Title: [CA] Moved-in for 3 months, landlord is wildly emotionally crazy, and he's trying to nickle and dime me on my way out while prevaricating and gaslighting the whole way -- here's the kicker, we never signed a contract.

Question:
I moved into a nice room in a suburban area around Mid-July 2018. I met with the landlord, and he's this older man that seems nice, slightly neurotic, extremely intelligent, and a little lonely -- that's fine. I'm just looking for a place to live. He lives in the living room, and rents out all the rooms in the house. 2 other rooms additonally to mine (so 3 total). It's weird, I know, but I thought, it's a nice neighborhood and we've all been through tough times in life. I can give him the benefit of the doubt. Found the place on craigslist. Saw the place in-person. Met the landlord in-person. We discussed over the phone for the move-in situation, and this is what we agreed to: "First and last month's rent on the move-in date, and then half a month's rent at the beginning of August. With a $200 deposit. Utilities is split and shared." Rent is $600. So to have this in writing... I send him an email with exactly this. I have this email, and it's timestamped, dated, etc. I keep asking him for a contract to sign, and it doesn't happen, expecting something to sign on my move-in date.

I move-in, hand him $1200 in cash, he already has my $200 check deposit (which he never cashes). He hands me a receipt which is just something he types up in Microsoft word and printed. No contract signed.

So everything is fine!

Everything goes well. I pay him like 2 days early all the time. In cash because he has issues with the bank for some reason, so obviously I can at the very least check my bank statements that I have proof of paying him (I hope?). He hasn't argued about these, but I've been so emotionally beaten by his bully tactics, I don't know what to expect anymore.

Note, he never collects Utilities costs, because I assume he was just to lazy to do the math maybe. I don't know.

Okay, ready for the emotional rollercoaster that has been my living hell for the last month or so? It was almost exactly a month ago, the nice guy persona completely disappears one morning. He shows up with a Comcast notice about torrenting. I swear to god that it's not me. He flips out and cuts off my internet without notice. He says he has been badgering the other tenant since he's been receiving notices, thinking it wasn't me. Without notice or warning, as of 9 AM that morning, I have been without any internet at home. Thank god my friends have supported me to tell me I should activate tethering if I have unlimited data (which fortunately I do), but I feel like this is no way to live... Lo and behold, a week later without internet, more notices comes. Mind you, Comcast has been sending him notices for someone else torrenting, and they haven't shut off the internet. He gave me one warning -- actually none, and just shut off mine. That should be proof that it wasn't me right? I felt so vindicated -- since it really wasn't me. I know better than to ask for the internet again, but even to this day he thinks it's me. I don't know what else to say. I've been in an emotionally abusive relationship, and this just feels so horribly the same. It's gaslighting. I'm going insane.

So like any emotionally abusive relationship, he acts like nothing happens the next day... And I'm walking on eggshells. I still have no internet.

I know better now, so immediately start looking for places. It's been 3 and half months since I lived here. I have never lived in a place for such a short time. Fortunately, I do find a place elsewhere in the city, and this time I sign a contract. Picking up the keys tomorrow. Don't know if I have time to move in this week, but I really need to get out.... I'm on the verge of my emotional sanity. I gave him notice Oct 30th, so 30 days notice. I'm still trying to be a good tenant here. It actually went well at the time, since we were just walking on eggshells at the time.

Then guess what? Two days later, he slips a piece of paper under my door asking for all the utilities he forgot to collect, due immediately, lump sum. I bring the paper to him so we can discuss it, and he flips out! He says my language is incorrect. It's not "retroactive, lump sum, due immediately," it should be "late payment, and that he's doing me a favor by giving me time to pay it now." (I kid you not. This is a verbal, but the diatribe was real.) He grumbles something about I didn't pay him this month..... what the eff.... I couldn't take it. I flipped out, called him disingenous, and said things like "how can you have the hubris to tell me you're doing me a favor??" He responds with, "so you're calling me names now??" I had stop myself, and I just left the conversation. I'm so pissed, and its a pittance of money. Fair's fair, I do owe him utilities, even if I go back out with a check and pay him. Fk it, he has no self-respect, he can have my money. He cashes it literally immediately the next day. He writes me a receipt with paper and pen. I really just wanted to get out.....He grumbles about how I didn't pay for rent this month.

I told him I paid him "first and last month's" as we discussed over the phone, as per the email exchange. I print it out with all my bank statements, photocopy of the carbon copy of the check deposit. The next day I find a note slipped under my door. He printed an old "receipt" from Microsoft word -- and the language is slightly different. (Obviously,  this is from Word, so there's no signature, etc. There's a date -- but it's microsoft word! It's been three months, I don't remember this receipt.) It says something along the lines of me paying "600 for move-in, 600 deposit, which would be returned at the end of your lease." There's also an added sticky note that says "Why u are wrong." (The period was heavily marked for some reason). We haven't talked since the end of last month/beginning of this month. I literally just go home and sleep. Wake up and head to work, head to the gym after, and stay out as long as I can. I just don't feel safe at home. Plus, I've been studying for the GREs, and this whole no-internet situation makes it difficult. I'm posting this using tethering from my phone at the moment.

I swear to god, this gaslighting is driving me insane. So he's the ending. I'm so sorry about this wall of text. Today I come home and find a notice on my room's door saying "Notice of Belief of Abandonment." He's still trying to nickle and dime -- again. One last time. He's claiming I didn't pay this month's rent. Based off his Microsoft Word receipt. The notice is now signed and dated by him very clearly and officially of course. Jesus.

So let me be as unbiased and objective in my interpretation -- let's acknowledge there is clearly some miscommunication between my email and the receipt of moving in. I clearly didn't read that receipt carefully, perhaps. But is it even legitimate? I didn't sign anything. And clearly he's trying to collect my last month's rent of $600, and no way is he going to give that back "at the end of my tenancy." And if he is, then what kind of sick emotional game is he playing?

Please help. I at my wits end. If there's consensus I owe him $600, fuck it, I'll pay it. If there's consensus can just move out, I'd like to do that too.

**TL;DR**
* Landlord is terrible at communication. He's also emotionally abusive.
* Cut my internet a month ago (without notice btw. Comcast gave him notices, and he still has internet. He somehow successfully managed to be more evil that Comcast, which is quite the achievement imo).
* No rental contract signed. Paid him "late utilities" in lumpsum because "he did me favor by waiting for so long asking for all of it at once."
* There's some verbal (and some written, unsigned) discrepancies
* I really just want to get out of this hell

Thank you for reading. Any advice would be much appreciated.

Answer: He is bluffing. If there is no contract that you signed or anything then just get the hell outta there. Don’t pay him anything extra. Answer #2: I’d just move. The worst he can do legally is sue you. If he lays a hand on you or your stuff call the police. You also need to leave the emotion out of this. It doesn’t help your case.


Title: What happens if my roommates were in the apartment (university housing) and get caught with drugs and paraphernalia but I was not in the room? (NC)

Question:
I live with three other people and they were all caught with marijuana and paraphernalia. They were all written up to the university and might be getting evicted. Is there anything that they could potentially get me in trouble with and is there anyway to make the situation any better for my roommates?
Topic:
Drug Possession

Answer:
 > Is there anything that they could potentially get me in trouble

If the school is not pursuing disciplinary action against you then you are probably fine.  Keep your nose especially clean for a while.

> is there anyway to make the situation any better for my roommates?

Not really, but good of you to ask.


Title: Arizona Prosecutors wouldnt look at my evidence

Question:
I'm being charged because somebody used my name and birthday when arrested in a town I've never been to because the police just took his word. And I have 2 separate arrest reports from the police departments stating that same person had used my name 2 other times and been caught, both within 2 months of my charges, all 3 reports have the same errors,  like addresses that dont exist. And the prosecutors refused to look at any of it. I know the judge will probably drop it eventually, but there's no reason for the prosecutor to keep charging me there is no evidence it was me. My main issue is its very difficult for me to get out to that court, so I cant just keep coming back until they decide to actually look at it.

What are my options? And are those police reports gonna be able to help me, or will I not be able to use someone else's case to defend myself?

Answer:
 > And the prosecutors refused to look at any of it.

That's because the place to present evidence is in court.  You're trying to argue your case to the prosecutor directly, and prosecutors aren't really going to do that.

Your attorney can file motions, if available, to have hearings before a full trial.


Title: Cancelled wedding. Have questions about contracts.

Question:
My fiancé and I have cancelled our wedding.  I don't really want to get into the details of why unless it can change the advice.

We planned a wedding in Vermont which was going to take place less than 3 weeks away.  At this point, we have pretty much paid for everything.  I took a look at the contracts for the venue (includes food) and DJ and both say that within x months of the day, there will be no refunds.  I know it's a long shot but I'm wondering if there is any way to recoup any of the money since we haven't had the ceremony or used theit services.

I'm looking at about $8500 ( $6500 for the venue and food, $2000 for the dj.)  Also, if it makes a difference, we haven't told the vendors yet the wedding is cancelled.

Answer:
 Flip a coin and one of you gets to have a party.  It's that or you arrange to have the food donated to a homeless shelter.

Three weeks is going to make it unlikely that you'll be getting any refunds but asking wouldn't hurt.

Hope you and your former fiance are okay.Answer #2: I don't know if three weeks enough time, but [CanceledWeddings](http://www.canceledweddings.com/) might be the way to go.

>Selling a Canceled Wedding?
We're the online marketplace for couples who had to cancel their wedding event and would like to recover some of the costs they've already paid out to vendors.


Title: Office lease - there's a toilet where?!

Question:
I made a mistake and signed a lease assuming something in the office would be taken care of. As we were walking through the office, I asked about the strangely placed toilet. During the discussion I understood it would be enclosed and all would be good. It's in the back room where the main entrance for my employees will be, and where we will clean equipment and make soap. A toilet in the open there is beyond gross. We talked about the issues and why the toilet couldn't stay there. He seemed to understand.
The landlord is now pushing back. He suggested that I put an additional lock on the back entrance so that no one can walk in on them. What?!  I said it has to be enclosed in a separate room. He tried to explain that it couldn't happen because of plumbing and electrical.
I'd also like to point out that there's no sink. Ick.
So he's agreed to move the toilet and enclose it, but I'm expected to pay for that. And of course the sink.
I'm clearly too trusting and inexperienced.
My concerns:
 - That the bathroom is actually legal.
 - That I don't have to spend a lot on something that seems to be the landlord's responsibility.
Some part of me wants to just bail on this office lease and give up my deposit.

Answer:
 OP- You can contact your local code enforcement office to ask them if it's legal and/or if they would send an inspector out to verify its legality.

Commercial leases don't have much protection for tenants. It's basically a contract where everything is negotiable until the lease document has been signed.


Title: The curious case of the under cover real estate agent.

Question:
We, a couple, see a mansion in a real estate agent's window in France and call the agency to arrange a visit. A week later we visit with the agent who explains that two agencies have a mandate for this property. Let's call these Agency A  and B for the sake of argument ; we are dealing with Agency A. The visit goes well and one of the owners, who we had met the previous evening, when we drove by for a quick look, shows up.  When our agent has to leave, he sits down for a bite and a chat and is very friendly as a host. We stay very long that day. Many weeks and many phone calls later with him, our next visit is a full day with an architect coming in from abroad.
Agency A cannot make it that time because of an emergency. Later in the day the ever charming owner  insists on showing us  a 'friends' mansion, so to say for comparison. Once sitting down there, he states that Agency B has just rung him up to say there is a firm offer on his mansion by someone else, and that we should make one too if we wanted it. As soon as we do that through Agency A (in writing, having obtained confirmation by the bank),  he then goes incommunicado - not to be heard from -  only to reemerge weeks later saying : I am so sorry - I tried to push your offer with my family but it just didn't work - I am sooo sorry.
Now, a year later,  we discover that he was effectively an agent with Agency B and hid that from us. We suspect that, if he was agent for Agency B, it would follow logically  that as an owner, he would not push our offer at all, having a real interest in the other one. He must have used our bid exclusively to pump up the other bid. We feel we lost a lot of time, energy and money for nothing. We feel his behavior was unethical, that we have been used. Is there anything we can do? Remember we are in France.

Answer: If you are looking to buy a mansion why ask redit your legal problems? Js trolls aren’t liked


Title: Got a paper in the mail about getting emancipated, what next?

Question: [deleted]

Answer: Contact your lawyer.  You now have one.


Title: Is there a way out of a shoplifting fine of $415

Question: At the end of my trip to Walmart in Sunrise, FL, I was intercepted by 2 security members who had caught me shoplifting. They took me to their office where they explained the penalty of my actions which could result in police intervention but they told me that the store participates in program that can repair the harm done to the retailer called the "C.A.P program". I went along and chose this alternative because obviously a turn with authorities is something to be avoided. But at the end of it they told me that I would have to pay a fine relevant to that of restitution I would have received through the alternative. The fee was a grand total of $415 for the class and restitution and that I'd have to make a first payment that is 1/3 of that and you also have 72 hours to enroll and make the first payment before they decline the option with their program and hand the case to the authorities. My question is, is there anyway to get out of paying this amount or shrinking the amount since I am out of a job and don't possess the amount they ask for.

Answer:
 Yes, you can tell them no.

They will take your confession and whatever other evidence they have and give it to the police. Answer #2: >  is there anyway to get out of paying this amount or shrinking the amount since I am out of a job and don't possess the amount they ask for.

Sure.  You can tell them no you don't want to.

They may call the police who may or may not investigate and then the DA may ultimately press charges.


Title: Obstruction Of Justice Misdemeanor in GA

Question: [deleted]

Answer:
 You were charged with obstruction because you ran from the police and your friends ratted you out. Stop being dumb, and get new friends.

It doesn't matter that you were not given a Miranda warning because you were not questioned.

You should hire a criminal defense attorney for your case. If you cannot afford an attorney you should plead not guilty at your first appearance and request the court appoint an attorney for you.


Title: [USA] Fourth amendment question

Question:
This is a hypothetical question. If one of my parents is a cop and they search my room looking specifically for something illegal, drugs or weapon used to commit a crime, would they still need a warrant or could anything they find be used against in a court case?

Example, Say my father is a cop and he goes into my room, in his home, in uniform and finds drugs and then arrests me, would the drugs be inadmissible because he didn't have a warrant or is it okay because it was his home?

Answer: Your parent does not need a warrant to search their child's room in their own home, regardless of their occupation. The evidence and the parent's testimony could then be used against their child, but it would have to be done carefully to avoid any potential self-incrimination.


Title: If you are 21 and drinking at a party where there are minors drinking, what is your legal liability?

Question: Not a situation that happened, but if I were at a party where minors were drinking and the police broke it up, would I be liable for anything? This is in PA, USA.

Answer:
 When you say minor, do you mean a person under 18, or a person under 21. If the person is under 18, you could be charged with contributing to the delinquency of a minor, but if the person is under 21 and at least 18, I don't think you can be charged with anything unless you provide the alcohol.Answer #2: It depends.

Possibly, contributing to the delinquency of a minor.  Some variant on providing alcohol to a minor.

Best bet is to not drink at a party where there are minors.


Title: [US] Burned down Public Building as a Minor, now have to pay off the damages ($60,000)

Question:
This happened a few years ago (United States), but I am feelings the effects still:

Some friends of mine were in an old building that had not been used in years.  I believe it was marked as historic, but nothing was being done with it (no museum or anything).  It was old, it was empty, so naturally as kids they went playing around in it.  One of them had a lighter and was burning stuff inside the building.  They thought they put the fire out, but it was a really old and (and except for the basement which was flooded) very dry.  Turns out that it burnt up in record time that night, and eventually word got out that they were the last ones in it, and they had fire.

Eventually they were tried, and went to boot camp for a while (I can't remember how long).  They were also ordered to pay damages.  One of them, his parents had home owner's insurance that covered the cost.  But my one friend (we'll call him BILL) had no money, he came from a really poor family, like no running water or heat in the winter time poor.  So he couldn't afford to pay anything.

Fast forwards a few years, Bill now has a job, and is making a decent living.  Well, he gets called back into the court and he is ordered to pay $100 a month for the next 50 years to pay off the damages to the building (his portion of it).  $60,000 total, and he'll almost be in his 80s when this is finally behind him.

Now, for the advice.  Is there anything he can do?  Can you make a minor be responsible for paying $60,000 in damages?  He wasn't even the one with the fire, he was just there.
Topic:
Criminal Law

Answer:
 > Can you make a minor be responsible for paying $60,000 in damages?

Clearly, as the case has already been adjudicated, yes he can.

Actions have consequences. Just because you are dirt poor doesn't mean you aren't responsible for those actions. And can I just say: $100 a month seems eminently reasonable. If he's making a decent living I'm sure he can up his payments. The only reason he will be in his 80s before this is paid off is because it's such a low repayment rate. A very reasonable repayment rate I might add.


Title: My husband and I are in the process of buying a house, but my name is not going to be on the mortgage because I'm in the process of rebuilding credit. What do i need to do to protect my legal rights?

Question: We will bill making all payments, payments of fees, etc. from joint bank accounts. We both work, even though I am a full time student, and he makes roughly 250% of what I do. After I graduate (in three years), I will be the primary breadwinner, bringing home substantially more than him.

Answer:
 Make sure you are both on the deed - that will protect your financial interests.

Answer #2: As long as you are in the title, you are good. Is there a reason you are not on the mortgage? If you keep current on your payments, it's a great way to rebuild your credit.Answer #3: Have your name on the title. The title states who owns the house, not the mortgage.Answer #4: In NJ, if both are on the title, then both have to be on the mortgage. Also, a spouse cannot be omitted.


Title: Recording my wife in my home

Question:
Long story short, I'm going through a divorce. My child's mother is proving her instability to me and I was advised to record her to help my custody battle.

In Illinois, what is the rule here? Disclosure, consent?

Thank you.

Answer:
 In IL, if a person has a reasonable expectation of privacy (such as in their own home), they need to consent to being recorded.Answer #2: >and I was advised to record her to help my custody battle.

Advised by whom?  Your divorce lawyer, that you should have?


Title: (OK) Stop sign right of way?

Question: (Oklahoma) I was turning left at a 4-way stop today when this happened. I arrived at the intersection before another car. I was headed east about to turn left and he was headed to the north (going straight). I didn't get there very long before him but it was clear I did arrive at the intersection first. I turned and he proceeded to aggressively tailgate me, and threw up his hands in an angry gesture. He was behind me for long enough to take down my plate number, I don't know if he did or not. Could he possibly get me in trouble for anything?

Answer: No.


Title: My wallet was stolen and now I have a warrant in a state I’ve never been to

Question: I’m a resident of Massachusetts. I was driving home today and got pulled over for window tint. No big deal, I thought. The officer comes back and says “You know you have a warrant in Ohio? You should probably get that taken care of.” I was so confused because I’ve never been to Ohio in my life. He didn’t arrest me or anything. I was so confused. I called the police department that issued the warrant and they said they can’t give me any information unless I show up in person with an ID (6 hour drive). The only thing I can think of is someone used my ID or something. My wallet was stolen in front of my house about 2 weeks ago. The warrant must be very recent because I got pulled over about 3 weeks ago and he didn’t say anything about any warrants when he ran my info. I don’t know what to do. The warrant is for fraud and grand theft. I’ve left voicemails with a few attorneys in Ohio and will get in contact with them first thing Monday morning. Not sure what else to do. Im in business and having this on my record with ruin my life.

Answer:
 > police department that issued the warrant and they said they can’t give me any information unless I show up in person with an ID

At which point they will surely give you all the informations and totally not arrest you. /s

Attorney. Now.
Answer #2: Having a lawyer look into it is probably your best bet.

I assume you reported the wallet theft?  Answer #3: Did you ever file a police report and notify authorities of your missing I.D.? That’s kind of a big deal.Answer #4: You should do the identity theft checklist.

Check the sidebar -->Answer #5: You don't call the police department in question, you call the court that has jurisdiction.  You're most likely going to need to hire an attorney in Ohio to resolve this.


Title: Biotech company abusing employees. Can someone help me with a legal course of action? [X-post from /r/bayarea]

Question:
Hey guys and girls,

This is a X-post from /r/Bayarea. The company in question is located in the California, Bay Area...Alameda County. I recently posted a desperate post about working at an abusive Indian Biotech company. You can read it here:

http://www.reddit.com/r/bayarea/comments/30y9b4/so_helpless_and_depressed_california_dream_has/

I now have to put my personal pleas for help aside as I have to ask this community to help me pursue legal action for a co-worker. Please read....

Long story ahead: My co-worker (let's call him Sam) is from India. He was brought out here on an L1B visa by my Indian biotech company. Sam is a top-notch dude, honest guy, hard working, family man etc. Unfortunately Sam was being treated miserably by this Indian Biotech company, working weekends, lifting heavy ass crates (he's a small, frail indian man), working overtime for a very low salary....IN RUPEES, despite living in the Bay Area. Sam was also made to pay RENT at the company's "guest house" amounting to $1500 a month. Keep in mind, this house is being shared by 3 others paying the same amount. Sam and I recently traveled on the field to 2 states. Sam incurred $672 in expenses (very heavy amount for him due to him earning in Rupees). When we got back, Sam got blasted by our boss for an "out of box failure". In engineering, this is completely not the field engineers' fault, but our boss has no idea who to blame but Sam. After a long discussion, boss decided that Sam has to go. Now here's the fucked up part......Sam was given an ultimatum to leave by April 5th 2015 OR Pay $1500 for another month at the guest house. He was also asked to pay for the ticket WITH HIS OWN MONEY! In addition to that, THEY REFUSE TO RE-IMBURSE HIS TRAVEL EXPENSES!!! This dude is hurting so bad and I've heard his wife cry over the phone, i'm just so sad for the guy.

Can someone here help me pursue legal action? I'm totally sure this is against the law as an L1B employer has to pay for the employee's ticket back home and other expenses. I'm itching for justice, and I hope reddit can help me serve :) Thanks for reading!

TL;DR: Biotech company firing a foreign employee, won't pay for his ticket back home, re-imburse his on-the-job travel expenses in addition to many other violations. Please read the full story above.

EDIT1: I'm going to list some other questionable things this company has done:
1) Back-dating on official documents, falsifying signatures.
2) Throwing instruments into the "junk area" for an ISO inspection and then re-using them in manufacturing at the end of inspection
3) Falsifying QC documents (instruments would clearly fail but would be listed as PASS)
4) Denying health insurance for foreign workers on L1B visa by "dragging out the application process"

Answer:
 Report this to the [California Department of Labor](http://www.labor.ca.gov/)

It will take a couple of calls to get to the right person to talk to - be patient and keep explaining what is going on. They'll help.

(You may put both your jobs at risk but this is ridiculous and needs to stop.)


Title: [IN] Currently selling my house but need to back out

Question: [deleted]

Answer: Do you not want to sell the house, or do you not want to do the repairs? As part of the accepted offer, did you promise to make repairs?


Title: If I wanted to call my business "Mayor of Science" , am I allowed to?

Question:
Obviously Mayor of Science, Inc d/b/a Mayor of Science.

State Tennessee.

I am also debating 'Mayors of Science', which I presume would fall under the same law. I would title myself "President" of Mayors of Science, most likely... unless I am allowed to call myself the "Mayor of Mayors of Science", etc...

Thank you. :)

Answer:
 The law prohibits a name that states or implies that:

> The business is an agency or instrumentality of, affiliated
with or sponsored by the United States or the State of
Tennessee or a subdivision or agency thereof, unless
such fact is certified in writing by the appropriate official
of the governmental entity

Since collection agencies are granted charters for names like "Bureau of X" and since there is no municipality in TN called "Science", it would probably be fine within that state.


Title: Ex-gf slammed into my car when I tried to leave

Question:
Edit: location is Houston, TX. Also we're both physically okay.

I hope I'm in the right place. I have no idea what to do. My now ex and I were having an argument over something she just wouldn't let go, I'm still in shock from the accident so I can't even remember right now what the fight was about. There was just no talking her down over this petty issue so I decided to leave. At first she tried to stop me by accusing me of taking her things, but I've fallen for that before and it just ends with her taking stuff to use as leverage, so I kept going. Surprisingly, she didn't grab onto my bag or clothes to stop me, so I was relieved thinking I'd actually get a chance to get some time to cool my head. I get in my car at the end of the street and start driving forward toward the exiting street of the neighborhood. Then I see her reverse her massive SUV from her driveway to block the street. I start reversing, and she gets back in her vehicle and I see her pulling it back up into the driveway. There's a slight bend on the road, and some parked cars, so I was out of her line of sight without having to back up all the way. When I saw her pull all the way back in and her brake lights flash, I took my opportunity and sped up to a cool 15-20 mph to get on out of there. Then, as soon as she saw my car emerge from behind the parked ones, which she had to have been looking for, she reversed HARD and slammed into my car, turning it perpendicular and sending her all the way up the curb on the other side of the street and into her across-the-way neighbor's yard.

http://i.imgur.com/wamCfkH.jpg

That's the damage to my car. I only have liability insurance and so does she. My car is fucked, leaking some reddish fluid, and her back right tire no longer turns. I am in between jobs and have no money at all, in debt over $5k. I have job training next week three days in a row, and will be starting about a week after that. She has maybe $500 to her name. This car is my lifeline, and I have literally nothing else, practically on the verge of homelessness. What do I do? What *can* I do? I have no one to turn to, no options that I know of. Please help.

Answer:
 Her liability coverage would cover you...but it was an intentional act on her part which is usually exluded. So if you make a claim for damages, her insurance will pay for your repairs - but only if it was an accident. Answer #2: If she's judgement-proof and effectively uninsured, then there might not be much you can recover from her as far as the cost of repairing your car, but you should _absolutely_ file a police report. Reckless driving like that is a fairly serious crime in most jurisdictions, especially when it's done with intent to injure someone or to damage someone's property.

You can, in theory, recover the cost of repairs from her (or from her liability insurance), but that's going to require a lawyer willing to work on contingency. Get a consultation on that as soon as you've filed your police report. More immediately, you can either eat the cost of repairs yourself, or you can get the cheapest, beater-est replacement you can find, or you can go without a car. I know none of those options are terribly attractive, but there's no public fund for replacing uninsured motorists' property. Next time, insure your car properly: this is what insurance is _for_.


Title: Do I have any possible case for landlord negligence

Question: My roommates and I live in a college town apartment complex and were recently robbed while all of us were home. My roommate came in from studying for finals at about 5am to take a 2 hour nap and didn't lock the door when he woke up at 7am a ton of stuff was missing from our living room. My roommates seem to think that we have a case because there has actually been a slew of about 15-20 robberies just in our row of apartments in the last month and the complex did nothing but send out a flier. There is no sort of security cameras and the only security guards they have work on the weekends only to bust parties. None of us have any sort of legal background but I was just wondering because we are supposed to meet with the owner of the complex and I want to be prepared before we do so.

Answer:
 You didn't post your location, so this answer is very general.

I don't see where you have any cause for a negligence suit against your landlord.  First, and most importantly, the negligent party is *your roommate*.  Your landlord could've installed the greatest security system in teh world and it does no good if you don't use it.

Second, the landlord is not responsible for the actions of others.  I'm not aware of any jurisdiction where security cameras or guards are required.  The landlord isn't responsible for protecting you from any and all issues that may arise.

In short, if you want to sue someone, sue your roommate.Answer #2: Is your landlord batman? What did you want him to do about local crime?

Try suing the police first.


Title: My mom is selling her manufactured home as is for cash. Is a letter that is notarized legally binding just in case something happens?

Question: [NEVADA]He has already given her a deposit down for the house but is paying the rest in cash. I'm just nervous that something can happen so I'm having them meet together when they transfer the title to have a letter notarized with all their terms. Is that secure enough?

Answer:
 Notarization in 49/50 states (Lousiana is different) means that the notary verified someone's ID and then watched them sign the document.  That's pretty much it.  It is a defense against "I never signed that" claims.

A non-notarized agreement is binding in most US states, as long as the "I never signed that" defense doesn't come up.  If you and I sign a contract for me to give you a fudgesicle in exchange for title to your house, it's binding.

So:  Dispute over the terms of the contract, the meaning of words in the contract, the calculation of damages under the contract, the properties/consideration to be exchanged  under the contract ,etc:  Notarization is meaningless.  We're not contesting *that a contract exists*, just the terms thereof.

Disputes over "I never agreed to this": notarization is relevant.


Title: I got hit by a car while biking on my college campus. The driver was a university employee. Should the school be involved?

Question:
This happened while I was biking on campus property. A car made a right turn into me, trying to get into the faculty parking lot that I was biking past. I was knocked off my bike and hit the ground; the car stopped and the driver hopped out and asked me to move so that he could go park. I was in shock and figured that I wasn't injured, plus I was now late to give a presentation worth 30% of my grade, so I moved my now-damaged bike out of the way and started speed-walking to class. I'd made it about half a block when the shock wore off enough for me to realize I couldn't move my left hand. I immediately turned around and rushed back to the lot where the car that hit me was now parked so that I could take a picture of the license plate (the driver was gone).

\[In hindsight of course I should have stayed and made the driver give me his information but I was being an idiot/stressed about my presentation/didn't think my bike was damaged/didn't think I was injured\]

&#x200B;

The campus health center took x-rays and my left wrist and thumb are fractured. I'm currently in a splint while I wait for my appointment with the orthopedics specialist. There's a chance I will need surgery to fix my hand, and I am definitely going to be in a cast for the next couple months and doing physical therapy for a while after that so that I don't lose the ability to use my thumb. On top of that, my bike is broken and I now have no reliable transportation.

&#x200B;

I made an incident report with the campus police department and gave them all the information I could; they said they're trying to track down the guy who hit me (shouldn't be too difficult as staff cars are registered with the university) so that I can get his insurance information. I'm double covered under my parents' medical insurance so hopefully the whole fracture issue won't cost me too much, but as a broke college student I am still worried about copays, plus I need to either fix my bike or get a new one so that I don't have to walk multiple miles every day.

&#x200B;

My questions are:

1. Is it possible to get some sort of compensation from the guy who hit me or his insurance, and if so how do I go about doing that?
2. Because the accident was on campus and involved a university employee, should I involve the school - and if so, how do I go about doing that?

Answer:
 1) maybe, it would depend if he was negligent.  If you were riding your bike on the sidewalk you very well may have been breaking the law and be considered partially responsible

2) depends if the employee was doing something work related while driving or driving a university vehicle.  if he was just driving to work in the morning then the university has nothing to do with it


Title: [WA] Landlord wants to change carpet in whole house and wants me to pay

Question: So my old landlord wants to change the carpet in the room I left due to some small damage. I'm fine with paying for that, but he said if he can't make it match the rest of the house how he likes it he'll replace the entire house carpet and charge me. I'm pretty sure he can't do that.

Answer: How long were you in the house? If the carpet is 7 years old or greater it's value will be 0. You only own for lost value due to neglegence, you never owe the cost of new carpet unless you destroyed new carpet. If you lived there for any duration it's not new.


Title: I am going to court tomorrow for a protective order I filed, and I am representing myself.

Question:
I posted on here a few weeks about my parents trying to kidnap my daughter in Oklahoma. I filed emergency protective orders and the hearing is tomorrow to make it permanent.

I have printed out all emails of them harassing my wife and I, call and text logs of them repeatedly calling me and my place of work. I have also printed an email from DHS saying that our case was closed(parents filed a false DHS report) and copies of the 2 police reports I filed for the harassment.

But most of the harassment and threats have happened in person. For example they have driven by our house multiple times, and even came up to our front door unannounced trying to talk to our daughter(18 months). So a lot of my evidence will come from my own testimony.

I have prepared what I am going to say to the judge for the last 2 weeks and have it down pretty good. All in all it is about 3-4 minutes in length, explaining everything that they have been doing.

I am wondering what the process is like once I am called in front of the judge. Will he just ask me what is going on and I’ll be able to explain everything? Or will he first ask to see all the evidence and have me explain piece by piece? Or will he just ask for all the supporting documents after I’ve explained the situation?

Any advice and/ortips on what to expect in the hearing would be very great, thank you.
Topic:
Custody Divorce and Family

Answer:
 Not licensed in Oklahoma, but generally, first, you will get to explain everything. The judge may or may not ask you questions. Then the other side, or their attorney will be able to cross examine you. Then the other side testifies, if they have an attorney , their attorney will take them through it. You can then cross examine other side. You may be allowed to give a closing statement that summarizes the evidence in an effort to convince the judge to do what you want. This is a general, basic outline of how trials work. I didn't discuss witnesses.
Others feel free to add.Answer #2: Word of advice, DO NOT be emotional or stare at them or react to anything they claim. Simply be cool ,calm, and collected. The Judge is profiling you from the second he walks in, show him you are stable and responsible and a credible person. Answer #3: u/Gregorfunkenb gave a good explanation. I just wanted to add that if you don't have security cameras, you should get some, since you said they drive by your house and show up at the door. If you are granted an order of protection you'll want to have solid documentation if they violate it.Answer #4: If you haven’t already, make sure you have at least 3 copies of any and all paperwork you will be submitting to the court.


Title: Can anyone make sense of this?

Question:
My sister lived with me and her 3 kids destroyed the rented house that was in my name. We paid a security deposit of $1750.00. But after the final bill it says i owe $205.00 to the landlord. Can anyone explain why I owe more than the damages? [https://imgur.com/a/rFGIX9p](https://imgur.com/a/rFGIX9p)
Topic:
Landlord Tenant Housing

Answer:
 You paid a total of $1500 in security deposit.  ($250 was non-refundable, for whatever reason).

You had $1,705.11 in damages.

$1750.11 - 1500 = $205.11


Title: (Florida) The Neighborhood Drug Dealer is Now Selling Candy Out of His House.

Question:
Of course, Florida.

The drug dealer across the street is super obvious but I've not seen any police activity there ever. I need to call narcotics on him but I want to remain anonymous. How do I do this? Do I call from a pay phone?
Anyway, he's also selling candy and sodas out of his house now. He's offered my kids these items and they've come home asking for money for them. It's hard to avoid the guy because his kids and wife live there and the neighborhood kids all play together. It's not as simple as, "Stay away from that yard".

Is there a law that says you can't sell food out of your house? Like a zoning law? I mean I know it sounds strange but maybe get them in there on the zoning and then they'll get caught for the drugs also?

Topic:
Drug Possession

Answer:
 ITT: People who have never lived in a legit bad neighborhood.

It's easy to say just do it, but OP's concern for anonymity is valid. If he really is the only one not buying drugs from the guy, I guarantee the rest of the neighborhood knows it and there'll be retribution when they (rightly) assume he was the one who contacted the cops. It's easy to tell him to just man up and call the cops, but he's not the only one at risk if he does.

OP, keep in mind I'm not a lawyer but I've called the non-emergency line and led the conversation by making it clear I'd like some help as long as I can remain anonymous but it was for much more minor issues. In your case, I'd call an anonymous tip line. Answer #2: Call your local PD and tell them that you think your neighbor is selling drugs and now he is luring children to his house with candy. That should get the response you're looking for.Answer #3: Instead of calling the police, could you call CPS and leave an anonymous tip? If they go investigate, they will probably pick up on the rest of it and then you have plausible deniability  because there are a lot of "mandated reporters" in the kids lives with school, etc.


Title: A Few Questions From a Canadian Marrying a US Citizen in the US

Question:
My fiancé (American) and I (Canadian) are planning to get married in the US next summer and I have a few questions on the legality of this scenario.

As mentioned I am a Canadian citizen who resides in Canada. I'm a professional (Olympic, so technically "amateur") athlete who travels extensively on and off all year long. Mainly to Europe, with some of it to the US. I don't have an income in the US, but I do train fairly frequently at facilities there.

I spend quite a bit of my off time at her house in the US. The longest single stint each year would be for about a month.

From my understanding I'm free to come to the US to get married as long as I don't plan to reside in the US and leave before my visa expires (which as of now is no visa, just visiting as a Canadian citizen). Is this correct?

After we're married, am I free to continue to visit throughout the year without any special visa or green card? Adding on this, is there any way I could obtain a green card so I can stay in the US as long as I'd like after marriage? With my extensive travel schedule, staying in the US for more than a month or possibly two wouldn't be possible which complicates things from my understanding.

Answer:
 You may be denied entry at the border when entering for the wedding. Do not lie if they ask you why you are entering. You may be barred for years if they find out you are lying. You may be denied entry at any point after the wedding as well at the discretion of the CBP officer.

The best options for you are either a K1 or CR1 visa.


Title: [Florida] What exactly is considered public nudity?

Question:
I like to tan in my backyard as clothes free as possible and was wondering what exactly is considered 'nude'. For example, could I lay with no clothes on but put some material over my genitals? What about pubic hair in this situation? Is a bare butt nude? I wouldn't think so considering a female can wear a g-string, but who knows? I'm a male by the way.
Topic:
Other Civil Matters

Answer: Grandpa?


Title: [Ohio] Is it legal to buy/sell worn panties?

Question: Basically I would meet the woman in a public area. She would discretely remove her panties and I would pay her for them. Would there be anything legally that I would need to worry about?

Answer: As long as she is over 18 and does not expose herself, you should be all set. Weirdo.


Title: Apartment Complex towing cars Illegally (Houston Texas)

Question:
During the weekend, Friday to Sunday, There was a festival next to my complex. The owner decided to put cones up in the back of 6 of the 10 front parking slot stating " <village name> Reserve H.O.A. Parking" without notifying anyone ahead of time. Mind you the cone is about 6 inch with a paper attached to it. Most of them were either knocked down and out of position to super hard wind, ( wind advisory was announced that week by weather app). I parked there Thursday night before the festival started but I have no witness. my only argument is that the signs are not eye leveled and small, strong winds and half are missing, not notifying people, and there was absolutely no way they can tell which car they could tow or not. There were no stickers given and the visitors were removing these cones and a lot of us were getting screwed. Also, the only one that are qualified to park there are less than 3 members. It is a private parking lot and I think this is illegal. I already talked to the owner and he gives 0 cares about his method of use.

Do I have a Case if I take him to small court claims. It costed me 230$ and at least 15 people were towed. This was in Houston TX, US

Answer:
 [Texas has laws about tow signage requirements, and a process to contest what you believe to be an illegal tow. There is a $36 fee to file.](http://www.jp.hctx.net/tow/TowHearings.pdf)Answer #2: Hold up, do you live in this complex and landlord towed the car from the parking spot you get in your lease?Answer #3: > It is a private parking lot

If it is a private parking lot, why couldn't the owner tow people?Answer #4: You absolutely have a case in small claims court and this site will walk you through the process: http://texastowingcompliance.com/

You may even be able to recover more than you had to pay for the tow.Answer #5: Even if you had seen the sign, I don't understand how " <village name> Reserve H.O.A. Parking" puts you as a resident on notice that you are not allowed to park there. Who were the spots supposed to be reserved for, if not for residents?


Title: (US-CA) My wife and I are going to divorce.  Nothing filed yet be she is already talking about moving my kids 100 miles away.  How do I file a court order or motion to stop this?

Question:
I got a free phone consultation from an attorney that told me I could file a motion called a Move Away Order or and Order to Show Cause but they didn't go in to any kind of detail and said I would need to pay a $3,100 retainer before they could do anything for me.  I don't have that money and would hate to put it on a credit card.  Can anybody that knows tell me what I can do for myself to file the Motion or the Order to keep my wife from doing this?

Much much appreciated.

Answer:
 Lawyers exist for a reason.  You want to do this right, or it'll be unenforceable.  Retaining a lawyer in this circumstance is smart.

And it's your kids, for Christ sake.  Use the card or borrow the cash.Answer #2: Come on man...hate to put it on your credit card?  These are your kids you're talking about, bite the bullet.


Title: Legally in the USA. Are you able to to force, coerce, or make people, be it minors or adults. into making cntract agreements, Pledges etc...?

Question:
This discussion occurred in [/r/Hawaii](https://www.reddit.com/r/Hawaii/comments/7ieeu5/why_not_do_this_here_visitors_to_the_tiny_pacific/). Whereas the Island Country of Palau has brought up the possibility of forcing visitors to sign an agreement. Stating they will abide by the environmental laws of the island and not pollute or desecrate the waters or land.

One redditor of /r/Hawaii stated that this state should do the same. I maintained it is illegal to do such even to ask them voluntarily as minors are not held accountable to any legal signing of contracts or agreements.

Am i incorrect to assume such? Does any state have the right to make visitors , even minors, to pledge, or sign agreements to such responsibility?

Please excuse the typo in the headline

Answer:
 You can't force someone to sign an agreement under duress and have it be valid.

Private property such as resorts could probably get away with not allowing a person to remain on their property if they don't sign such an agreement. I'm not sure that an entire state could bar a US citizen from entering for a refusal to sign such an agreement.

But it's a bit of a moot point if the rules the contract is enforcing are actual laws. Citizens must obey laws without signing a contract, all that's really needed is proper enforcement.


Title: NY/US at what point does having porn on your PC raise to a charge'able offense?

Question:
I'm noticing lately in the news a lot of suspects are having porn related charges added to their seemingly unrelated cases, like assault, robbery, whatever.  I assume the investigators found porn during the course of their investigation, maybe had a warrant to check a PC, and simply tacked that charge on for more leverage later during any plea deal.

So my question is to legal/law enforcement - what constitutes porn rising to the level of a chargeable offense?  now I'm not an idiot, obviously if it's child, beast, torture, weird stuff, that may raise some issues, but what about regular run of the mill guy meets gal, gal blows guy... etc.  how does the volume of porn come into play?  like if i have 10gb instead of 1,000gb of it on my HD?  what if i can't prove you paid for it - so it's pirated.  should that really matter to the cops if they are charging you with armed robbery?

Answer: Unless "NY/US" is how you abbreviate "Saudi Arabia," you are not going to be charged with a crime for the mere act of possessing standard pornography. Mostly because it's not illegal.


Title: Taking a child out of Preschool in MI?

Question:
The legal age in MI is 6 for mandatory schooling.  My child qualified for free preschool through the Early Childhood Special Education Program.  She has some delays and it's to get her ready for Kindergarten. She turns 4 Sept. 17th.  This is her second year of preschool and because of her birthday she will do one more before Kindergarten.
   School started back on Aug 20th.  My question is, will I get into any legal trouble taking her out of preschool this year?  I ask because she has an IEP and qualifies for free schooling to help with her delays.  This year she had to go to a different school than last year and she usually loves school.  Loves it but this last week she has screamed and cried about getting on the bus begging to stay home.  Maybe preschool this year isn't right for her and I'm considering pulling her out.  Any advice?

Answer: Sounds to me like someone is harrasing her on the bus or perhaps at the new school.


Title: Can my landlord place a camera facing my front door?

Question:
I am going through being evicted right now for late payment of rent. We arrived home to continue packing our things yesterday to find a note informing us that the landlord claims to have heard a "plumbing noise" during the night and that he would be entering our home to check it out by this Saturday. (He lives on the other half of the house). I also noticed last night that what appears to be a camera is now aimed out of his garage window directly at our front porch/ door. Is this legal to do? Tape our front door without notifying us? Can he enter the apartment with this 24 hour notice for a made up, but possibly believable reason? In a related issue, there has been a leak from the roof into our apartment for quite a while now. We notified the landlord when we first noticed, and since then we have not brought it back up. Now there is mold growing on the ceiling. Can he come to us to try to receive money for damages related to the mold?

edit: i am in Connecticut

Answer:
 1. Mold is on them unless they can prove you put it there yourself and did so maliciously.
2. Yes they can have a camera, as long as its not looking inside your house you have no expectation of privacy.
3. he can enter with 24hr notice for any reason at all, it doesn't even need a reason it can just be he wants to inspect, if these notices and visits become excessive (lots of them over a short period of time) you may have some recourse otherwise nothing wrong with this.


Title: [California] Does a conversation happening just outside my window, one which I can hear pretty well from inside, have "expectations of privacy"?

Question:
I live in a small complex on the 3rd floor. Just outside my window is an area that is physically accessible from the 2nd floor, but not allowed for entry per rules of the complex. This area is open-air and visible from the streets (maybe 30 yards away), with a walkway a few yards away. One day I heard a man and woman having a conversation in this area. I asked them to leave, citing the rules, and they continued their conversation. I then took out my phone and started recording (video + audio) in order to show the manager. The man then threatened to sue me for invasion of privacy. I understand California is an "all-party state", but can a conversation happening outside my window, in an open space as described, one which I can hear pretty well from inside, have "expectations of privacy" or considered "confidential communication" per CA Penal Code Section 632?

Thank you very much.

Answer: The only possible tort that would apply here is the Invasion of Privacy by intruding into private affairs. However, in CA it's established law that simply recording a conversation in public is insufficient. *You have no reasonable expectation of privacy in a public setting.* [The element of intrusion “is not met when the plaintiff has merely been observed, or even photographed or recorded, in a public place. Rather, ‘the plaintiff must show the defendant penetrated some zone of physical or sensory privacy surrounding, or obtained unwanted access to data about, the plaintiff.’ ” (Sanders v. American Broadcasting Co. (1999) 20 Cal.4th 907, 914—915 [85 Cal.Rptr.2d 909, 978 P.2d 67], internal citations omitted.)].Answer #2: If they are loud and obnoxious then they give that right up.   As an example if I am in a restaurant and there is a group who have not learned the concept of "inside voice" and I am in the mood, I will comment on the conversation, to them or who ever I am with.  If they comment like "we arent talking to you"  I tell them yes they are because not only me but the entire area with in 50 feet of you can hear every word you are saying.  If you dont want us in the conversation then pipe it down.   And they get pissed off and get the point.


Title: Dealer burned out the clutch on my new car. What can I do?

Question: Long story short, I just leased a brand new jeep, and the dealer's driver burned out the clutch during transport to my dealership. The Dealer gave me a loaner and says they'll have everything taken care of, but I'm concerned there will now be lingering issues. What are my options? Can I ask for a different model? For the more car savvy...will the burned out clutch from a single 100 mile drive lead to other major issues? Not sure where i should post this but thanks in advance for any and all advice.

Answer: I have no idea how they managed to destroy a clutch in 100 miles.  But a clutch is a wear item and designed to be replaced.  I wouldn't expect any other issues afterwards.


Title: (FL) Open carrying at state park while camping

Question:
Will be camping in a tent a state park in Florida. Even though legally they can’t stop me from legally possessing my gun in the car I decided to just call to make sure there was no funny business going on and they confirmed that I can possess it.

A little more of a grey area in mind is the FL statute 790.25 pertaining to open carrying in the state while camping and fishing. I do not have a concealed carry permit and for unrelated reasons I do not plan I’m getting one before this trip, nor do i plan to conceal carry obviously. Under the statute I *should* have no problem doing so, just wanted to make sure there’s no like 2 point size font somewhere saying except in state parks or anything like that.

Please none of the sovereign citizen BS, I don’t care, asking if I can carry a gun while camping doesn’t make me a sovereign citizen. I’m literally asking to make sure I’m not risking a confrontation or arrest by doing what I presume to be completely legal. I don’t even understand how asking this would make me one, their purpose is to break the law in order to get a reaction and I’m doing the polar opposite...

Answer: Get a CCW.  Anyone can get one in Florida.


Title: I was accidentally given something I didn't order, can I keep it?

Question:
I live in the U.S, Pennsylvania.
I ordered two items from Outlet PC, a motherboard and CPU cooler. I instead received the motherboard and Corsair RAM. I didn't notice the RAM until just now and had already emailed them saying I didn't receive the cooler and they responded with "I can confirm we made a mistake with shipping and have shipped you the cooler tonight, you can expect it by early next week". So I got that solved but as for the RAM I didn't order, am I allowed to keep it or do I have to send it back? I'm worried that they'll charge me for it. I have the paperwork to prove that I ordered the motherboard and cooler and got the motherboard and RAM instead. I read online that I under the law I am allowed to keep the item as I did not order it, this true? I'm stressing out over this.
Topic:
Consumer Law

Answer:
 You can email and ask for a return shipping label, so they pay to have it sent back. They made the mistake, they can pay to fix it.
Answer #2: > I read online that I under the law I am allowed to keep the item as I did not order it, this true?

Lots of people interpret that wrong including you. The law is designed to prevent a seller from shipping somebody completely unsolicited and then sending a bill. What happened to you was a shipping mistake.


Title: My BIL did something stupid and my wife is worried it's going to come back to bite him in his divorce (NY)

Question:
I'm just looking for advice because I don't know what to tell her.

My BIL cheated on his wife. She found proof but he beat her to the punch and filed for divorce before she could. She was served with the papers on their sixth wedding anniversary. He boxed up her stuff and left it on the porch and changed all the locks on their townhouse. He also withdrew all of the money from their three bank accounts and sold the car they shared. In the month leading up to the divorce he racked up $5000 on her credit card buying online stuff without her knowing.

Both of their names are on the house and the three bank accounts and were on the car. They bought the house and opened the three accounts when they got married six years ago but my SIL paid 100% of the down payment and has made 100% of the mortgage payments. The money in the three bank accounts was 100% deposited by her. The car was paid for 100% by her. My BIL didn't pay a cent towards the down payment and has never paid a cent towards the mortgage, car or credit card or put a cent in the bank accounts. My SIL is not from money but she works for the government and was the breadwinner. My BIL is a part-time bartender and gets his pay and tips in cash (He doesn't work under the table, it's a legal job and my SIL told the accountant about it at tax time)

The day he did all this my SIL went to go stay with her dad. She told my in-laws that she is devastated but that she didn't cause a scene or yell at him because she doesn't want to jeopardize her job and her security clearance. She hasn't put any more money in the bank accounts and she cancelled the credit card but she is still paying the credit card balance down and the full mortgage and everything else for the house for the same reason and because she doesn't want the drama from her personal life affecting her credit or her job. She has a lawyer and says she will deal with his actions during the divorce in court.

My wife is worried about her brother. I think his actions are going to come back to bite him. I don't know anything about divorce law so if anyone knows what the process is I would appreciate hearing about it. I don't think it's going to go very good for him but my wife is worried and I don't know what to tell her. The location is the state of New York. Thank you.

Answer:
 Your brother-in-law can anticipate a complete accounting of the martial assets in the divorce action.  He can anticipate that if there is equity in the townhouse that his share will be reduced by the value of the assets he took out of the martial estate.  If not, he may be ordered to pay her cash.  He may be ordered to compensate his wife for the further inconvenience of being locked out of his home.

Perhaps more importantly, your brother-in-law can anticipate that the judge will be annoyed with him (to put it mildly).  That is never a good position to be in.Answer #2: > He boxed up her stuff and left it on the porch and changed all the locks on their townhouse. He also withdrew all of the money from their three bank accounts and sold the car they shared.

Yeah that can all bite him in the ass real hard.Answer #3: Is your wife worried about how horrible a person he is, or how this might financially affect him? Because either way she should be worried.Answer #4: No advice, but why would your wife be worried about such a horrible person?


Title: [TX] Limitations of 'other duties as needed' clause

Question:
TL;DR: what's the gist of the 'other duties' clause?

Corporate drama. My workplace has fairly defined job roles (a mid-size company of a few thousand people), associate to full employee to senior to lead to supervisor to manager to director to VP. Each step has grades, etc.

My supervisor took another job within the company, and my manager has said we aren't going to replace him 'because he didn't do much'.  I've worked with my former supervisor for 5+ years, and he was working 60 hours a week as mid-level management and a technical resource. Which is, amusingly, why he took the other job, and specifically what he told our manager.

I'm a senior, who fills a 'lead' role by strict definition, but I don't want to assume the 'supervisor' responsibilities without compensation. Hell, to be blunt I don't think I want the supervisor job at all. I've watched several people go through it. Our management gives no buffer for upper management, _and_ are 'yes' men, so any single thing management asks about instantly becomes our top priority drop everything.  Plus it's salaried and they just expect you to work however many hours it takes to get things done, on a 24x7 clock.

So my question is how do I protect myself? I've already started looking for the job postings for the Lead and Supervisor roles to see where I fall, but they tend to be very vague, and our manager loves to use the 'other duties' clause as justification for _everything_.

Answer:
 > TL;DR: what's the gist of the 'other duties' clause?

It's a polite reminder that your employment is at-will and that the written job description is not binding.

If - and pretty much only if - you're subject to a binding contract controlling responsibilities and termination, or a union agreement covering same, then you have some recourse if you're asked to do something outside of your job description. Otherwise, in an at-will jurisdiction, you can be disciplined or fired - on the spot, if necessary - if you refuse most kinds of task. The only major exceptions are things it would actually be illegal for you to do, or work that would be unsafe.

You can and should try to negotiate a raise to go with your increased responsibilities, but your employer is entirely within their rights to refuse. That cuts both ways: if they won't compromise with you, you don't have to work for them, either. In an at-will job, you can quit on the spot, too. Given that your employer demonstrably does not concern itself with burning out employees in that job, I think looking for other work would be wise: you're getting that promotion whether you want it or not.


Title: Legal rights for cross country road trip [USA]

Question: I plan on taking a road trip in the near future, from NYC to Chicago and I'm wondering what my actual legal rights are, as they pertain to traffic stops, border patrol checkpoints, etc. When passing through Cleveland, I see I will be within 100miles of the Canadian border and am concerned about possible US customs and border patrol checkpoints. I've also heard of police in rural counties setting up checkpoints for drugs or dui's. What are the legalities of these types of stops, what are my rights in terms of detainment and searching my vehicle?

Answer:
 These things are all legal within a certain scope. Broadly speaking, you should be polite to the officers and obey their orders. The time to argue the legality of a stop is in the courtroom, not the side of the road.

I have to ask, why are you so concerned about getting pulled over? It happens sometimes when you drive, even just around town. Generally, as long as you're not carrying anything illegal you'll be fine.


Title: Surprise medical bill for voluntary, scheduled procedures. What to do?

Question:
TLDR - I recently received a medical bill for about $2,000 for voluntary services, which was a complete surprise. (US - NY). If I had any idea it would cost me, I simply would not have had it done. What to do?

Backstory - Last few months I saw a few different medical specialist (dermatologist, allergist, urologist, therapist) for an issue. I have ok insurance but a $2,000 "deductible". I had a few blood draws and many urine tests with $0 charge to me. I had quite a few office visits and was only charged a $30 co-pay. Also quite a few prescription pills and even an expensive topical cream and just paid the $20 copay. At this point I assumed I would be told if something would be applied against my deductible because so far NOTHING has.

They then called and said there was something worrisome in a recent test and asked me to come in for 2 more tests. I did.  They found nothing wrong at all, though I did get an infection FROM that last test. One week or so after I got a bill for $600.  Also, the same week, they suggested I try having a slow-release pill placed under my skin to increase some levels. The doctor made a 1/4" cut, pushed in the pill and put on a band-aide (no stitches). On the very same bill I was charged $1,000 for that pill and $400 for 'implanting' it.  At no time did anyone ever mention if it would or would not apply to my deductible, let alone how much it cost me out of pocket. Again, if I had any idea it would cost me, I simply would not have had these optional services done. My insurance said sure, we would cover it once you met your $2,000 deductible.

Before my next visit I did try to ask how much I would have to pay out of pocket for this next visit. The Dr’s office staff seemed annoyed I even asked.  This took many repeated phone calls to many people over 3 or 4 days to finally get a voicemail with “a rough guess of $0-$40”.  It seems unreasonable to be expected to do this before every visit.

&#x200B;

Answer: I don't understand your question. You thought this was a free service??


Title: My brother (CA) got a letter saying his savings account and income need to be verified in order for his Medical application to be approved. He qualifies income-wise, but he exceeds the savings limit. He wants to transfer the excess money to our parent's accounts. Is this legal?

Answer: Nobody here will help you defraud the taxpayers.


Title: Can I get in trouble for having sex at work?

Question:
I'm in the UK. I am 27M, my coworker is 28M and we work for a private company, in IT. We've been kind of half-flirting with each other for the past several months, and in the past couple of weeks we've had to stay at work overtime to fix some reoccurring issues.

On Friday, we stayed until 8pm, so nobody else was in the building, no other coworkers, no clients, no cleaning people, no one. When we finished the job, we stayed for a coffee and a chat and, as usual, we flirted a little bit, and then I commented on how empty it was and he said if we had sex right then and there, nobody would know. So we just kind of jumped on each other and started having sex. We did it on my desk. I always have cleaning products stashed somewhere, so we cleaned our arse prints and left the place cleaner than before.

Everything was fine until yesterday. During break he told me he's worried we might get fired if anyone finds out. I assured him I wouldn't tell anyone, and he assured me he wouldn't, but I did a bit of research anyway. The only thing I found is that it can, in some cases, be considered gross misconduct, but it's very vaguely described in law and wouldn't necessarily guarantee you'd get fired. I found a bunch of different scenarios that might be considered gross misconduct (sleeping with your boss for profit, having sex on other people's desks/chairs/possessions, sleeping with a client etc.), but I didn't find our particular scenario.

I'm 99,99% certain nobody will ever know, but on the off chance it gets out - what can I expect? Except shame of course.

Answer: Yes you could be fired for this.Answer #2: You can be fired, but I don't think there are any criminal consequences.


Title: (CA) Who is responsible for plumbing bill?

Question:
I live in a condominium and the unit below me accused me of a leak from my toilet. He got a plumber to write a report determining the leak was caused by a bad wax seal and dripping below. I told him it's impossible to see my wax see through subfloor, concrete, and tile. She forwarded the report to the HOA who said they will file a case against me to enter my unit to fix my toilet.

Therefore, I had to hire a plumber to inspect my bathroom. He found no leaks/issues with my toilet/wax seal/etc. Everything checked out fine. I had to pay $150 for this inspection.

I requested the unit below me and the HOA to pay for this inspection since they were accusing me of a leak and told me to fix a toilet that didn't need to be fixed. They refused. Do I have a case? Not sure if $150 is worth going to court for, but just want to know my options. Thanks!

Answer:
 IANAL. To see the wax seal, the First plumber would have to come into your condo, unbolt the toilet and lift it up from the floor. This is quite easy, but they have to be *in* your bathroom to do it.

If you have spare time and energy, you can take the neighbor, the HOA, and the neighbor's plumber to small claims court.

If the neighbor's plumber really lied, you can file a complaint with the licensing board in your town/state.


Title: Can my former boss press charges against me for this?

Question:
While working for a small business, I frequently deleted files that were junk or useless off of my company-owned laptop. Anything of importance was moved to the company's shared Google Drive folders. I hated seeing a desktop cluttered in icons. After I quit, my boss (the CEO) discovered that there was nothing for her to dig through on the laptop after I left. Now she wants to press charges for something I had always done for the entire two years I worked there. She always had, and still does have, access to the files that are in the shared drive. Have I somehow managed to do something illegal?
(Chattanooga, TN)

Answer: No. She can't press charges either. Only the DA can do that after the police have investigated the matter.


Title: Fuckkkk 12 and school

Question:
At my school I got my really expensive 2 wax pens taken away by the counselors in my freshman year now I'm about to be a Junior. I know they still have it as it was shown to my friends parents recently. How can I legally get my wax pens back
Topic:
Drug Possession

Answer: Just leave it alone. You aren't getting your drug paraphernalia back from the school.


Title: Student is concerned about invasion of privacy.

Question:
I'm currently a teacher at a high school, and one of my students suffers from panic attacks.  Whenever the student has a panic attack, she is allowed to leave the room, go to the counseling officer and write in what she calls her "emotional outlet journal."  She writes down how she is feeling at the time, what could have triggered the panic attack and just whatever else she feels like writing at the time.  She just found out today that the counselor has been reading her journal, which she was never told would happen, and thought that it was a private place for her to let her emotions out.  The counselor has also read other students similar type of journals as well.

My student has been very upset today because she feels like her counselor broke the trust that they had built up over the previous years, and that she has had her privacy invaded and now doesn't want to continue using her journal, even though that technique was helping her.

The high school I work at is in California, if that makes any difference.But I just wanted to see if the counselor did have the right to read students journals, if she never made it known to them that she would be reading the journals.

Thanks for any help!

Answer: Sure. How else would you propose a counselor counsel of said counselor doesn't know what needs counseling?


Title: Help! Old job still paying me after 3 months. I've contacted them but no one is responding. Still on payroll so I'm not sure what health insurance I'm on.

Question:
I quit my job 3 months ago (Texas, USA, salary), with a bit of a dispute over how unbelievably disorganized they were (I quit after I was written up for presenting evidence reinforcing concerns I was being set up for job performance failure).  ~6000 person corporate company.  I was a low level employee, no direct reports.  I took a part time job instead.

But they are still paying me my full salary.  I received yet another direct deposit today.  For 2 months I've tried contacting HR and my old boss but no one is responding to emails or voicemail.

This is becoming an increasing issue because my new job doesn't provide benefits (part time).  I haven't received any COBRA paperwork etc, but my husbands HR won't add me to their insurance unless I have COBRA type paperwork showing I've lost previous coverage (my old benefits and company HR helpdesk still list me as an active employee).

Question 1: I can only sign up on my husbands insurance 30 days from my resignation.  But they haven't sent me paperwork, I'm still being paid, and my existing provider still says I am actively covered.  If they send me paperwork would it say coverage termination point today or 3 months ago?  Am I still eligible to enroll on his plan?  Can I still enroll in COBRA?

Question 2: What is the proper process for stopping these paychecks?  I don't have a problem paying it back (I'm not spending it), but the longer this continues the more confusing things become.  My current bank account is setup for my direct deposits to auto transfers money into different accounts checking/savings so all the money is mixed up (but the paycheck is always the same number).

Question 3: IF I were to go to the dentist or the doctor or whatever, who am I covered under?  If they force me to payback these wages, does that also mean I am retroactively not covered by insurance for the past 3 months?

Question 4: If they ask me to pay back the direct deposits, how much do I pay back?  After taxes say they've deposited a total $10000.  Do I pay back $10000?  Would I pay back say $12000 for the 401k %match and insurance?  How does paying it back show up on my income tax?

Question 5:  Considering I quit because I had some increasing evidence I was being set up... this makes me even more suspicious I was in fact being set up.  Am I being set up for some sort of weird legal thing?

Answer:
 Do you have an insurance card in your wallet?  Is there a phone number on it you could call to ask if you currently have coverage?  If you don't, could you ask for a letter to that effect to  give your husband's HR?

Also, once a year your husband's insurance probably has something called "open enrollment", which would allow him to add you.  Ask when that is.

Do you have any sort of pre-exisiting condition?  That may complicate things.

You might also ask over on /insurance what husband's employer will want, and what the best way to ask the old insurer for it is.  You might repeat the whole story, in case they have additional insight.


Title: Public Defenders are restricted for people who can't afford them. So, What would happen in case if a Rich asshole just doesn't hire any defense lawyer for himself? Would he get judgement without any trial?

Question: Assuming, he'll be dick and won't hire any lawyer and pleads not guilty, what'll happen?

Answer: He will be warned repeatedly against representing himself.  And then the trial will go forward.  It's possible that he would be able to successfully defend himself, but fairly unlikely.


Title: Honked at child like man with girlfriend crossing street with no walk, donkey kicks my car. Have witness.

Question: [deleted]

Answer: Jesus Christ, someone needs to repost this to r/titlegore


Title: Legality of hidden camera at work place?

Question:
It is located in the break room and it was placed there by my supervisors without giving anyone else notice.

Location: Texas
Topic:
Employment Law

Answer: IANAL, Typically a business is allowed to install cameras where they choose so long as it's not in a bathroom or designated private space(like a nursing room)Answer #2: Your employer can surreptitiously install cameras wherever employees do not have an expectation of privacy (e.g., the bathroom, changing rooms, etc.).


Title: [CA] Work wants to take away full time status. Lose benefits and maternity leave.

Question:
Hello!

I'm posting this on behalf of my friend, since she's not the best at interneting. She is currently about 5 months pregnant and our work seems to be discriminating her because of this. Over the past week or so they have been telling her that she needs to step down from her shift lead position, which will cut her pay. This isn't the most concerning thing to me. What got me the most was yesterday they told her that if she didn't work Fridays (that's when her doctor visits are) they will have to bump her down to part time, which will basically take away her benefits and maternity leave. She meets the full hours and has had Fridays off for months now and still works weekends, and it hasn't been a big deal.

Every day they have been pulling her aside and telling her that she needs to step down and that she's not doing her job right, but they aren't giving her any suggestions on how to improve or what she is doing exactly wrong. She's gone to HR about the work place being hostile before, but nothing really seems to come from that.

I'm just wondering if she has a case for anything. I feel horrible that she's going through this and she might be losing her benefits just because she won't work Fridays.

Thanks for any help.

Update: She went into work today and once again they told her that she should step down and that they were going to put her to part time. I guess she ended up having a panic attack at work and went to the doctor and ended up putting her on maternity disability until her due date. Work has been trying to call her and she has been saving all the voicemails. Before she left to day she opened her availability in the computer except for the days that her doctor visits are on. And even on those days she put herself available up to 2 hours before her appointment.

Thanks for the input so far. I've linked her this thread to help me answer some questions. But she's still at the doctors office.

Answer:
 She should not step down. If they want to demote her or drop her down to part time, let them do it themselves. It sounds like they're discriminating because she's pregnant, but who knows. Maybe there are actual performance issues. Right now since they haven't actually demoted her, she should just document everything and if they do something stupid she should speak to an attorney. If it can be proven that she was discriminated against due to being pregnant, that's very illegal.Answer #2: Under no circumstances should she step down.  Bowing out will let them off the hook and she will lose her benefits.  If they demote her, it is highly illegal.  They are also obligated to provide reasonable accommodations if in fact, she's having any trouble with her duties.  The relevant law is FEHA (Fair Employment and Housing Act):  http://www.dfeh.ca.gov/Publications_StatLaws_PregDiscr.htm

If she can move her doctors appointments to another day she should.  At 5 months they're probably once a month?  This will deny them an excuse for demoting her.  Even though it's a flimsy, see-through excuse.

She is allowed to use Pregnancy Disability Leave (PDL) for doctor's appointments.  If they deny her time off to go, that's illegal and you can report them to the DFEH at: http://houdiniesq.net/dfeh/intake

You can also call the agency for advice:  Communication Center at (800) 884-1684Answer #3: Does she qualify for fmla


Title: Pot planted predicament

Question: If someone had stolen marijuana plants from a house and then was later confronted by the people they stole it from and the people who stole the plants hit your friend with a car and then both of them filed a police report, one saying that he was hit by a car and the other saying that he jumped on the car, and then a private investigator is involved and he comes to find the reason behind the conflict, but doesn't have enough evidence to prove there were marijuana plants involved, what are the outcomes of and possibilities of the outcomes?    Pennsylvania laws.

Answer: I have no idea what you're even talking about right now. Who is your friend? Who stole the weed? Who is Dave, man?


Title: Gopro stolen from checked bag - any recourse options?

Question:
Hi all,

I flew today from Cancun to Philadelphia and upon arriving home I saw that my bag had been opened

When looking at it in closer detail, there was no inspection label and it was gone through quickly and it in a very messy way

When I unpacked everything I noticed that my GoPro camera was missing

I have contacted the lost and found department at the airport with flight and passenger info to start a paper trail

I have my doubts that this will actually lead anywhere though,

My wife has travel insurance for it, but normally a theft incident requires a police report

Being that this happened in Mexico and I did not realize until I was in central Pennsylvania what options do I have for filing. Has this happened to anyone before, can you offer advice on how to proceed

Thanks

Answer: Uh, have you TRIED making an insurance claim? Best not to assume futility.


Title: Northern CA- bf taken to hospital, placed on 5150 hold

Question: [deleted]

Answer: Police work is very stressful. If he is reacting at the start of the academy to the point where a medical professional places him on a 5150 hold, it may be a good time to re-evaluate their trajectory in life.


Title: What are my options? (Custody)

Question:
South Carolina

My previous [post](https://www.reddit.com/r/legaladvice/comments/61f1ov/sc_can_i_get_custody_as_the_father/)

Okay, so first off, I'm not here for lectures. I've had plenty and I know that I've really fucked myself but my ultimate goal is to provide the best for my child and I need help.

First, my S/O has shown her true colors and I now see the kind of person she really is. She no longer wants this relationship but won't break it off, so I am planning to. My questions are: Do I have any rights to be present at Ultrasounds and Dr. Appointments, and how would I go about enforcing that? Secondly, Is there any way for me to be sure my name will be put on the birth certificate? Lastly, Is there any way for me to obtain custody prior to the birth of the child if I can prove the childs quality of life will be better with me at my parents house then with her at her mothers house?

Ultimately, the child will be better coming home with me until I can get a place as I'll be working for BMW but need to build my credit. Is there any way for me to make sure that will happen? My mother is all up in arms about getting custody, is there any way she can be involved or does it have to be me bringing it to court?

I appreciate everyones help, you have all been a tremendous help in figuring out what I need to do and I hope that continues.

Answer:
 >Do I have any rights to be present at Ultrasounds and Dr. Appointments, and how would I go about enforcing that?

No, you do not. She might be pregnant with your child, and that confuses a lot of people into thinking the woman suddenly doesn't have any independent rights but she does. She absolutely has the right to pick and choose who is allowed in on *her* doctor's appointments and *her* medical procedures. Which includes the birth itself.

>Is there any way for me to obtain custody prior to the birth of the child if I can prove the childs quality of life will be better with me at my parents house then with her at her mothers house?

There's nothing that would apply to your situation, at least. There's potential for being granted custody immediately after the birth, but you can't have custody of what is, for all intents and purposes, currently somebody else's body parts.

But there's not much chance that you'd be granted immediate full custody after the birth. Courts don't really like to separate newborns from their mothers unless it is absolutely imperative to the child's well-being that they do so. And in general, the courts defer to 50/50 custody unless there's very good reason to choose a different custody scheme.

Quality of life is quite subjective, and that alone is very unlikely to be enough for anything other than 50/50 custody.

Also, your mother has no say in this whole custody thing. She can be supportive to you, but that's really the extent of what she can do.


Title: [CA] any case law on "normal wear and tear"?

Question:
Landlord is trying to take $400 for "nail holes"

I'd like to find something which clearly states this is definitively reasonable wear and tear (as long as there aren't like, hundreds of them)

Does anyone know of a case which would support this?
Topic:
Landlord Tenant Housing

Answer: How many nail holes are we talking about here. Because California law states loosely “small nail holes done to walls” as normal wear and tear.  Where as an inordinate amount of nail holes, that require patching and painting, as damage.


Title: Doc wrote the wrong date on girlfriend's birth control renewal shot

Question:
My girlfriend went to the doctor's to get her Depo-Provera shot update. The nurse had written the wrong renewal date on her card, and it turns out that she was two weeks overdue. We had sex the night before she got it renewed.

If we did have a baby due to their mistake and we chose to keep it due to religious beliefs or personal beliefs, then would they be liable for the expenses of that baby? If so, how long would they be liable? From birth to death? I'm sure that's not the case.

It was an interesting thought.

Answer: They would not be liable, for any part of a pregnancy and/or resulting birth.


Title: an ex boyfriend destroyed/threw out a camera that cost nearly a grand.

Question:
the last time i was at his place, being in a rush to pack i'd forgotten to pack it up. needless to say we are broken up now and he's a very angry person so he decided to break my camera and throw it out. this camera cost around $800 and there was an additional lens that cost around $200. the biggest issue in all of this, is that we were long distance and we live in different countries.

i live in manitoba, canada.

he lives in california, united states.

so here are my questions. a) do i have some sort of case to get him to pay up? b) if i do, where do i start? i know i might need to prove that it was mine (it's a very old camera, i've had it for 6 years), but i don't think he will deny anything. i have messages of him saying what he did. c) how would this work considering we live in different countries?

Answer:
 > a) do i have some sort of case to get him to pay up?

Maybe

> b) if i do, where do i start? i know i might need to prove that it was mine (it's a very old camera, i've had it for 6 years), but i don't think he will deny anything. i have messages of him saying what he did.

messages are evidence. bring that with you.

> c) how would this work considering we live in different countries?

you would have to come to his location and sue him in small claims court. besides the obvious plane ticket and lodging, it would cost you much more than the $150-$300 your camera is worth. you'd get todays value, not original value.

What to do? Let it go. Move on.


Title: Emotional Support Animal/Service Dog: What are my rights with my landlord who doesn't "get" the laws? (North Carolina)

Question:
My partner has a letter from his medical provider stating that he can and should have an emotional support animal in housing/travel/etc. I know the details of his condition aren't required information but I'll share anyway: He has PTSD, and separately, suffered a traumatic brain injury and has some vision problems. The emotional support animal would greatly help in all areas of his life, so we are looking into finding a dog with the right temperament to help him out.

Our current housing does not permit pets but we have been able to keep my 2 cats with us because they are my emotional support animals (also have anxiety/ptsd from same traumatic experience as my partner) and our landlord was ok with it because they're cats and they don't really do much. However, he's a bit of an old-school, southern working-class man who has no knowledge whatsoever of the ADA or the Fair Housing Act, so when we talked about bringing the cats, we had to carefully and gingerly educate him on the laws. He was confused and reluctant but he agreed to let us keep the cats. I suppose he had no choice, but I don't think he knows that.

Now with the need for a dog for my partner, we're unsure of how to manage this delicate situation without breaking any laws or hurting our good relationship with our landlord. We have the doctors letter but we know our landlord will put up a stink about it, since he doesn't really "get" any of this. Does he have the right to deny my partner an emotional support animal based on any claims, like fears of damage to his property? Are there any exceptions we should be aware of that permit him to block our access to the dog? What rights do we have legally? And from an interpersonal, human standpoint, what is the best way of going about this with our landlord without upsetting him, burning bridges, or making our life here tense and awkward with him going forward? I know he's going to be uninformed when we talk and I know the process of educating him, again, will put him on the defensive, or at least make him feel strange. I don't want him to think differently of us or trust us any less - we've been great tenants and we take great care of the property and we know a dog wouldn't change that, but I don't want him to see us differently and give us the cold shoulder or make our life complicated if he's unhappy with the situation. Long story short, I want to advocate for our rights while also being a nice, good human.

We live in Mecklenburg County in North Carolina in a duplex with a shared yard. Not sure how many other properties our landlord manages.

Thanks!

Answer:
 Under the FHA the landlord can deny ESAs if they are a hardship. There was a post a few weeks ago where the dog needed a muzzle because it would bite, the landlord doesn't need to allow the dog.

In your case if the dog was well behaved and didn't damage anything you should be fine, he would have to prove in court the dog is a hardship.

http://www.humanesociety.org/animals/resources/tips/assistance-animals-tenants-rights.html?referrer=https://www.google.com/


Title: Is it illegal (under antitrust, unfair competition laws, or laws against anticompetitive contracts) for colleges to require their students to be on the meal plan if they live on campus?

Question:
More info:

The meal plan provider is a third party, which presumably has a contract with the school requiring that the school require all on campus students to be on the meal plan.

All students who live on campus are required to be on a meal plan.

But only freshmen are required to live on campus. (Does this mean that only freshmen would have a means of legal remedy pertaining to being required to be on the meal plan?)

Evidence of lack of competition: there are 100 swipe meal plans and 50 swipe meal plans, where one swipe equals entrance to the cafeteria. The only students who are allowed to be on the 50 swipe meal plan; however, are students who live off campus.

Under most circumstances, one would expect to achieve a cheaper price per meal when buying in bulk (buying the 100 swipe plan). However, the price per meal of the 100 swipe plan is actually higher than the price per meal of the 50 swipe plan. This can only explained by the fact that, since off campus students are not required to have a meal plan (and the 50 swipe plan is only available to off campus students) the meal service provider has to compete with local vendors in order to win off campus student customers for its 50 swipe plan. I.e. The meal service provider can increase the price per meal of the 100 swipe plan because on campus students are required to purchase the plan.

Does anyone believe that there may be a way to sue either the school or the meal service provider (or both) over this anticompetitive contract? How would one go about making this claim?

Thank you in advance for your help.

Answer:
 Are there kitchens in the student housing? If not, why would they passively encourage students to put together possibly illegal and certainly dangerous cooking set ups by allowing students not to be on the meal plan? By forcing students onto the meal plan they are a) ensuring that students have food and b) limiting the "creativity" of students and preventing building fires.Answer #2: No.  If you're barking up the Antitrust tree, this would be a "Tying" case -- they're tying your purchase of food to your purchase of education.  Those sorts of arrangements are governed by a "Rule of Reason" analysis.  The basic idea there is that you look at both the anti-competitive effects and any underlying benefits, perform a balancing test, and then decide whether it's anti-competitive.

You have pretty strong benefits.  Forcing on-campus students to buy the meal plan ensures that the campus dining has sufficient revenue to stay afloat, helps keep freshmen on campus (which is probably a good thing tied to education) and guarantees that freshmen have food available to them.


Title: Being taken to court to have 2nd degree assault charges placed upon me for lacing cupcakes with laxatives (I didn't do it). Advice, please?

Question: [deleted]

Answer: You've hired two lawyers, listen to them. Nobody on an semi-anonymous internet forum is going to be able to give you better legal advice than the professionals you've hired. It's probably not a great idea to talk about your case at all absent the approval of your lawyers.