and fair review stating the place was clean and updated and the host was responsive when needed. I said that it was a bit noisy at night because it is off main road and that there was no Wi-Fi. The host now is messaging me saying I will be subpoenaed in 3 days if I do not remove the review. I contacted Airbnb to remove it because I would rather not deal with this, but they are claiming that my review is justified and that they won't take it down. Airbnb says that I have not violated any of their policies and that I have nothing to worry about. I responded to the host saying that I tried to get the review taken down and that I would like to handle this civilly. The host responded with other threats of upcoming lease's falling through due to my comments and that it will be included in the future lawsuit. I'm unsure how to handle this. I spoke with Airbnb again and please ask them to reach out to her because this host is threatening their customers. I'm hoping that I hear back from them soon on a resolution. Should I be worried about this or how do I handle this going forward?
Topic:
Landlord Tenant Housing

Answer:
 Ignore the legal threat and stop engaging with the host. He's an idiot.

Keep escalating it with AirBNB. People who behave this way should not be given a platform to harass people. I would be surprised if they allowed or encouraged hosts to put nonsense in their postings like that "non-disparagement clause" that says you aren't allowed to file for a chargeback. (I mean, come on.) The host is 100% in the wrong and you should not let yourself be bullied.Answer #2: > I'm unsure how to handle this.

Assuming you're in the US: Ignore them. They have less than no case and would be insane to actually take you to court. If you receive actual court papers, respond appropriately, but I'd put the likelihood of that happening somewhere behind Hell freezing over.


Title: Catching the kids that shattered my windshield.

Question:
Backstory:

Last weekend my wife was driving home from work around 8pm. As she was driving into our neighborhood, something hit the car and shattered our windshield. She thought a passing car had thrown something out the window as they passed. She was about a quarter mile from our house and came on home and told me about it.

When she explained it to me and where it happened, it didn't sound like someone had thrown something out the window (she said the car that passed he was already past before it hit), but rather like someone had thrown something at the car.

So where the car was hit, there is a pond behind a small hill (about 6ft tall) with bushes on it. I went back out with the car and a flashlight because I suspected someone had thrown something as my wife was passing. I didn't see anyone there, but there was another car on the side of the road with hazards on. I stopped to talk to them, and it turns out their windshield had been shattered too. They said they saw 2 people (probably teenagers) run from the area described above, and into the neighborhood.

Cops were called, reports made, windshield replaced. Note: there was also damage from rocks on the side of both cars. Presumably both were throwing rocks.

Here's the part where I need legal advice.

I know the police won't catch these kids, because there is little police presence in the area, and where they were is dark at night with no lights around. The hill is high enough and at the right angle that headlights won't shine there.

If I take a evening walk to the area and see the kids there (in the act obviously, otherwise I couldn't be sure it was them) what could I do to ensure they get caught?

I wouldn't want to assault them in any way of course. Would it be inadvisable to chase them as I call the police? Is there a good way I could confront them? This is assuming they see me as the path to the area has no cover to hide along the way.

I am in South Carolina. I have a concealed carry permit and keep a firearm on me. If I confronted them and they became violent and I ended up using my weapon to defend myself, I feel like it could look I went out seeking to harm them, but I wouldn't be willing to not take it as I would defend myself if necessary as a last resort.

Any advice is appreciated!

Answer: Even if you caught them, you would have no way to prove it was them. Everything about this is a bad idea. I understand you're frustrated, but this is where cameras would have come in handy. File with your insurance and move on.


Title: Any way we can help protect this child?

Question:
I work in an elementary school in Michigan. There is a young child who is currently displaying signs of gender non-conformity. He wears skirts, paints his nails with markers, puts a t shirt on his head to look like hair, and has told the social worker that, "[He] is a girl."

He is currently in the process of being adopted by very old fashioned parents. The father is a minister. They both have forbid him to display such behaviors. He gets spanked at home if he tries to paint his nails, put on a skirt, etc. Some of the staff at the school think he may be transgender, others think that he is too young to know for sure.

Either way, I'm concerned for the child and fear that these parents will adopt him to try to "save" him by physically punishing him for wearing what he wants and behaving how he wants. I don't care what the reasons are for him wearing a skirt, transgender or not, I don' think that spanking a child for painting their nails is acceptable.

What can myself and the staff do to help?

Answer:
 Everyone here is saying that corporal punishment is legal, and it absolutely will be, once he's adopted. However, if he isn't adopted yet, that means he is probably still in foster care. Foster parents are definitely NOT allowed to use corporal punishment at all. CPS and the foster care agency will be very interested to hear about this, and it might be enough to disrupt the adoption process.

No corporal punishment for foster kids:
https://dhhs.michigan.gov/OLMWEB/EX/FO/Public/FOM/722-02A.pdfAnswer #2: Unless the laws are wildly different in Michigan as compared to other states, until the adoption is finalized, they cannot use physical discipline a child with an open child welfare case. I would either report the physical discipline to child welfare or talk to his social worker about your knowledge of the physical discipline to get clarity on what the rules are for children in foster care and physical discipline.

I'm 100% sure this child is transgender. She will not change. She's a girl and that's that. I've seen it a number of times. I know a child that started expressing her true gender at age 3. Fortunately, she was adopted by a couple that are lesbians and they have allowed her to be herself. They even changed her name to her chosen name. It is 6 years later and she still is still a girl.

This kid is in for a ton of mental health problems if her foster/adoptive parents don't get it together. Answer #3: I'm wondering if the adoption agency would be interested in this information. Sounds like a very bad placement.


Title: Tenant is suing wife and I after I verbally told her we're no longer renting (eviction)...

Question:
I didn't give a written notice and did it verbally without thinking about the legal consequences.

Plaintiff's Complaint for -
 *   1 Violation Rent Stabilization Ordinance
 *   2 Breach of the covenant of good faith fair dealing
 *   3 Unlawful and Unfair Business Practices in Violation of Cal. bus. &   Prof. Code S 17200
*   4 Implied warranty of habitability

She wants 4 years of rent back ($36k), Relocation assistance ($19.5k), Attorney fees to hire one, cost of suit..etc.

Rent unit is illegal no permits. She's been here since 2007.
We planned on demolishing the unit after she was gone to convert it back to the original garage (case says we're not seeking good faith to demolish it...).

Story: She's an alcoholic and avid drug user. We are in constant fear that she'll do something to hurt herself, or us... but we've always treated her as family. Recently, my son was put on parole for being caught with possession of marijuana so we asked her not to have any drugs around the house in case the cops came for a search. She threw a fit and has since been a bad tenant. Would enter our house without permission, accuse us of entering her unit (we did not), and constantly drives under the influence putting her self and others in danger. I finally had enough, and decided it was best that she left and we stop renting our unit and put it back to a garage. Thinking we've known her since 2007 and treated her as family, I thought it would be okay to verbally tell her that we will no longer be renting the unit out to anyone including her. Weeks later I received a summons....

Where do I go from here? What kind of attorney should I hire and where can I search some up?
I live in Los Angeles California.

Thanks,
E.H

Answer:
 You may not charge rent on a dwelling that has not been issued a valid certificate of occupancy. Regardless, if you do, you are still obligated to be compliant with local rent stabilization ordinances, including providing relocation costs because you are demolishing and not re-renting the dwelling. You are subject to rent stabilization ordinances if your dwelling was built prior to 1978.

You need a lawyer in a pretty bad way here. Renting without a certificate of occupancy could mean that you will be required to return *all* of the rent collected (not to mention relocation costs).

http://www.agclawfirm-alerts.com/files/Carter_v_Cohen_Final_2_.pdf

Edit: contact your local bar association for attorney referrals. Answer #2: You need a Landlord & Tenant Attorney. Contact your local Bar Association for referrals/resources.


Title: (Virginia) blackmailed by affair partners wife after exposing the affair

Question:
I’m married, and my affair partner was married. I told his wife about our affair, and everyone found out which I’m dealing with with my own relationship. However, my affair partner and I work together at the same company. His wife works for a company that is our client.

She texted me that I need to resign from my job effective immediately or she “will share the info that will get me fired”. And I don’t know what she’s referring to. I also think she’s threatening me because she doesn’t want her husband to lose his job, she just wants me out of his hair.

I haven’t talked to him or responded to any of her messages. Does this fall under blackmail, and do I need to get a lawyer?

Answer:
 >Does this fall under blackmail, and do I need to get a lawyer?

It's technically extortion, but same difference.

>§ 18.2-59. Extortion of money, property or pecuniary benefit.
Any person who (i) threatens injury to the character, person, or property of another person, (ii) accuses him of any offense, (iii) threatens to report him as being illegally present in the United States, or (iv) knowingly destroys, conceals, removes, confiscates, withholds or threatens to withhold, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person, and thereby extorts money, property, or pecuniary benefit or any note, bond, or other evidence of debt from him or any other person, is guilty of a **Class 5 felony**.

>For the purposes of this section, injury to property includes the sale, distribution, or release of identifying information defined in clauses (iii) through (xii) of subsection C of § 18.2-186.3, but does not include the distribution or release of such information by a person who does so with the intent to obtain money, property or a pecuniary benefit to which he reasonably believes he is lawfully entitled.

https://law.lis.virginia.gov/vacode/title18.2/chapter4/section18.2-59/

You don't need a lawyer. Immediately file a police report and show the text message(s) with the incriminating statements. Say nothing to the wife.Answer #2: That is pretty much textbook criminal extortion. Feel free to call the police and make a report.


Title: Illinois child support

Question:
My child's mom is taking me back to court in 3 weeks for an adjustment.  My daughter is 16. Been paying $350 a month for 9 years now.

My situation is,  I have a 9 to 5 job that pays W2 and I play the piano which pays me to my business name.

My question is, is it necessary to bring up the piano income (which is filed separately) ? I'm sure she will bring it up during court.

Or since the state of Illinois considers both parents income, should I just let them compare both of our salaries and let them determine the new amount?

Answer:
 Do you think that if, like, Billy Joel\* got a 9 to 5 job at McDonald's, he could pay child support based on his minimum wage job, and not the millions he makes playing the piano?

Of course you need to disclose all of your income.

The only reason you should not would be if you were explicitly advised by your family law attorney not to.  If you are going to court, going with an attorney would be very beneficial to you.  And, for a simple matter like a child support adjustment, it shouldn't cost too much.  Many attorney's offer free or cheap initial consultations.

\*I don't even know if Billy Joel has children.  Just picked the name at random as an example.


Title: [Missouri] I need out of my lease. I still have the original document that the landlord never signed.

Question:
I need out of my lease due to roommate issues.  The lease is over July 31.  I still have the original document.  I signed it but my landlord never did.  My roommate and I signed separate leases but are jointly and severally responsible for the $800/month rent.

I was out of town when I signed the lease and scanned it then emailed it to my landlord.  I'm not sure if they ever printed off that copy and signed it, I did not witness that happening.  When I was given my keys, my landlord asked for the original but I never gave it to them, and they have never again asked me for it.

I came into this lease with a stranger.  We met several times beforehand and I felt comfortable moving in with her for seven months.  Now, three months in, I need out.

I'm speaking with my landlord next week to inquire about my options.  Do I have any power being that I have the original lease document that was never signed by my landlord?
Topic:
Landlord Tenant Housing

Answer: No. If I'm reading you correctly you sent him the lease with your signature. That meant you were agreeing to the terms. All your landlord has to do is show yours and his signatures. Your best best is to advertise and find a replacement roommate.


Title: Shop did work on my car without permission

Question: I took my car to a shop last week after I got in a wreck. The shop told me an estimate of how much it would cost to fix the car and that they would not start working on it until I payed half first. The next day I tell them I'll need another day to give them the half. Up to this point I never signed any work order. After I spoke to a friend that told me I was being over charged for the work, I decided to get the car towed to him. When I went up to shop the next day, they told me they had already finished working on the car. Do i have to pay them? What do you guys think I should do? I live in Ohio.

Answer: There's a reason you're asked to provide location. Some places have specific laws about this.


Title: [CA] Lost place to live and substantial assets due to family drama

Question:
My aunt and uncle had two spare rooms in their house. I happen to work 10 minutes away from their place, so I rent a room there. My mom (who splits her time between the home country and here), also moved afterwards, and I have been paying rents for both. It's family, so we never really had a contract, and I just basically handed them cash at the beginning at every month (they're having some kind of benefits that don't allow them to have high incomes, so no check or PayPal).

Anyway, yesterday I came home to see mine and my mom's assets were thrown on the lawn in front of the house. All of my electronics (estimated to be around $3k in total) are broken. My clothes and makeup products were thrown all the lawn, all broken or dirty. Some stuffs (that I haven't listed out) went missing. I was locked out of the house, and my aunt gave me a call demanding me to move away. So apparently some family drama happened between the sisters (her and my mom), and they kicked both of us out.

I know CA has some kind of tenant protection which requires them to serve us eviction notice, but I never really signed a contract with them, and there is no proof of payment, so I don't know how I am going to proceed. Can I take them to small court for all the broken/missing assets? Can I sue them for the amount of Airbnd I have to spend during apartment hunting right now?

Answer:
 yeah you can take them to small claims for the broken stuff.  and even without a written agreement you still have a lease.  if you have like mail or something to prove that you established residency there, it would help your case since they did an illegal eviction.  Answer #2: Yes, you can sue them.  And, you and your mother could also recover substantial punitive damages.

You can also call the police to ask their assistance in helping you get back in.

It would not be a bad idea for you to speak to an attorney to get your ducks in a row.


Title: [USA, MD] 8th day of having no running water. Can I legally break my lease?

Question:
Our water was shut off a little over a week ago due to a city water meter leak.

Around the third day of not having water, the management property gave us a 5 gallon water jug for the toilet and undetermined amount of rent credit towards next month. The water lasted less than a day. Several plumbers have been out working on the water line but it's apparently a pretty significant break and there's no estimate as to when it'll be fixed. The apartment complex, and possibly the whole block is without water.

Although this is a city problem, we've had issues with the management company before (refusal to turn on the building's air conditioning in the summer and recently, heating in the winter- among other things) and this really seems like the last straw. I've been trying to stick it out so far because my lease ends in about 6 months.

At the very least, should management provide us with another place to stay until the water issue is resolved? I appreciate that they have kept us informed and given us a water gallon, but it's not nearly enough. Our apartment is pretty much uninhabitable because we can't use the toilet, shower, drink, cook or wash dishes, etc.  I do have options of places to stay if it comes to moving out, but I don't want a broken lease to affect my credit negatively. Is this legal cause to get me out of my lease, and is it worth it?

Topic:
Landlord Tenant Housing

Answer: Running water is generally included in a writ of habitability.  Likely your landlord is responsible for putting everyone up in a hotel until the water is fixed, and he can likely sue the city to recoup his costs. However, it sounds like you might have a hard time getting the landlord to live up to their legal obligations.


Title: [FL] Tenant vacated house and left a lot of stuff, now wants to come back and get stuff that is no longer there.

Question:
So my coworker was renting a house to "friends" who were paying rent but  were just on a month\-to\-month basis with no formal lease or security.  Coworker wanted to sell the house so informed the tenants who did take several months but coworker let them move out more or less on their schedule, did not evict or forcefully end month\-to\-month agreement.  They eventually vacated on May 1st and had sent Facebook messages which confirmed that as their move out date.  They left a lot of stuff, like most of their stuff.  More important type of stuff \(clothes, electronics\) was taken but definitely things of value were left.  The power and water utilities were also shut off when they moved out.  My coworker has had to spend the last 10 days removing stuff along with preparing the house for sale.

The former tenants let them know today that they plan to bring a moving truck on May 12 to pick up their stuff.  Obviously this whole thing is a mess and my coworker is looking today for a lawyer who can give some advice.  What was the landlord's duty in terms of taking care of their stuff when there are these indications that the property was vacated.  I am sure they can sue and will start threatening that when they realize what happened, but also doesn't the landlord have the ability to sue for the work in disposing of all the stuff?

Answer: Florida has a very specific statute and procedure for a dealing with abandoned tenant property. if the landlord basically removed and dumpstered their belongings without any notification or without placing it in storage, he could be liable for up to triple the claimed value. It is possible (and highly recommended) for Florida landlords to waive the abandoned tenant property statue with clause inserted in a written lease, but obviously that didn't occur if there is no written lease. He should tread very carefully and probably appease the tenants however he can because he will probably be sorry if they do decide to sue him for throwing away their stuff. It seems very unfair and really it is for a landlord to be responsible for storage and safekeeping of somebody's crap after they move out but that's what the law says.Answer #2: Cost for removal and storage of any items can be taken out of the deposit.  FL has specific rules about property left behind including alerting the tenant of the property, an inventory of the properly, and the intention to get rid of it and a date.


Title: LEGAL ADVISE: I am a transgender International student living in Los Angeles. Have been incarcerated for 1 day in Glendale Police Department and 17 days Los Angeles County Men's Central Prison.

Question:
the first 2 cops that came to my house for "a noise complaint by a neighbor," they said. At the time, I was sitting on the porch of my house. I asked them who called, they would not answer. I said to them that I know the neighbors that live here and none of them would complain, I could even ask the residence manager about the matter and find out who called. Both officers seemed stunned and started asking me questions right away and frisking me. I took out whatever items I had in my pocket to the ground right away. One officer started asking for my identification and walked me into my house. So I stopped them and asked for a warrant to enter my property. In which they immediately responded, "we don't need a warrant, you're already arrested."

I got cuffed by these two male caucasian cops and frisked. I complied but they keep hurting me by cuffing me so tight my wrist hurts and forced me into their car. I was yelling very loudly "stopp!! Stopp!! You're hurting me." My neighbors watched the incident. I told them that if they arrest me, they're going to get f*cked in the end. They seemed confused and decided to lock me inside the dead car with no air conditioning for quite a while. while they talked amongst each other over some weird matters. I was yelling "Help!! Help!!" but who would help me, the COPS were arresting me, who is going to protect me against the dirty ones?

So they took me to Glendale City Police Department Jail where they stripped me naked and touched every inch of my body. Then they left me naked and threw me a semi-transparent yellow dress in a very cold room with a video camera inside it. I knew someone was watching me.

I asked all the deputies that passed by my cell, "Sir, what is my charge? can I have a phone call?" but none of them replied or said a thing. they would not even look me in the eye. I wasn't a human being then.

They kept me there until the next morning after I asked a senior deputy several times about why I was there. He told me that he did not know. I tried again reaching out to him and he double checked then released me with a ticket and a court date. I walked home from GCPD to my apartment like a loser who had been violated physically I stopped on benches I could find.

The next few days I noticed that people started following me to places that I go to. I don't know for sure if they were government agents or just regular people doing their everyday lives. The CAR TRAFFIC on the back street where my apartment unit is located increased, cars came and went doing some uncharacteristic behavior.

I was so angry at the time I yelled at the incoming cars to back off and don't pass this back street anymore, and to go to the main street.

First few cars backed away at once, then an older gentlemen driving a wrecked van kept driving at me so I jumped up to his hood and then to the top of his car until he stopped the car. I jumped down right away and let him go. The next car was a blue Volkswagen Tiguan, caucasian male with blue cardigan was driving behind it. He wouldn't stop either and almost hit me with his car so I tried to stop it with the sole of my feet. I was wearing a pair tempurpedic sandals at the time. I checked and saw that I didn't make a single dent but this guy kept following me to my house asking for my name and my insurance. I told him to just leave but he insisted.

So he called the police and I was actually happy hearing that knowing that the police might be on my side this time. So I jumped right into their backseat when they came.  BAMM!! They took me out, smacked my face against the ground and cuffed me again. Then they stood me up. Next thing I knew there were 4 or 5 male cops there. With one guy so eager to frisk my body and to take me into custody. I felt like they were happy finding a great bounty. Then a sergeant came and decided to take one of the officers into another cop car and took me back to the Glendale City Police Department. I was stripped naked again for the second time, my whole body was touched again by men. Then 2 officers walked me into a cell in the same yellow gown. There was a toilet bowl inside the cell so I asked if I could pee they allowed me to but would not leave the room, I asked them to leave and they escalated on me so I agreed to pee in front of them.

I was in that jail for a couple of hours I think until they decided to let me go. I was escorted out again by 2 officers, I asked them if they could drive me home and they agreed. They cuffed me again and said that they were going to drive me home. But they drove north towards CA-2 Freeway and then to 110S FWY to Downtown Los Angeles into Los Angeles County Men's Central Prison. Where I was Incarcerated for 17 days in the solitary unit without my regular antidepressants and regiment of HRT. The first 5 days I was in there I wasn't allowed any outside contact. I did not get any phone call or even information about why I was arrested. I live alone, I don't have many friends, I own a dog, a cat, and a turtle in my studio apartment. I was taken and nobody knew I was there until I got a visit from two acquaintance from my old church. I was very surprised and happy. They told me not to worry, my parents have visited the States and are in Los Angeles now and taking care of my pets. It was such a great relief. I was released on $60,000 bail about 17 days later.

Several days later I visited my therapist and told her that I could not sleep well and she suggested for me to go to a mental hospital where I might find a better rest, away from all these. I agreed on it but disagreed on the time, I was willing to go if I could not get another sleep that night. but she insisted on me staying there that day. She called the cops, I got cuffed again to Huntington Hospital and then to BHC Alhambra Mental Health Facility where I stayed with mentally deranged people, some with schitzchoprhenic syndrome. I was put on an extended hold and was released 10 days after with the diagnosis of being bipolar. Imagine being the sane one in a building full of crazies, put one there long enough, he might think he is the crazy one.

I now suffer because I can't go to school anymore, I have to see a psychologist twice a week and a therapist once a month for my medication. My life is out of control and I'm trying to get my life back. My court date keeps getting postponed so my parents can't go back to our home country and work. They spend most of their time worrying about me.

My court date is coming up on the May 30th and I need some legal advice, I would like to get something back from these mistreatments I got from the police.

Answer:
 I don't think there is any worthwhile legal advice likely to be forthcoming. From the sound of your post you do very likely have mental health issues which need a therapist's attention as yelling at cars, startling/harassing strangers, and thinking government agents might be following you are all very abnormal behaviours and thoughts.

You need a lawyer in real life, not the internet. If you feel that your civil rights were violated then you will need to secure a civil rights lawyer as well. Contact your state bar association for pointers on who to choose.Answer #2: > where I stayed with mentally deranged people,

Would you in the future just say: People with a mental illnes. The way you said it is extremely inapropriate since these people have an illnes and need help.

And I will have to say that it also sounds like you are battling with mental health problems so another person might say that about you.

>Imagine being the sane one in a building full of crazies, put one there long enough, he might think he is the crazy one.

Sorry but you also have a mental health disseas (bipolar disorder).

>
My court date is coming up on the May 30th and I need some legal advice, I would like to get something back from these mistreatments I got from the police.

You need to get a lawyer.


Title: [New York] Is a cracked tail light probable cause for a vehicle search?

Question:
I recently cracked the tail light on my car. There are some pieces missing (two circular spots about 4-5" wide) on the side, but the tail light still works. I don't want to buy a new one, because the car is old and on its last legs anyway. But my dad is worried that I'll get pulled over and my car searched because of it. I'm prepared to be pulled over and told to fix it, but I believe that I can refuse a search because they won't have probable cause.

So my question is this: In New York state, can an officer pull me over for a cracked tail light, and then proceed to legally search my car, even if I refuse the search? In all likelihood, will anything happen beyond me getting pulled over and told to fix my tail light?

Answer:
 They can pull you over, and if they see or smell anything else in the course of performing the stop they would be able to search then.

Therefore:

* Do not have anything illegal in the car, especially visible from the exterior of the car.
* Do not smoke anything inside the vehicle, those smells linger for weeks and are painfully obvious to those who do not smoke.
* Leave any alcohol or weed at home for as long as you won the vehicle. This needs reiterating as people seem to have problems with this concept. Seriously, I am deadly serious on this one, don't make it easy for them.
* Make sure that you are buckled up at all times and do not drive when sleep deprived or otherwise impaired as the cracked light + other suspicions might rise to the level where they can search.


Title: [Ohio] Ex-fiancé is trying to sue me for a broken engagement

Question: I broke off my engagement to my ex-fiancé earlier this year. Now she is trying to sue me for emotional distress. She said I intentionally misled her and cause her to lose time and money that she could've invested in another relationship. Does she have a case? At the time we got engaged, I did want to marry her, but I realized later that the relationship wouldn't work.

Answer: No, she does not have a case.


Title: What can I do with my heroin addict brother's money?

Question:
A few years ago, my mother died. Before her death, my older sister, mother, and I had a long conversation about her life insurance because my younger brother (let's call him Ben) is a heroin addict and my mother didn't want to dump a bunch of money in his lap. At the time, I pushed her to setup a trust of some sort for him but that didn't end up happening. What did end up happening was that I was given the entire lump sum of the life insurance.

&#x200B;

Dealing with my other siblings has been pretty straight forward. I gave as much as I could each year so that I didn't have to pay gift tax. They've all blown through their money, which is their right as they're responsible adults.

&#x200B;

However, I've had to treat Ben differently. I've basically ended up giving him allowance amounts across the last 2 years, which I kept careful tabs on to make sure I didn't exceed the gifting amount. He has, unsurprisingly, wasted this money mostly on heroin. He hasn't been able to hold down a job and has been in and out of various treatment facilities.

&#x200B;

Anyway, this all brings us to now. I know I'm going to wake up January 1 to a text/call from Ben demanding money. I'd like to be able to setup something so that I'm not basically being treated as a piggy bank. He's a violent, mean person when he doesn't get his way and I'm sick of constantly dealing with him. I can't just give him the last remaining amount (it's around $14k) because he'll just inject himself with it and die. What I'd like is to have something that stipulates that he needs to have passed drug tests for some amount of time (6 months? A year?) and have a place to live and a job before he can get his money.

&#x200B;

Do I have any legal course here? Am I just doomed to have to field calls from my brother randomly demanding money?

&#x200B;

Not sure if it matters, but I'm in OR and he's (currently) in ID.

Answer:
 You actually hit on the idea when your mother was sick: a trust.

Contact your favorite local bank.  They act as trustees ALL THE TIME.  Find out if they can help you draft trust documents, and if not, can they offer you a list of attorneys with whom they have worked in the past (note: these will not be recommendations, but they will be a roster of known-quantity type lawyers).  Talk to a few and find out who feels best to you.

You will have to pay a fee to have the documents drafted, but you will not have to pay a trustee.  Trustees are paid by the trust.  Trusts can earn money, will pay their own income taxes, all that stuff.

Whether it is the bank acting as attorney and trustee, or separate entities, you can create a trust that will have stipulations for when your brother can have access to the money: some set of clean drug tests, to be used only for addiction rehab, whatever.  Tell your other siblings, and your brother, what you are doing.  Tell him if he wants it he can earn it.

Your brother is an addict, and giving him the cash directly will, one day, kill him.