Title: Can My friend sue a nicotine vape juice company on the grounds that they don't have any warning labels on the bottle telling you not to drink it and doesn't say anything on the bottle about what the use is for. He drank some when his vape broke and was sick for 24 hours violently throwing up.

Answer:
 No, your friend is just an idiot. It's a widely know product that is taken via vapor using a complicated device, not ingested. Your friend should grow up, and potentially get help.Answer #2: Your 'friend' can sue for anything. It is very unlikely your 'friend' will be successful. Which means losing the court case, as well as being accountable for court costs as well.Answer #3: Did the bottle say it was a beverage or do you just go around drinking random chemicals to see if you die from it?Answer #4: Warning labels exist in their modern form largely because of folks like your friend who would, absent an explicit warning label, ingest inappropriate amounts of medicines, ointments, vitamins, condiments, flavorings, inks, solvents, paints, detergents, soaps, lubricants, fertilizers, insecticides, fuels, and adhesives.

I think you'll find that the packaging at some point does contain a warning label, even if the bottle itself doesn't.

That doesn't shield the manufacturer from all liability, but it does reduce the strength of your friend's argument that he didn't know that nicotine fluid was a powerful poison and should not be ingested by mouth as a liquid.

You didn't mention what country and province/state your friend lives in, so we can't guess about what laws govern his probability of recovering damages.   Unless he was hospitalized or paid for medical treatment, he may not have quantifiable damages to be compensated.


Title: Employees doing side work exposing my liability

Question: I own an Architecture and Structural Engineering firm and I recently found out one of my former full-time employees who now does contract work has been using my companies seal for other work.  I'm pretty frustrated with the situation. I need him to finish my projects but now feel completely ripped off.  Any legal remedies?

Answer:
 Holy crap.  Contact state engineering or architecturial board ASAP.

Also, if this guy was using your firm seal or id, they probably used your corporate email on moonlighting.  Archive their emails so you can notify their clients if necessary.

Next - contact a lawyer that deals with professional engineering services and see what your exposure is to errors and omissions on his moonlighting work, as well as part forward

You need that lawyer yesterday.Answer #2: Yes report him to the agency  that issued  your seal in the first place....Answer #3: You can fire him. If he has caused you actual financial loss as a result of his misuse of company property you could try to sue him for that.


Title: won't honor bad check unless I take down negative reviews

Question:
Re-posting since my first attempt had a vague title.

I'm going to try to make a long story short here. I had a contractor out to my property in Virginia. The contractor caused some pretty expensive property damage, then admitted he'd lied about having insurance, then flaked on getting it fixed (with only vague promises to fix it but no actual plan).

Wanting the damage fixed professionally, I eventually called a professional myself and got a quote. I called the original contractor and told him. He balked at the price, and I told him I'd be willing to pay for part of it just because I wanted it done quickly and correctly and I didn't really trust him to fix that kind of of work. He agreed.

Then he flaked on paying - many promises of coming by with money, etc. Then other people started posted on Yelp that he'd taken their deposits and disappeared, so I got worried. I told him that unless he showed up at a specific time, I'd be pursuing legal action. When he showed up, he tried to get out of paying the amount he owed me, but eventually agreed and wrote me a check.

The check bounced. It was returned for Uncollected Funds Hold. I contacted him and told him, and also sent a registered letter requesting payment in 5 days. He told me he'd only pay me if I signed a contract to take down all negative reviews and not post anymore. (I'll note that my review - my first negative one ever - was 100% accurate and verifiable.) He also accused me of using trickery to get him to pay, whatever that means.

As far as I'm concerned 1) he owes me the check value regardless of how he feels about Yelp reviews and 2) when he wrote me a check he was agreeing to pay the amount we discussed - the time for negotiating that is over.

But - what do I do now? I think I can only take it to the police for NSF - not sure about Noncollected Funds Hold. Do I file a claim at small claims court? I doubt I can even collect against him. He's claiming to have a lawyer which would surprise me because he can't seem to come up with $600 for what he owes me.

(Also - is it even legally enforceable to ask someone to sign an agreement to not leave bad reviews? Is that enforceable if you're holding up promise of owed payment in order to force them to sign?)

**UPDATE:** (posted below too) I got my money! On you wise people's advice, I took the check to a branch of the bank the check was written on, and asked if they could try to cash it. It went through! He must have just taken some other poor fool's money. So I got my cash. And the reviews stayed up but got decorated with screenshots of his threats. AND one of the other people involved has already gone to the police, so I'll send over the evidence of him trying to threaten me.

Answer:
 I have an update!

I made a last ditch effort and went to his bank and asked them to cash it there, figuring maybe I could catch in a rare moment he actually had the money.

And it went through! I got it all in cash. And the reviews stay up, with the updated details about going through this.Answer #2: tell him he can pay $600 now or you will go after him for the full amount.  Just go to small claims for the full amount anyway.  Doesn't sound like this person deserves a break.


Title: I got fired when my boss found out I was planning on starting fertility treatment this year. South Carolina

Question:
I worked as a teacher as a daycare. She told me she was letting me go because a couple kids had quit and I was "trying to get pregnant which means I wasn't going to give the school 100 percent" and that she wished I had disclosed that information when she was hiring me.

I found out from the other girls who work there (who were so upset over me being fired with no notice that they quit) that the  part about letting me go because of kids leaving was a lie, she had already hired someone else.

She has apparently fired someone for being pregnant in the past. She was never able to have babies so she is very bitter about women being pregnant.

I was just wondering what my options are with the labor board
Topic:
Labor Law

Answer: Does this employer have 15 or more employees? If so, you seek help from either the South Carolina Human Affairs Commission (SHAC) or the Equal Employment Opportunity Commission (EEOC). You have 180 days from when you were fired for SHAC and 300 for the EEOC.


Title: TX USA Possible police entrapment situation.

Question:
I was having a beer at a public park (no posted hours) with a friend after a late night work out when a police car pulled up, put the spot light on us and over the speaker said to pick it up and go home. We were instructed to put the remaining beer in the trash and leave. In full compliance of everything they asked for, we put everything away and drove off. However, in the back of my mind, a little voice was telling me, "Don't get in the car, this could be a trap". They could've easily pulled me over the second I left the parking lot and less than a minute after my last sip I didn't like my chances on a breathalyzer.

Luckily this didn't happen and I drove home without issue, but my concern remains because that situation is a bit of a weekly, post-workout ritual, usually with an hour or two hanging out talking before driving anywhere.

My question is, what are the right moves to make should this ever happen again? Is it entrapment for them to tell me to drive off then pull me over for DUI? Can I refuse to leave the scene in my own vehicle? I've been doing this for years without any police trouble and don't want to stop but I also really don't want a DUI. Any advice is greatly appreciated.
Topic:
DUI

Answer:
 > Is it entrapment for them to tell me to drive off then pull me over for DUI?

No.  Does someone have that Entrapment comic handy?  Anyways.  Entrapment is when a law enforcement agent induces a person to commit a criminal offense that the person would have otherwise been unlikely to commit.

>  Can I refuse to leave the scene in my own vehicle?

Sure.  You could walk home or call a cab, I suppose.

Answer #2: They told you to leave.

They didn't tell you to drive.Answer #3: Not entrapment. If stopped and arrested for DUI this would not be a defense


Title: Dont know if this fits here, CP of classmates being posted on IG

Question:
An account on instagram started up, and I dont want to be labeled a snitch but so many kids (14-18 years old) are getting their nudes posted. About 10 so far. What do i do? (Throwaway for obvious reasons)

Location : New York.

Answer:
 Report it to Instagram and have it closed down.

That's not being a snitch, that's being a good person who keeps both Instagram and the kids from being exposed to child porn charges.


Title: (illinois) Recently moved to town homes. Can get into my neighbors through the attic.

Question: [deleted]

Answer: Put a lock on your side.


Title: Fired for having a seizure at work.

Question:
[deleted]
Topic:
Disability Issues

Answer: It is discrimination. Some discrimination is perfectly legal. If seizures on the job pose a safety risk it is perfectly legal to not hire people at high risk of seizures. If the job is for example, helicopter pilot, you're completely out of luck.Answer #2: This really REALLY depends on what your job is.Answer #3: If you won’t tell us what your job was, all we can tell you is that you can consult with an employment attorney.Answer #4: What job do you do?


Title: That is NOT a clear title... and I don't want you to take advantage of me.

Question:
I recently went through the process for buying my first home. Well, almost... after months of searching, I found one I liked, did the negotiation dance, filed all the paperwork, and set up a closing date. But as the date drew closer, from weeks to days, and I started to let myself become excited, the seller stopped the entire process. I was set to close Friday morning, and on Monday afternoon everything was stopped cold.

It took about a week (past the closing date) to actually find out what the heck had happened. The problem was with an uncleared title. The seller didn't realize they needed to pay to clear a $60k HUD loan on the home.

Now, it is possible that this was unknown or not realized... BUT, I had been in negotiations with these people for a month, and they have been listing for 10 months, and this NEVER EVER EVER came up! I feel like they knew and didn't care, or knew and wanted to stick me with a dirty title.

I am able to get my good faith deposit back ($4k), and I cancelled my homeowners insurance, so I will be getting that back as well ($1k). And I really got lucky in that I stopped my apartment move-out date just in time... in fact, I dragged my feet in giving my apartment my 30 day notice, someone was late to drop off a deposit check, and if they hadn't been, I would have ended up homeless. So for these things, I feel thankful...

BUT... I still feel like I got totally screwed on this. I am now out at least an extra month of rent ($1225), inspection costs (home and radon - $584, septic - $275), and loan costs ($475). Total $2559, not including the time I took off work and put into this purchase, a conservative $800.

And even all of that isn't the end of the world... what really upsets me are these two items:
1. That one of my greatest fears, being homeless, was almost reality, and not because of my screw-ups, but because of someone else.
2. I am fairly cold and calculating. I don't allow myself extra treats or nice things. I live at ~25% of my income level, and rarely splurge on myself. I don't allow myself to get excited very often, and I held back on this until there was less than a week left. I allowed myself to actually get excited about buying my first home... planning projects, and some potential big life changes... and all of that was ripped away from me.

So, here is my question... I feel like it is petty, but I don't want to be the only one that gets screwed on this. What actions can I take against the seller, and against the listing agent? Can I get some money back? Can this reflect poorly on their professionalism?

Edits:
1. This is in Maryland.

Answer:
 > I am now out at least an extra month of rent ($1225), inspection costs (home and radon - $584, septic - $275), and loan costs ($475). Total $2559, not including the time I took off work and put into this purchase, a conservative $800.

All of the below are dependent on your state's laws.

Depending on what your buy-sell contract says:

1. You can probably recover from the seller your inspection and loan expenses, OR force them to go through with the sale, but not both.

1. You cannot get reimbursed for the rent expense because it was not the result of any contract breach.

1. You cannot recover lost wages or compensation for your time.

Depending on what your agency contract says, you probably cannot recover anything from your agent or the seller's agent.


Title: Florida man totaled my car (and 4 others) but insurance won’t cover full amount

Question:
My car was involved in a 6 car accident while I was parked in my driveway. The man who hit everyone has an insurance policy that only covers $10,000 and the money is being split across 4 cars (one person has hit and ran and not made a claim). I’m posting here because I don’t know what to do moving forward, my car was valued at $7000 by his insurance, they’ve just called me and they’re only going to give me $3000 since he has a minimal coverage policy and there are several other cars involved.

I’m nervous to accept the payment from the insurance without knowing how to get the rest of what I’m owed for the car, as well as bills I’ve accrued in Uber’s and transportation because this insurance claim has taken well over a month from the day of the accident to even make an offer. I’ve only spoken to my claim handler 4 times even though I left voicemails twice a week and feel there is some major negligence going on in their part. Is my only choice to accept their offer and end up suing the guy who crashed into my driveway for the rest of the damages? Should I sue him directly or his insurance? I’ve never even sued anybody so I have no clue what kind of lawyer I need to look for or how to present this case, and I don’t know if this limits my options but I’m an immigrant on political asylum.

Answer:
 You should speak to your own insurance, or to an attorney, before accepting an offer $7,000 short of the value of your car in a total value wreck. However, you can't make the other driver's insurance pay out more than their policy covers: you will likely end up trying to recover the difference from the driver personally, which can take time and money.

If you carry comprehensive insurance or a policy with good uninsured driver coverage, your own insurance will likely make up the difference.


Title: My girlfriend was raped and I'm trying to get the rapist arrested, what is the best course of action?

Question:
Pennsylvania

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

I'm sitting here typing this after consoling her for the last couple hours, and I just... I'm trying to stop myself from crying and I'm trying to stop myself from finding the rapist (B) and strangling him. I don't want to do that. I want him locked up. I want to help my girlfriend find this small consolation and get this piece of shit out of the general public.

Let me clarify now exactly what happened, as I heard it from her: The two of them were drinking together-they have been friends for a year or so now, pretty good friends, but not extremely close. She drank too much and he tried to kiss her, she told him to stop. She told him she loved me and he just kept going. He pushed her down and fingered her and she said she kept screaming for him to stop. It went no further than this, but that doesn't seem to change anything.

As it stands, she is going to counseling, she has a session tomorrow and mentioned her counselor may be able to file a police report for her, or help her with the process. I'm not really sure, as she's not very composed as of late. I'm shaking and I want to stop myself from killing B.

She deleted the texts on her phone from him and blocked his number, but she told me there is a text of him trying to apologize, so it should still be on her phone so long as the data hasn't been overwritten correct? How feasible is it to recover this? Is time a factor? I am going to research some more on my own later, but I'm just typing this out quick while she is messing with dinner.

I want to go to the police as soon as she feels comfortable doing so, and she has agreed, but she still is really shook up. Her family is a bunch of fucking morons. When she told her sister, her sister told her it was her fault for drinking alone with a guy, and you shouldn't do that because it gives guys the wrong idea. I'm trying to stop myself from punching her sister in the fucking face. These people are not helpful whatsoever and I am trying to keep my girlfriend separated from their brutally moronic words, but they are her family, so things are further complicated, and the stress made worse for my girlfriend.

This is the most innocent girl I have ever known in my life. Really, I'm disappointed I have to describe who she is in this context, because it detracts from just how unflappably joyful and vivacious a person she is. If it was anyone else, I would maybe want to be more sure as to the exact details, but I have literally never heard her say she disliked anyone. This is not exaggeration. I could corroborate this with anyone who knows her. In my mind, there is virtually zero chance this is a false accusation, because those do exist and they need to be considered, and of course, there is no way you, as the reader, could know this without personally knowing her and being involved in the situation, but it feels relevant. I'm writing this up in a complete unorganized mess: I'm just trying to get all of the information out before we sit down for dinner.

What is the best way to approach the police so as to insure her rapist is convicted and is as painless as possible for her? Any answer is great because I've never dealt with a situation like this before, and I am going to research some on my own when I get home tonight from her place. Is there enough evidence for a case possibly?

God fucking DAMN IT.

Answer:
 The first thing for you to remember is that this is not about you.  Not your feelings, not your anger. It's fine for you to feel angry on her behalf... but if you are angry because you feel some wrong has been done to you, that reflects something else entirely.  Your only role here is to support her in her decisions and recovery.

As for her, if she wants to report, she needs to call the police and do so, then cooperate with the investigation.  She needs to be entirely truthful.  There are no slam dunks and no guarantees, and it's a long road ahead for her.

I'm very sorry that she is going through this.


Title: If you're accused of a crime you didn't commit, is it a good idea to go to the news and tell them about it?

Question: I know, I know, just write an answer to the title because I need to make the point to cite to someone else.

Answer: No.


Title: Hypothetically if a woman rapes a man and becomes pregnant, is the man financially responsible for the kid? [AR]

Answer: Since child support is owed to the child (an innocent)not the mother then theoretically yes.Answer #2: not only yes, but it's happened. it's not uncommon for rapists to sue their victims for visitation as an additional form of control and torture. frequently, they win.


Title: [MN] Egregious Force From A Policeman?

Question: [removed]

Answer: No. He can arrest you for disobeying. If you were acting dead he can drag you on the boat because it's a medical emergency. Either way, he was not bluffing.Answer #2: Yes, he could have forced you. By doing so he assumed liability for your safety; so if the boat sank because it was unsound, your family would likely have an actionable tort against the department. But you can't refuse going on the boat any more than you could refuse getting in the back of a squad car because it didn't have Corinthian leather, and the microfiber seats feel bad against your skin. Answer #3: Egregious? Hardly.


Title: Help. Please, my Dad may be losing his job. My family will lose everything if that happens.

Question:
My Dad works as a CT Tech at a hospital in Georgia(US), he's been there since 2000 and was planning on retiring in 4 years (He's 60). He's has a weird disorder his entire life that causes him to have tremors in his hands, it's not Parkinson's, but it has never interfered with his work for the 35 years he's worked this job.

For the past two days my Dad has been sent home early. Today he was told to not come back to work until he goes to see a neurologist about his tremors. From what my Dad has told us, he hasn't made any mistakes working with any of his patients, so this is rather sudden. He has a lot of vacation days saved up, so he's going to be going this next Friday. I don't think my Dad would lie about not making any mistakes, but then again I really don't know.

I don't live with my family, but I know that they will financially fall apart if my Dad loses his job, especially being so close to retiring. My family functions on his income alone. He lost his entire retirement fund in the Recession, and has been building that back up since then. They also refinanced their house three years ago, and have been paying off thousands of dollars in hospital bills from my Mom having cancer last year. If he loses his job, the house is gone, their cars are gone... most importantly, our health insurance is gone. I freaking the hell out.

If the neurologist's results show that he's fit to work, and they try to fire him anyway, is there anything he can do to fight it? He may be able to work at another hospital in town, but with his age he may not be considered for the position. I don't know what to do... if anyone has any information that may help them it would mean the world to me. I don't know what to do.

Answer: There are many things that could help, including the ADA and a request for reasonable accommodations if he is disabled in some way. But, no one can suppose without knowing if he might actually be fired or why. Have dad go to neurologist. Hope it's not a real problem. As to the rest, you need to know what is happening and not just fear what might.


Title: Can I sue my stepmom for withdrawing money from my Paypal account without my permission?

Question:
This has been an ongoing, sticky situation and I need insight.

Very brief backstory: My father passed away last year. Due to his bipolar disorder, he was on disability for most of his life. He made pocket change by selling things on eBay. One time, my dad got sick and had to be hospitalized for quite some time. He lost his eBay account, so I gave him mine (still in my name). Looking back, I shouldn't have done this, but I was 16-years-old and just wanted to help my dad out. He had and used the account (in my name) for about 4 years.

Fast-forward to his death last March, my stepmom got what was left of his life insurance (I believe it was like $5K, there was very, very little). I got 1K and my brother got 1K and she kept the rest. Or so this is what we were told... my entire family does not trust this woman.

I check this Paypal account after getting weird calls and turns out this account had a balance of $5.5K that hadn't been paid in months. I was furious and stressed. My dad died on March 28th and there was a final transaction on April 12th. I called PayPal and they said my stepmom withdrew the funds. I confronted her about it and she said she paid me back. It's been almost a year now and she completely cut contact with me and my family. I haven't spoken to her since Christmas. I've pay the bill because I don't have a choice and got the balance down top $3.9K but she owes me $1,600 since she withdrew that money.

What can I do? Should I get a lawyer? I have proof she withdrew the money but it's been a year now and I don't know what legal rights I have since some time has passed.

Thank you in advance.

Answer:
 In many states debt doesn't go away until 5 to 10 years from when it was last paid. With that in mind did you get any written promise that she would pay you back, either by text or email? If so you can sue in small claims, I believe it would have to be in her state, and win a judgment there.

Now on the flip side if you didn't get anything in writing you'll need to go to your local police station and file a report for theft of money. And then sue her in your state's small claims for the amount tooken.


Title: (Florida)Used a Gear VR at a local Best Buy and got Pink Eye. Grounds for compensation?

Question: I visited my local Best Buy last Saturday and they were displaying the Samsung Gear VR which is a Virtual Reality Headset you place over your eyes. I did not see a medical disclaimer posted near the device. Monday I noticed my eye starting to turn red and by Monday night, it was worse. Went to the Minute Clinic on Tuesday (Missed work) and was diagnosed with severe Conjunctivitis (Pink Eye). Was prescribed powerful anti-biotic drops Went to the ER the next morning (Wednesday) before work because my vision was cloudy in the infected eye. Everything tested fine and was deemed it was a Viral case. My eye is starting to clear up but cloudiness still remains so far. Another note, my wife tried the Virtual Reality device but she wears glasses so I figured she was somewhat shielded. Just wondering if I would be able to get compensated for the hospital and missing the day of work if they could deem this is where the pink eye came from, which I guess they could do by swabbing the device? Thank you in advance.

Answer:
 Can you present evidence that it was the VR that gave you the pink eye?

Did other people get it?


Title: [California] Venmo stole over $2,000 from me

Question:
I'm in charge of collecting and paying rent for my house to the landlord and rent is $15,000 a month, and due the first of every month (June 1). I had around $1,000 in my bank account and 17 other tenants paid me their share of rent through Venmo and I ended up with around $14,000 in Venmo credit. Venmo only allows you to cash out $3,000 at a time, so I cashed out $3,000 four times, and the remaining $2,047.31 for the fifth time. I then received an email saying that my Venmo account had been frozen for suspicious activity and needed to provide proof that I was in control of my bank account. Specifically they said,

"
If you would like your account to be unfrozen, please send us copies or photos of the following:

- A government-issued ID
- Each of the cards on your account
- A statement from a bank you have on your account"

I sent them an email containing pictures of these things on June 1, a day after they sent the email. My bank account has received $12,000 from the four times I cashed out $3,000, but not the $2,047.31 from the last time I had to cash out. I tried to reach Venmo multiple ways. I called them, and they said they had no information and to follow up with the email they sent me, which I did. Then I went on the Venmo Help Center on the mobile app, and the person I chatted with said the same thing. I also read these reviews on the App Store about Venmo, detailing similar situations:

http://imgur.com/a/XcRfG

I am already 3 days late on my rent and Venmo is showing no signs that they will reimburse the $2,047.31 that they basically stole from me. I have an email receipt saying I transferred $2,047.31 worth of Venmo credit to my bank, but there is not even a pending transaction of $2,047.31 in my bank account. I am surprised this isn't a bigger deal, considering this has happened to multiple people. Please help!

Answer:
 > I am already 3 days late on my rent and Venmo is showing no signs that they will reimburse the $2,047.31 that they basically stole from me

They haven't stolen anything.  They've frozen your account for suspicious activity - and yes, your activity was indeed suspicious.  It's very reminiscent of "structuring" which is a financial crime wherein someone makes many smaller withdrawals to avoid the scrutiny which comes from larger ones.

It's been two business days since you submitted your stuff.  Not exactly a record on resolution.  Reach out to them again Monday and see what the status is.


Title: [ms] my ex (22) is saying my child is his.

Question: I met a guy in August of 2015, and we dated for three months, and I never really allowed him around my baby who was already 1 and a few months when I met him. I really didn't like him and only talked to him out of pity, and I know I shouldn't have but I did anyway. Now he's saved pictures of my son and is telling everyone he is his even though he didn't even meet me until after my son was born. What can I do?

Answer: Ignore him?Answer #2: This really isn't a legal issue.  Just block him and don't communicate with him.


Title: Can my mom's boyfriend turn off the electricity in my room? [Mi USA]

Question: My mom's boyfriend uses the circuit breaker to turn off electricity in my room as punishment. Recently I've been wondering if this is actually legal.

Answer:
 If you have the ability to use the bathroom when needed, aren’t physically locked in your room, are being fed and given water, and the room is adequately heated/cooled, it is usually completely legal. Nothing says your room requires electricity, and taking away electronics is pretty standard punishment.Answer #2: Are you allowed to leave the room and use the rest of the house when the electricity is off? How long does he typically turn it off for? Is it off at night when you're expected to sleep there?

Depending on the frequency and duration of these shut offs, child services may decide it's cruel and dangerous. If you can't see, you're at risk for falling.   Also, even prisoners are entitled under the US constitution to an adequately lit living space, as it's bad for the eyes to be tossed into a perpetually dark room.

But if you otherwise have the run of the house, then turning off the electricity in your room or locking you out of your room from time time probably wouldn't bother child services too much. If you're going to complain to them, mention other questionable stuff he does with the electricity shut offs being only part of it.


Title: Police negligence in brother’s death?

Question:
My brother committed suicide last month. After a long and frantic search, he was ultimately discovered just outside of town in his car by local police. The officers on scene had it towed without first collecting his personal effects, including his cell phone. Is this standard procedure for suicide investigations? It feels wildly negligent to have left us in the dark for so many weeks. The original officer on his case is “no longer with the agency” but I’m including an excerpt from an email received by my parents tonight by a different detective.

Additionally, his car was considered totaled, so we’re not sure where it is, and praying the towing company retained his cell phone and is indeed keeping it somewhere. We’ll find out tomorrow.

From the police department:

*Mr. and Mrs. [redacted] unfortunately Officer [redacted] is no longer with this agency and his e-mails have been forwarded to me. I am looking into the matter of your son’s property by speaking the deputies who were with your son’s car. I see that the vehicle was inventoried and his cell phone and some other items were in the car but they were not confiscated or placed into evidence therefore I believe they may have remained with the car which was towed by [redacted] Towing. I am sure that you should be able to recover the items by calling them and making the arrangements; however, please allow me time to speak with the deputy to clarify this assumption. If you would prefer to e-mail me your telephone number I would be happy to give you a call as soon as I get any information. If you have any other questions please do not hesitate to ask.*

Is it negligent to not retain a cell phone found at a (potential) crime scene? We’re not doubting that he committed suicide, but AFAIK, it can’t officially be ruled a suicide until they have the coroner’s report. This is in South Dakota. Please advise?

Answer: No this is not an issue. It can be immediately clear that someone has killed themselves, and that might have been the case. If that's what happened, there's a good chance his manner of death was officially determined same or next day, and it appears the cell phone was not necessary to make that determination. Many of his personal effects would have stayed with the vehicle, and a cell phone, particularly one in the car and not on his person likely would as well.


Title: Pianist wants more money after waiving partial fee..

Question: I am a cellist and had to use an sccompanist's services for a recent recital. Total fees were around $570, but he waived $150 because I was going to play in a concert at his church where all other players were getting paid $150. I found out that I am no longer able to perform at this concert and he is now saying I need to pay him the $150. By the way, I was not satisfied with his services and do not think his playing was worth $570 or even the $420 I already paid him.

Answer:
 He waived the fee on the condition of you performing a service for him.  You didn't uphold your end of that agreement so he is 100% within his rights to expect full payment.

Your satisfaction of his performance is pretty irrelevant, unless your agreement carried with it some form of "satisfaction guarantee" on his part.

You owe this $150 and it will be pretty open and shut if he takes you to small claims court.


Title: Dying of brain cancer, will

Question:
Stupid me never made a will. Do I have to have notarized and who should I get as witnesses?
Not too clear for obvious reasons.

Answer:
 Talk to an attorney - given your health, you may need one to get your will done anyway just to decrease the odds of the will being contested.Answer #2: If you are under the care of a medical oncologist or Dr. you can ask them if they have a social worker or someone who can help you. Many places (specifically hospitals) have patient services that cover things such as this at low or no cost. Answer #3: > Stupid me never made a will.

***Better now than not at all.***   What you are about to do will give your loved ones much peace of mind and will prevent oodles of bad drama.

Talk to the hospital's social worker about your options.

If you have a simple estate (not a lot of kids, not a lot of property), you might even be able to handle this through a simple DIY fill in the blanks type of document that you have signed and notorized.  There are mobile notaries if you cannot travel.

&#x200B;


Title: [Serbia] High school holding students against their will.

Question:
My high school just started a curfew where the doors are unlocked only during recess + 5 minutes after that, so if you're 6 minutes late you miss the whole class which is just idiotic since the teachers don't arrive till minimum 7-8 minutes after class has started. Many students who travel can't make it in time now. The cleaners lock the doors and will not let anyone in even if you're seconds late (I literally heard the key turn yesterday when I was a bit over 5 min late and they wouldn't let me in, even though our class didn't even get the announcement (whoops, fuck you)).
If our classes end early, or we are too late to get to the door, the cleaners will not let us out,("OOH AUTHORITY better be an asshole since I never finished school"). They can't do this, right? Freedom is a basic human right.
Am I legally allowed to break down the door or something?

Answer: I don't think anyone is well versed in Serbian law, but schools typically act en loco parentis which means tough cookies for you. You really think they won't punish you for kicking down a door?Answer #2: Why would you legally be allowed to break down the door to get inside a school?


Title: Ate some moldy peanuts from Five Guys and got sick. They are offering me a refund for my meal. I don’t feel like this is enough after getting sick. What can I do? (I’m in Canada)

Question:
I went to a Five Guys burgers and fries in Vaughan the other day and with my meal ate some peanuts and realized they tasted funky. After closer inspection they had green and black Mold on them. I threw up that night and didn’t get a good sleep.

They emailed me today offering me a refund for my meal and asked if I went to a doctor. I haven’t responded to them yet. What should I do at this point, if anything?

I have video and photos of the peanuts in the store at the time of the incident which I’ve attached.
[moldy peanuts ](https://imgur.com/a/6pGhfOB)

Answer:
 They owe you, at most, whatever your damages are.

If you went to urgent care or anything, they might offer to cover the cost of that.  If you didn't and just toughed it out, then they just owe you the cost of the meal.


Title: [SC] My GF got these letters while I was out of town. Anything I can do?

Question: [deleted]

Answer:
 You can't do anything.

Your girlfriend could conceivably seek a restraining order, or make a report to the police; but in all frankness this doesn't appear to be harassing or rise to the level of an RO.Answer #2: Wow, that's crazy... how do people still think it's "should of" or "could of"?? It's clearly could have/could've or should have/should've Answer #3: Get a police report.  This guy is obviously crushing on your girl and has impulse issues. Answer #4: "Haha, I thought it would be a laugh to send you a letter claiming your boyfriend had an affair and ruin your personal life for a week."

Dude's an asshole. Friends don't mess with eachother's personal lives as a joke. Block his number, block him on social media, and if he tries to contact you again get a restraining order.


Title: $2000 jacket falling apart [CA]

Question:
Hi!

I have a strange question and not positive if it is even legal advice appropriate. In November 2017 my husband met with a stylist and they went to a fancy boutique in San Francisco. My husband spent over $7000 there on clothes. One item was a $2000 wool coat. He wore this coat for less than one month before the seam ripped. He took it back to the store and they ordered the same fabric and had it repaired on the house. The next month it ripped again. This time they charged $100 for the repair.

&#x200B;

He did not wear the coat for 7 months after and he just put it back on. He wore it once over the weekend and he just noticed today it has ripped again. He is NOT wearing it in any aggressive fashion. He has worn it a total of less than 15 times and it has torn 3 times already. He also noticed the $250 leather belt he purchased there has ripped. This belt has been worn less than 10 times. I looked up the brand of the belt and saw you can buy it online for $50.

The store is not taking any responsibility for this. It has a slew of one star yelp reviews talking about how abusive and aggressive the owner is and how he will threaten any of his customers for any criticism and he will kick customers out if they try to look up the brands of the clothing he sells in the store (because it is all insanely marked up).

Is this something to be dealt with in small claims or is it just a loss at this point? I think there is something extremely defective with the material and it isn't feasible for us to pay $100 every time a hole rips.

I am also contacting the actual company that made the jacket to see if they will do an exchange but they are an obscure Italian brand and I am not sure if they will really care.

Any and all feedback is welcome!


Title: [TN] Neighbor's dog keeps coming onto my property, followed by the neighbor's kids chasing after him. Help?

Question:
So my neighbor's backyard and mine are right next to each other, both of us have fences. There's a small gap between our fences.

My dog is great with other dogs, but he can be territorial when people walk up to our fence, or come into his yard. He's not this way with dogs, just people. However, the neighbor's fence is fucked up and their little dog can jump it. He jumps the fence *atleast* once a week, but lately he's been doing it more.

My dog is a 70lb Pit, their dog is a little 10lb Min Pin. If they ever got together and played, I'm afraid my dog would hurt theirs on accident, just because of the size difference.

And also the neighbor's kids(M13-17ish) keep coming into my yard after their dog. NOT my backyard, but they come into my driveway, sideyard, and they go between our fences. My dog is NOT ok with this.

So my questions are: What would happen if my dog got out of our fence and bit the dog or kid? What if my dog does something through the fence? And what if the kid just comes onto my property and falls and gets hurt? What am I liable for, and what should I do to protect myself from any problems?

Answer:
 >What would happen if my dog got out of our fence and bit the dog or kid?

You would be liable for damages because your dog is not under your control.

>What if my dog does something through the fence?

What?

>And what if the kid just comes onto my property and falls and gets hurt?

They would be trespassing, but it would still leave you open for liability.Answer #2: IANAL but would this whole situation be avoided if the fence was just repaired? I feel like prevention in this situation might be prudent. Answer #3: Post "No trespassing" / "Beware of Dogs" signs. You can also have a talk with the neighbor if you're on good terms. Tell them you'd rather round up their dog when it gets loose rather than have the kids come onto your property to get it.

If your dog gets out out of the fence and bites someone, I think there may be some distinction if the bite happens on your property or not. You definitely don't want it to be off your property. Even if it's on your property, and even with signs you might be found liable.


Title: Is it legal to record me and patients without our consent (WA) posted on r/nostupidquestions was told to ask here

Question:
I work at a chiropractor’s office as an assistant. One day while I was eating lunch my boss comes up to me and asks what I meant during a conversation with a patient. I realized she had clear audio of us talking. I told her I never consented to being audio recorded. And that none of the patients ever signed anything saying they consented to being audio recorded. She told me she didn’t need our consent as it was for business purposes. This was not in my employee handbook, nor is it in patient paperwork that they sign that we will be audio recorded.
Is this legal? We are in the state of (WA)

Answer:
 No, it is a crime to record in that situation.Answer #2: In Washington state, a business must have consent of all parties.

Where the employee is concerned it does not need to be in the employee handbook we all sign a number of papers when in processing for a job and if one of those papers contains the phrase that you might be audio recorded, then you have consented.

But if you are certain that there is nothing in any of the *patient* paperwork mentioning audio recording then it would not matter whether you had personally signed consent or not - it was still illegal because the client had not consented.

Given your boss's response it sounds as if they have not bothered to get consent from employees nor from clients, so you have a legitimate grievance.Answer #3: It's a crime to record private conversations without both parties agreeing https://app.leg.wa.gov/rcw/default.aspx?cite=9.73.030Answer #4: Since you work as a chiropractor, wouldn’t this violate HIPPA if any patient information was disclosed and he recorded it?Answer #5: Check to see if there is any signage stating that they are recording.

I know for sure some places do that. circle K for instance posts a notice on the door in tiny letters saying they record video and VOICE. time to look and see whats posted for the public to see


Title: I was falsely accused for sexual assault and stalking, and have requested for a hearing. Need advice on how to manage the stress, as well as how to behave in court and with college.

Question:
As mentioned, I was falsely accused for sexual assault and stalking. I am a Minnesotan college student, and another student (I'll call her Jane) had filed a restraining order against me with accusations of sexual assault and stalking. I met this girl on Tinder about two years ago and we've had a casual, sexual relationship since. Jane's been in open relationships before with other guys, and I don't really mind. She has expressed a lot of romantic interest in me before, but I am not interested beyond hooking up. We hooked up about a month ago, and I believe that Jane's boyfriend at the time was not happy about it. At that time Jane filed for a restraining order against me, which I received about a week before finals. I had a really rough time, since I was taking 20 cr of classes (8 engineering/science classes).

I immediately contacted an attorney and now have representation for my hearing. The hearing is in about a month. I have text evidence that she invites me to hang out, as well as her talking about having sex with me. However, Jane also made a complaint to the school, so I am now under an investigation by my college for her claims.

Today I received a second email from my university, and a different girl (I'll call her Mary) made a complaint about sexual harassment. However, the wording in this email was a lot different and much more vague. I was completely blindsided by this, because I had not seen Mary or interacted with her for quite a long time. I met Mary when I was a freshman and texted her a few times to hang out, but I don't think I've texted her for 6 or more months. The last time I saw her was a month or so ago, but I had only seen her during lunch hours and I said hi. Otherwise, I haven't seen her much around nor have I interacted with her. I'm not worried about this complaint, due to little interaction with Mary. I'm just really confused with what's going on.

This all is stressing me out, and I need advice. Has anyone been falsely accused before??

Answer:
 It took a month to get a hearing about a restraining order? Are you sure?

Just follow whatever your universities policy is concerning these accusations. Make sure all your social media is secure.Answer #2: You don't need legal advice, consult with your lawyer about Mary.  Seek your school's counseling office and speak with them.Answer #3: Follow your lawyer's advice, we're not going to contradict them. Don't talk to anyone including the internet about sexual harassment or sexual assault allegations. The more you talk about this to anyone, the more chances you have to hurt yourself.


Title: Mother of my child is homeless and on drugs...need some help.

Question:
So this is a shitshow im dealing with and have no idea what to do. So last year a tro was put on me because my childs mother just stopped calling and picking our child up. She had residential custody but we shared joint custody. So after a month of chaos and me repeatedly missing work and being ignored by her, i confronted her with our child at her job. She immediately went and filed a tro for harrasment and stalking with her shithead pro bono lawyer. It was made into an fro because, as the judge explained, why i went to her job and "harrased and stalked" doesnt matter. Its just the fact that it was done that is the issue. So i am no longer allowed to contact her about anything aside from our child. I raised her daughters that were young when we got together and i cant contact them as well as any other family or friends.

So now fast forward, she is homeless and bouncing around. I filed for a custody modification and got residential custody. But this woman is a complete mess. She is around drug addicts and dealers in shitty areas. She rented a room from someone she didnt know i knew and that person contacted me to tell me she gets blackout drunk every night, even with her daughters there and that she has witnessed my ex snorting crushed up pills. She still, generally, refuses to see our child but has her other daughters regularly.

Ok, now that the very basic facts are down, my question is this: can i contact her ex husband and inform of these things? Can i make a post on social media where i plead with anyone who knows her to reach oit and help her? We have many mutual friends and those friends know more of her friends and family and so on. Can i tag her in the post so people on her side that arent friends with me see it? I dont want to be graphic and demeaning in the post. I just want to ask people to help her because she wont do it herself and she is going to be dead or in jail. Is this violation of the fro if i do any of these things? I just want the amazing woman and mother she was, back in my childs life. Any questions, feel free to ask.

Answer:
 You are no longer allowed to contact her so don’t try to contact her. This includes through other people and social media. If you are concerned about how she’s treating your child you should work through your lawyer. Answer #2: You should make an anonymous referral to your state’s child protective services. Answer #3: As you have FRO in place, you cannot contact her at all, directly or through proxies. This would be a bad idea.

If you are worried about the care she is giving your children, you should hire an attorney to advise you on the best course of action and possibly modify the custody arrangements.


Title: Purchased a 2007 Prius from a private seller in California and the hybrid battery has failed. The car should be under warranty but we found out from Toyota records the car has over 100,000 more miles than the odometer reads and is no longer covered.

Question:
My fiance and I purchased a 2007 Toyota Prius from a private seller in California. The car showed 63,000 miles on the odometer and the ad stated the same. Carfax didn't show the car had more miles (only showed the mileage when purchased from dealer).

The individual we purchased the car from explained his wife never drove the car and is the original owner (purchased the car locally at the dealership new).

Here is where it gets interesting. We bought the car mainly because we knew we had at least a year until the hybrid battery warranty is up. A few months after we bought the car guess what? Hybrid battery failure light comes on. I take the car in and yay it's going to be covered under warranty. A few hours later I get a call from the dealer who explains they have records from past service visits that have the car at over 194,000 miles and that the $3338 for the new battery will not be covered under warranty.

So here we are with a car we bought for $8,500 that KBB values at $3200 (w 194,000 miles) and needs a new hybrid battery ($3338) which isn't under warranty.

What I have is an ad showing 64,000 miles and asking price along with phone number. I have some text messages back and worth between the owner and myself.

The bill of sale which was sent to DMV has the owners signature and the 64,000 miles stated. (Not sure how hard it would be to get a copy from DMV as we do not have a copy).

The dealership is printing out the records showing the car had more miles than the odometer states and the ad stated.

I am just kind of shocked and could really use any advice or first steps to take.

Thank you in advance.

EDIT for updates:

Update 1: Toyota has provided me with 3 separate visits to the Toyota dealership at 96,000 miles, 150,000 miles, and 194,000 miles for warranty related items.

Update 2: After doing some research I found that the instrumental cluster is easier to change than the control module (this also holds mileage but is separate from the instrument cluster). I called Toyota and they claim they can test the module to see if this number differs from the odometer. Plan on taking the car in next week to have this tested.

Update 3: Stood in line at DMV for a few hours this morning to find out we can request official documents/all records from DMV. A little pricey as each year costs $20 but we went ahead and requested a few different years to see what comes up. The people at DMV were pretty nice and explained the numbers they have for the car do not indicate odometer fraud (although we have not received records to prove this) will have to wait until they send them to us.

Update 4: Finally received a letter from our DMV records request.  Absoutley no records found from 2011-2015 on the car. No smog (because California did not require smog until late 2015). No other records etc. So pretty much back to the start. I am going to contact the owner and see if they respond at all. Will update when I get more info.

Update 5: Spoke to managers at various dealership locations and was able to get some more information. They will not cover the battery. They have signed documentation stating the owner signed off on repairs with 194,000 miles a few years ago. Focus will now shift to finding the owner and sending demand letter. Will try and keep updating with new info.

Update 6: Finally was directed to Odometer Fraud DMV unit (they are basically police who work for DMV). Very helpful people. They asked me to submit my complaint and they will start investigating as soon as they receive it. If it was the previous owner they will find them easily if the previous owner sold the car to someone who never submitted paper work to DMV and then rolled the odometer back and sold the car to me there ain't a lot of hope. So we are hoping it is the owner and we can get some money back somehow. Either way we got majorly screwed in the situation as our car went from being worth around $9500 to maybe $2000 and we still need to pay $2000 to get a used hybrid battery and maybe another $1000 for an additional repair. We aren't really sure what to do at this point. Do we sell the car and try to make it with one car between my fiance and I or do we try? Do we fix the car and hope additional problems to come with a car that has near 300,000 miles? Do we sell the car and try and find a better used car with the money which would mean going in a deeper hole? We hope we can get money back from the individual but the odds are aginst us in that regard. Any decision advice is welcome.

Answer: Your damages are under the small claims limit, you can sue and file a police report for odometer fraud.


Title: After finishing breastfeeding, woman walked up to the counter with her breast hanging out. Is this now considered indecent exposure?

Question:
As stated above, the woman was breastfeeding in public (legal here in Ohio). When she was done, however, she placed the baby down then walked up to the counter with her breast still exposed to get some water. Would this now be considered indecent exposure since she is done breastfeeding?
For clarity, she covered herself up after getting back to her table.
She has been seen doing this multiple times at the same location so any help on clarifying this is appreciated.

Answer:
 https://statelaws.findlaw.com/ohio-law/ohio-indecent-exposure-laws.html

A person can commit this misdemeanor crime in three basic ways:

Exposing their private parts; or,
Engaging in sexual conduct or masturbation; or,
Engaging in conduct that to an ordinary observer would appear to be sexual conduct or masturbation.

Definition of private parts :

Men or women gentalia excluding breasts.

According to this, it is not indecent exposure in Ohio.


Title: Can the police ticket you on private property?

Question:
Main question is in the title.

Specifics: This occurred in LA, CA.

My car was idle in a handicapped space on corporate property for no more than 2 minutes (dropping off something for a friend that works in the building, but never even got out of my vehicle). The spaces reside on a street that is unnamed and is simply a driveway between two public streets. Other spaces there include delivery and guest spots (which were all full). After dropping off the item to my friend (who came over to my car to get it) I was preparing to pull away from space when police officer blocked my vehicle with their police cruiser. Officer ticketed me $400 and said they have jurisdiction over handicapped spaces and fire lanes.

Is this true? Is there anything I can do to fight this?

Answer: Yep. Under California law, disabled spaces are for the disabled, not for people who "are just going to be a couple minutes." The laws don't stop applying just because you're not on public property. See [VC section 22507.8.](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22507.8.)


Title: International student caught with fake ID.

Question:
I was arrested in NY for using a fake ID. My original charge was a misdemeanor. I was forced to plea to disorderly conduct, which is not a crime (aka no criminal record), but a violation. In hindsight, I deeply regret the whole incident but it's too late for that. I'm on a student visa and only have one semester left.
I did not leave the US since this incident until last week. While my lawyer (who doesn't specialize in immigration) told me it probably won't affect my immigration status, I read that US immigration do not care about the court ruling but rather about the nature of the crime, in this case a crime of moral turpitude.
I'm flying back to the US in a week's time and I am stressed out of my mind worried that I will be denied entry and subsequently, not finish my education and screw up my entire future. Is there anything I can do to improve my chances? What are my rights? Heeelp, I really need to sort out my life.

Answer:
 >I was forced to plea to disorderly conduct

Not forced. You could have taken it to trial. You made a choice.

No one can guess what might happen. You may or may not be refused entry. You do not have a right to enter if you violated the terms of your visa.


Title: Is it illegal for a liquor store to sell beer for a cheaper price than they paid for it? [TN]

Question:
So i was purchasing a seasonal 6 pack at my usual liquor store when it rang up as $3.93, I foolishly asked "are you sure?" in a bit of a joking manner. He laughed and said he could charge me more if I wanted and I told him to ring me up another one and i went to go get it. When i came back another employee was on a computer and as soon as the transaction finished he came by and whispered to the guy who checked me out who then said they would have to refund the transaction because it is illegal for them to sell something for less than they paid for it.

Now I'm in this place frequently and always seem to have good report with most of the guys and didn't wanna make a big deal considering I don't know the law, but when I got home I started thinking about it.

I understand if he was bullshitting there's nothing i could do but confront him, but if he did lie about it I'll take my business elsewhere and let him know I'm doing so and why.

[Edit] Forgot to mention the price tag on the shelf said $9.39 so I assume someone messed up the pricing which is why it rang up $3.93.

Answer:
 I found [this](http://codes.findlaw.com/tn/title-57-intoxicating-liquors/tn-code-sect-57-3-406.html) which seems to support what the employee said:

>(b) Nothing in this chapter shall prohibit a retailer from offering a discount in such manner as the retailer deems appropriate as long as the discount being offered is not below the cost paid by the retailer to purchase the alcoholic beverages from the wholesaler.


Title: CA: car accident involving Uber, not sure how to proceed

Question:
Accident occurred in CA
Currently living in TX

What happened: riding in an Uber in CA, rear ended at a red light by a truck going ~45mph. I spent the night in the ER getting scans/x-rays, was not admitted to the hospital. I have since been dealing with chronic neck/back/joint pain, and will be starting physical therapy as a result. I missed a little over a week of work at first, and several days over the past month due to pain and doctor's appointments.

My question is, since I am an independent contractor as a rideshare driver (so there's no boss to confirm how many days i've missed) what do I need to be keeping track of? Should I be consulting a lawyer of my own? Should I reach out to the Uber team? If I do need a lawyer, do I need to find one in CA or TX?

This has been really hard for me emotionally and financially, and I appreciate any input. Thank you.

Answer: To clarify, you drive for Uber in TX, but you were in someone else's Uber in CA when the accident occurred?


Title: Western Union Has Suspended My Account.

Question: I live in USA and been sending money to my parents abroad for their expenses and medical treatments etc. A year ago, they had to demolish their house, which was about 30 year old and not very safe to live in. One of the rooms collapsed after heavy rain, but luckily no one got hurt. It was time to rebuild the house. In addition to the monthly "allowance" that I was sending, I have been sending more money to help with house construction. Once or twice, I had to send more money, (5-10K) for them to pay the contractors and purchase construction material. This is all my money from my salary. I even had to withdraw money from my retirement fund (paying the penalty) so they could keep the work going. I only send it to one person, my brother. I got a phone call from Western Union asking me to explain myself where all this money was going, which was fine and understandable. I spent about 40 minutes answering all their questions, but they also wanted a "proof" to support my claim that the money is really going to help my family and house construction. They want receipts or other invoices, but in the mean time they have suspended my account. Their reasoning is that "they have to follow procedure and are bound by the law to investigate". I understand the dangerous world that we live in and there are lots of crazy people who are doing all sort of crazy stuff. My question: is it within their rights to suspend my account or demand for proof? I don't have any problem providing those documents, but 1) they are not in English; 2) lots of work are done in 3rd countries based on "verbal contracts", 3) what if they are not satisfied with the documents that I provide? I want to do the right thing, but is it reasonable for them to ask for personal documents? Lastly, I don't want them to escalate this to something even bigger or involved the government that would cause me more headaches in the future. I just want to make sure they are not abusing their power. Any advice would be appreciated. Thanks.

Answer:
 > is it within their rights to suspend my account or demand for proof?

Yes, and probably is their duty under anti-money laundering statutes.

> what if they are not satisfied with the documents that I provide?

They can close your account.


Title: How enforceable is a condo/HOA rule/regulation on "immoral conduct"? [Michigan]

Question:
I've been shopping around condos and have read the association rules and by-laws of a few. One in particular has a part forbidding "immoral, improper, unlawful or offensive activity" in the condos or common areas.

The unlawful part is pretty clearly enforceable to me, but the rest - is is legally enforceable, or is it just something that particularly conservative neighbors could use to make normal life a pain in the ass?

Answer: It's an HOA. They can get away with an awful lot, emphasis on the awful. It may not be legal, but you'll have to fight tooth and nail to prove that and get it un-enforced.


Title: URGENT: Girl is telling entire school I sexually assaulted her

Question:
[deleted]
Topic:
Criminal Law

Answer:
 1)Notify your school that she is in fact, spreading false rumors.  Keep calling the dean responsible for student affairs, anyone you can and get them involved and show them proof you informed them of this issue, that she was warned, and that she did it anyways.  Document everything.
2) it might be wise to retain a lawyer to protect your interests as the school sorts it out, as well as to see if you can sue her for defamation and libel.Answer #2: How do you not get screenshots?

Text messages, Facebook messages, etc. Don’t self destruct. YOU should be the one to decide when a conversation isn’t worth keeping.

Do not communicate with anyone on Snapchat or shit where they can. Ever. Answer #3: What did your attorney advise you?Answer #4: You need to tell your parents or guardians about this now, like put down your phone and go tell them.  (Assuming you’re not in an abusive or dangerous home??)


Title: Could a woman sign the rights over to her husband to have sex with her while she’s in a coma if that were to happen? Would it be legally binding?

Question: Extremely weird question, I know. But is that legal? Has it happened?

Answer: Sexual consent in North American jurisprudence has to be continuous and conscious to count. Your wife is not capable of sustaining consent while she is comatose, even if she consents immediately before and affirms her consent afterwards. If this came to the attention of law enforcement - perhaps because her doctor or care nurse calls the cops on you for banging your unconscious wife - then you could easily be convicted of sexual assault or rape, depending on jurisdiction.


Title: Pressured into wedding dress down payment, can't afford the dress

Question:
Update: After becoming smarter than the average bear and talking to the owner of the boutique, I managed to get the money refunded. Thank you all for your help!

[Colorado]

So my girlfriend just called me crying, frantic about some stuff.

We're getting married in a few months. She apparently went to look at wedding dresses today, and put $200 down on a $1600 dress that we can't afford. I'm not sure why. I wasn't there, I don't know exactly what the mindset was.

The paper from the payment she has apparently says no refunds. Since it was today, is there any legality to getting the money back? I could use any advice you can give.

Answer: She can sue for her money back, claiming duress. **She's almost certainly going to be unsuccessful**, and will be out the cost of court fees on top of the price of the dress.


Title: My dad threatened, twice, to kill me. What do I do?

Question:
Some back story on my dad:

He wasn’t really around while I was growing up. He lived in another city 2 hours away and came home once or twice a week to just lay on the couch. He never really spoke to me growing up and had almost no involvement with my development and growth. He used to work in the restaurant business, but his partnership with his first restaurant fell through due to altercations with the owner of the restaurant. He decided to open his own restaurant which failed miserably a few months after opening. Though he was never around, he did provide some \(limited\) financial support for our family; it was enough to cover the mortgage. During the time of his second restaurant endeavor, he was beating my mother while I was away for college and he repeatedly cheated on her with a prostitute. He turned to drug dealing for his source of income and stopped providing financial support to us. Thankfully, I made it through college with financial aid and help from other relatives.

Fast forward a few years, I graduate and return home to live with my mom. My dad starts to come home more often. When I see I ignore him and when he’s home I lock myself in my room. He occasionally tries to start fights with me and cusses at me calling me a “useless shitty fucking son who can’t find a job”, though I’ve been working a job post grad. He stopped mentioning the unemployment thing when he eventually found out I was working as an accountant. He shouts other things at me like “I’m your father, you have to respect me. You should fuck off and move out if you don’t want to see me.” He is right about one thing though, and it’s that I don’t respect him for the things he’s done. Despite this, I still show enough courtesy to not cuss him back or yell at him. When he does this I keep calm and continue to ignore him, because responding to him would only add fuel to the fire. In the past we would try to reason him but he’s too conceited and narcissistic to ever consider the thought “Oh, maybe what I’m doing is wrong”, or “Maybe I should listen to other people and be more involved with my family and not abuse them.” Due to this my parents argued whenever they saw each other, until he started beating my mom. It would be pretty difficult to argue as a 100lb female while a 160b male is wailing at your face. Keep in mind, the worst thing that I have ever done to this man was ignore him, until last Tuesday.

It was a Tuesday morning on May 29th, and I was about to leave for work at around 6:55AM. My car is parked diagonally from the drive way so that my mom can go in and out of the garage when she needs to. My dad’s car was parked right in the driveway, so I had no way of getting out. This is a thing he does when he comes home. He has no consideration for what other people in this house have to do or where they need to be. My mom was already awake, telling my dad to move his car so I could leave for work. He refuses to and tells me to “be a man and just back out of the drive way”. If I were to do that I would literally back up into his car. It was literally impossible to get my car out onto the road with his car in the driveway. To prove it to him, I got in my car and attempted to back out as much as I could before hitting his car or the neighbor’s car. I was able to drive back a few feet, then I pulled back to where my car was originally parked and told him it was impossible. My mom decided to just grab his keys and park his car elsewhere so I could get out. I’m sitting in my car with the window rolled down and my seatbelt on when he decides to say “you’re a stupid motherfucker.” He didn’t even say for what and within the context of the situation it made it seem like I was a stupid motherfucker for not hitting his car? I responded by saying” you’re a stupid fucking asshole and a shit dad. Blame yourself for the way I am, you raised me.” This was the first and only time I spoke out to him. I was really not having it that morning. It’s one thing to shout at me and cuss me out while I’m at home trying to get water before I return to my room. However, it’s another thing when you try to fuck with my livelihood and prevent me from going to work. After I spoke out to him and called him a stupid asshole, he responded with “I didn’t even raise you! I was never around!” In my mind was thinking “What’s your actual argument here? You’re upset I don’t ‘respect’ you as a father, but you just said that you didn’t raise me like a father should?” While I was trying to wrap my head around what he just said, he sucker punched me through the open car window on my left cheek and knocked my glasses out of my face into the passenger seat. He then continued to say “don’t disrespect your father” or something along those lines. I wasn’t focusing too hard on what he just said because I just got punched in the fucking face. I thought to myself “This isn’t worth it. I’m just going to let that slide and go to work.” As I turned and reached for my glasses, he sucker punched me AGAIN. This time I was like “fuck it. I don’t need my glasses to hit him back” So I opened my car door and pushed it against him so it forces him to walk back while creating space between us. I unbuckled my seat belt, got up, and I gave him a right hook to his face. After my fist made contact he immediately hits the ground hard. Growing up I was a really weak and frail kid, but I started weight lifting and practicing some martial arts once I got into high school and continued in college \(I weigh about 210lb\). Maybe if he was around as a father he would’ve known and thought twice about punching me in the face. My initial thoughts were “Is he okay? I hope I didn’t kill him.” He got up slowly and turned towards me once he found his footing. I was relieved he was okay, but I was dreading how this wasn’t over. He said “I’m going to call the police.” My immediate response was” Bitch you punched me first, TWICE. Call the police. Do it. And we can both tell them what happened.” He hesitated with his next response and realized he created this fucked up situation. He tried to scare me again with the “I’m going to call the police” to which I responded “DO IT.” He just glared at me and the next thing he said was “I’m going to kill you.” I didn’t realize how dire his response was due to all the adrenaline in my system, so I responded with “BITCH TRY. DO IT RIGHT NOW.” My mom finished parking the car and walked back to find her husband and son face\-to\-face looking like they’re about to fight. She runs in\-between us and she yells “Don’t fight!” I told her “he punched me in the face twice already and I got him back.” My mom’s face suddenly changes to one of disbelief and turns to my dad. To my mom, hitting me was more taboo than hitting her. They start speaking Chinese at this point and it translates roughly to “How could you do such a thing to your own son? What did he even do to you?” My dad didn’t really have anything to say and just sort of grunted in response. Eventually he said “He hit me” and my mom responded “But you hit him first right?” Then he yells “I AM HIS FATHER.” To which I respond” BITCH, YOU SAID YOU DIDN’T RAISE ME.” We squabble a bit more and eventually my mom starts to nudge me to the car and I got in and left for work.

A few days later on Saturday, June 2nd, he sends me a text “apologizing” for punching me in the face. “Apologizing” is in quotes because, well, he didn’t really. He sends me a long text in broken English essentially saying “I’m sorry I punched you in the face and I hope it doesn’t happen again, but it was your fault. The next time you cuss at me again I’m going to kick your ass. And, if you fight back I’m going to shoot you \(with a gun I assume. He has a gun.\) I’m selling drugs to support the family because I lost my restaurant business. I don’t care what you think of me, I’m your father and you’re stuck with the family you have.”

I wanted this post to be short and to the point, but I got carried away once I started typing about the “fight” on Tuesday. I’ve already told other relatives who know about the situation about the text he sent and asked them how I should proceed with this. I decided to take this to reddit as well to see what other people think. This is the second time he’s threatened to kill me. **Should I go to the police? What should I do?**

Tldr. After a physical altercation with my abusive father, he threatened to kill me for the second time. What should I do?

Answer: Just going off the title, report your father to the police, thrusting to kill someone is a crime


Title: (VA) Friends' family took out a mortgage in his name with Identity Theft. Does the house belong to him?

Question:
Just like the title says. My friends family played on his loyalty to keep him living at home all while stealing his identity behind his back. They took out several types of loans, including a mortgage on their home.

He wants to know if this means the house is his, and if he can evict them to live there or sell the home.

Answer:
 No, with a large caveat. The present title is in his name, but if he starts trying to use that fact too hard, (a) he may end up having to acknowledge and accept the debts, and (b) there's a good chance this whole situation will collapse. It's probably in his interest to report the fraud to the appropriate parties, and it's _definitely_ in his interest to talk to a lawyer if real estate fraud is involved.

When your friend reports the fraudulent loans to the police and to the lenders, it's fairly likely that the house will be foreclosed on immediately, which will make the question of who presently owns the house somewhat moot. In principle, the fraudulent purchase should probably be unwound, but in practice, it's hard for the lender to recover the money they paid to the previous owner any other way, so rather than giving the property back, foreclosure generally allows the lender to recover their money.

The family members involved will also likely face serious, years-in-prison criminal charges.Answer #2: If he accepts the debt then he owes the money. Whoever is on the deed owns the home.Answer #3: You also want to have your friend visit here: r/personalfinance/wiki/identity_theft for more specific advice on how to handle identity theft and how to freeze their credit.


Title: Can a minor have private property?

Question: If a minor has private property of their own, can the parent take it away "because they are the parent"?

Answer: Generally yes, a parent has the right to control the property of their minor children. It is generally considered necessary parenting.


Title: Help on dismissing or vacating my judgment

Question:
I am seeking advice on how to take care of this myself or what type of lawyer to call and the steps I need to take.

A little back story; the crime occurred when I was a minor, 13 years old.  Me and an accomplice compiled around 14k (USD) in damages.  I went to court, plead guilty, and fulfilled my community service obligations.  Any money earned from community service was paid towards this fine, but wasn't much at all.  I myself and the accomplice never made payments after the community service stint.
I assumed when I turned 18 this whole thing would stay on my juvenile record. It did not.

As you can guess my credit is shit/non existent.
I am currently 24 and the crime/ judgement transpired in Minnesota.

Any advice would be greatly appreciated.

Answer: You are 99.99% not going to get this vacated. What the hell did you do to cause $14,000 in damages?


Title: Father kicked me (M23) off his car insurance because I won't support his side in the divorce between him and my mom. OH

Question:
So long story short, my dad is super manipulative and controlling, and his entire family (wife, kids) have finally had enough of him, and my mom is currently filing for divorce. Last week, my dad tried to contact me (after not talking to me for two years) so that I would take pity on him and take his side. I told him I know what he is going through is rough and I would not wish that on anyone, but I cannot reassociate myself with him until he proves to me that he is worthy of my trust. He then went off on a massive rant on how I was ungrateful and that I should show more respect to the person who brought me into this world. Then, later that week, my mom called to tell me my father had taken me off of his insurance because I am a big boy now, and I can handle it on my own.
The problem is, I am going to college, and I currently have $63 in my checking account until I get my first paycheck from my summer job in three weeks. I am very frugal, and $63 will be enough to pay for food and such, but I cannot afford to buy car insurance at the moment. I need my car to get groceries, and I had made an agreement (verbal, no less) with my parents that they would continue to pay for bills until after I finish college. This is because I agreed to pay for college myself since my father refused to pay because he figured I wouldn't be able to do it myself.
Is there anything I can do legally? Or do I have to live without a car for the next few months/years until I can pay it myself? My father is also emotionally and occasionally physically abusive to my siblings, but they are now living with my mom outside of my father's house. Is there anything I can do in that regard without my mom also losing the kids (she's not abusive in any way)? Also, he has become incredibly suicidal since my mom moved out, so tact is preferred since I feel anything could set him off, even though he brought this upon himself.
Any advice would be greatly appreciated.

Answer:
 Nobody else is legally obligated to pay for your car insurance. This is a relationship problem; not a legal one.Answer #2: > cannot reassociate myself with him until he proves to me that he is worthy of my trust

Why do you think he has any obligation to pay your bills. You are an adult. Pay for your own stuff. If you are going to disown him then disown him. But do you really expect him to keep paying for shit for you? Come on now.Answer #3: A verbal agreement with your parents to "pay for bills until after [you] finish college" is almost certainly unenforceable in court.

Your father's conduct toward your siblings, or his motives for stopping this payment, are not relevant to your auto insurance.

> Any advice would be greatly appreciated.

If you can't afford insurance, you can't afford a car.   Sell the car and find other ways to transport.


Title: [Texas] arrested with a blunt roach, possession 0-2ozs, in booking i heard them say instead of me taking probation i could serve time in county jail?

Question:
Any truth to this? most were saying its only like a week or 2 and thats it, something called time served i think? seems a lot better than probation for months

thanks yall
Topic:
Drug Possession

Answer:
 Don't take legal advice from the police.

Speak to a criminal defense attorney.


Title: If Trump somehow manages to get the special counsel investigation defunded, could we crowdfund it?

Answer: No. In general, federal agencies cannot be funded except out of money appropriated by Congress. They can only accept gifts if they have statutory authorization; otherwise, they must turn gifts over to the government's general fund.


Title: Sister passed away and we need to move her things out of her apartment. Her roommate had the landlord change the locks before we could. What are our tenant rights (NY)?

Question:
My sister passed away this past month and was living in Brooklyn with a roommate.  They are both on the lease and my sister's rent is paid through the end of December.  My family needs to move her stuff out and were planning to do it this weekend, but her roommate had the landlord change the locks because she does not want people there while she is not.  My mother is the executor for my sister's estate.  All the bill's were in my sister's name.

Is the roommate/landlord allowed to do this since we are paid up through December?  The landlord is not currently there to let us in either since it is a holiday.

Her lease was finished in June of next year, the landlord said we could break it if we paid through December.  Are we allowed to break it earlier?

Answer:
 Send the landlord and tenant a a demand letter for entry.  Offer two different options.  As executor, you have rights to access the decedent's belongings.

The landlord does not HAVE to honor roommate's wishes - if she is being unreasonable.

Many states have rules regarding active leases upon death. - They are enforceable.  If landlord is willing to let you out early - TAKE IT.

Send a copy of the death certificate to utility company and cable.  Have them shut off immediately.  You are not required to pay for these any longer.

Answer #2: What has the roomate's response been to setting a time to collect everything? I can understand the roommate not wanting people she doesn't know coming in whenever they want.  Answer #3: Really sorry for your loss, man. Hope it all works out for you.Answer #4: I don't think you need legal advice here.  Just contact the landlord and set up a time to go in and get her stuff.  Don't make a federal case out of this.

I think the roommate has a valid concern.  How will you know what belonged to your sister and what didn't?  If you go on your own, you will have no idea what to take and what to leave.  Her wanting to be there is completely reasonable. Answer #5: I used to manage a large university residence hall. The roommate response isn't unreasonable.

Ive had a couple students die, and family shows up to collect their belonging. They think they know which stuff is which, but they really don't. It then puts the roommate in the awkward position if having to call them and ask for items to be returned.

If you are in their apt, the roommate should absolutely be there.

Landlord did the right thing.


Title: [California] I recieved a letter in the mail with a ~$5000 fee from a subrogation firm pertaining to damages from a juvenile crime.

Question:
About two years ago I was involved in a juvenile crime. I plead guilty and served time and probation. The crime involved massive property damage which I have never had to pay due to having the judge explicitly order no restitution. Since then, I am now an adult getting off juvenile probation in a week with my case being sealed soon. Two months ago I recieved a letter in the mail from a "subrogation" firm regarding ~$5000 that I owe to their client. The date on the claim is the day of my crime so no doubt it is from that, but I have no restitution ordered.

What is the best course of action?

Should I ignore them? (I'm afraid acknowledging them could make them actually go after me) (my record is being sealed in a couple of weeks, technically it never happened right?)

The letter is addressed to "the parents of (me)," but since I am an adult now wouldn't I be responsible?

( I'm on mobile so I apologize for bad formatting) Thanks!

Topic:
Juvenile and Youth Law

Answer: Just because a criminal court has not forced you to pay restitution does not mean you are not civilly responsible for the damage costs. They can sue you in civil court.


Title: Drinking on private property

Question: What is the deal if you are drinking on your private property and a police officer asks for your information, do you have to give them any information and what happens if you are underage can they give you a ticket or arrest you in the state of California?

Answer:
 Police can enforce laws on private property.

You don't have to give them your information, BUT...

If you're drinking and reasonably appear to be underage and the police can't verify your identity as a legal adult, you can be arrested for drinking underage.


Title: [California, Age 17] I'm going to have a review board talk to me about my recent truancy and would like to know what to expect/what to say.

Question:
I was truant for about two months due to clinical depression and have been told that I need to go to a SARB (school attendance review board) meeting to discuss my future (being separated from my parents, going to a detention facility, etc.).

My school counselor had a meeting with me around late November saying that I have the SARB meeting sometime in January. He also stated that if I begin to attend school again, there is a good possibility that I will just get a warning with a close eye kept on my attendance records after the meeting. Since the talk with my counselor I haven't missed a day at school and still plan to attend again after the current winter break.

I was wondering if I should be fully cooperative during the SARB meeting by answering any questions they ask, or keep my mouth shut and never say anything that can incriminate me.

I know it sounds silly, but I want to be ABSOLUTELY sure that what I say in the SARB meeting will not somehow be used as an admission of guilt (even though both they and I know, without a doubt, that I was truant). Also, am I overthinking this? Is a SARB meeting not that big of a deal because I have been going to school consistently again? Thanks in advance.

Answer:
 This is not a criminal hearing. It is not a big deal. I was SARBed once for being sick. Just tell them what happened. Don't be an ass or they will kick you out of school.

I assume you already turned in notes from your doctor.

SARB can kick you out of school and make recommendations but they cannot remove you from your home or send you to juvi.


Title: Officer took my statement as a confession

Question:
An officer I spoke with regarding a situation took my statement as a confession-I don't think anything will happen from it. However, he went and told the parties involved that I was the one who confessed and did everything when in fact I didn't. The parties involved are extremely upset with me and refuse to speak with me and their friends refuse to speak to me as well.

I'm not sure what to do here. -Montgomery county, Maryland

Answer:
 Yes, that's why police try to get you to talk to them. That's why when you get pulled over, and the *first* thing the officer asks you is if you know why he pulled you over. If you say "I was speeding" or "I rolled that stop sign", that's a confession and you're fucked.

Never never never never talk to police if you are being suspected of a crime without a lawyer.

Anyway you don't really have a legal question here, since you've said in other comments that you weren't charged with a crime. This is really more of an /r/advice post.

If you're charged, get a lawyer. If you aren't, well, move on and make new friends.Answer #2: Yes, that's why cops ask for statements.  They are asking you to confess.Answer #3: What's the situation, what did you say, and are you being charged?


Title: [FL] Protesters causing me to lose business and scaring employees. Can I sue?

Question:
(Wasn't sure what flair to use, mods change it if you feel the need)

I'm the owner of a small thrift (more like antique/secondhand) store. We just finished our Black Friday deals which were less than what people were hoping (gotta still make profits).

So I placed a sign on our door saying "Happy Holidays" because you know, not everyone celebrates the same winter holidays.

Well lo and behold some people didn't take too kindly at being "personally attacked" by a small business owner that they decided to form a mass in front of my business.

One of my employees goes out and asks them politely to move because of fire code violation and to vacate private property (I own the land, I'm not renting the land) and gets told they're exercising their constitutional rights to protest.

OK, I go out (should be stated out means opening the door, there isn't enough room to actually step out of the building) and tell them vacate the property or the police will be called for trespassing. They refuse to move.

Op: 911 what's your emergency?

M: Hi sorry to bother you. I'm the owner over at *business name and adress* I have a group causing a fire hazard in front of my store, they've refused to vacate twice.

Op: Okay (probably thinking this isn't an emergency and he's right I just didn't know the other number) I'll have an officer come by and check on that.

A while later the squad car pulls up and tells the people to leave the property. They pull it the constitution on him and bless him he asks them to move again, tells them I own the property and they can't block the door. Says they can protest off the property a good 10 meters away.

So they do. Then occasionally send one person in to walk in, walk out. Trying to mess up my ratio but we don't have an electronic counter because we're a small business and aren't corporately owned. Eventually they start holding up guests walking in and handing them bibles saying they were a gift from me (had a guest come and let me know. A regular that knows I wear a pentacle necklace everyday because I'm pagan).

Now here I am a day later with a group of people handing out bibles and teaching "the good word" in my name causing me to lose regular customers! I even had a girl come in from next door (she used the back) and ask why there were people out front and if she could be escorted to her car *Because she didn't want trouble from them*

What are my options?

Answer:
 The person who asked for an escort has given you a good reason to get the police there again. A customer expressed concern for their safety due to the mob outside your business. Just ask for a couple officers to come down to make sure everybody stays safe. Answer #2: You should give their church a call, often times churches are fairly structured and the guy on top may not even know about this, and most likely would not support it. Give them a call.Answer #3: >I wear a pentacle necklace everyday because I'm pagan

>a group of people handing out bibles and teaching "the good word" in my name

NAL.  could OP claim harassment? Answer #4: And if they are on public property saying things or holding signs that are libelous toward you or your business, you can sue them.  Get evidence.  Note, they can say things like "AmyTheVantas saying 'Happy Holidays' is bad."  But they can't say things like "AmyTheVantas hates Christmas" (unless you do).  And you have to prove loss.


Title: My employer expects me to complete my work before overtime but makes it increasingly harder to do so.

Question:
I'm a manager at a movie theater in Southern California. Like most managers, I handle the cash and inventory of the building, especially on nights where I close (5 nights a week), where I'm expected to do a full inventory count and deposit any money made from the day. I usually clock in around 5pm and clock out just before 1:30am. In the past, completing this before getting overtime was not a problem. However, after customer complaints that we weren't open long enough to sell food (we close everything 15 minutes after the last showing around 10:30pm), our district manager is forcing us to stay open later, which pushes my closing procedures (as well as my staff, who are expected to still be serving food instead of cleaning) back further. I've tried to work my way around it, but I keep getting out of the building around 3am now instead of 1:30am. The first day of this new policy) I clocked out when I thought it was legal (3am) but the DM called to make sure we were clocking out before 1:30am. I'm bitter, angry, and feel used. I know I should be fairly compensated for my hard work, but my employer expects me to complete everything even if I have to clock out. What legal grounds do I have to either demand compensation or something similar? The DM has already said that he will not be making us come in later. What can I do?
For a little background, our hiring paperwork does state that we cannot get overtime pay without written consent from our DM or corporate office.

Answer:
 Don't clock out before you're done working. They need to pay you for all hours worked, regardless of whether or not you go into overtime. That being said, you can definitely be fired for not being as fast or efficient as your boss wants you to be. Answer #2: if they tell you to clock out at 1:30 am, clock out at 1:30 am and leave. they cannot make you work and not pay you for time worked. if they demand you keep working, stay clocked in and keep working. file a wage claim if you've worked any hours for which you have not been paid.

start looking for another job.Answer #3: You can and should refuse to do work off the clock.

If you feel like the scope of your work has changed, you can negotiate with your employer for a raise.  And your employer can either agree or refuse your raise.

Beyond that, if your employer has unreasonable demands you can look for a new job.  Answer #4: [This article on 'Off the Clock Work'](http://employment.findlaw.com/wages-and-benefits/is-it-illegal-to-work-off-the-clock.html) appears to cover your situation.  If your employeer refuses to change, [start with the DIR](http://www.dir.ca.gov/dlse/dlseWagesAndHours.html)


Title: Smoking in 1-zone heated appartments?

Question:
Hey /r/legal advice!

I hope this is the right subreddit for this question.  This doesn't have anything to do with fighting landlords or anything.  I'm curious on this topic and couldn't find an answer online.

**Backstory:**  The backstory is a little complicated.  I live in western NY state, in a converted house which was divided into 6 apartments - all 1 BR or studios.  Previous tenants in an apartment were evicted for a number of reasons (non-payment, smoking, constant domestic fighting).

My lease has a non-smoking clause.  I have signed 2 1-page extensions during my time here.  All 5 existing tenants don't smoke.

Landlord sells a bunch of property, including my building within the last month.  New landlord seems good:  he fixed the heating system (a whole new furnace!) without prompt.  The old system was on constantly.  I imagine it came up on their punch list during inspections at closing.  As before, the heating system is a 1-zone forced hot air system.  The return just happens to be in my apartment!

**Problem:**  New tenants moved in this weekend.  They've been in all of 24 hours.  And lo and behold, cigarette smoke has started to waft through as soon as the heat turned on.  So you know it's bad already over in their apartment (it's a family with a young girl in a 1BR!!)

**Question:**  Is there a legal requirement that prohibits smokers on a 1-zone system like I have?

Side note: I imagine they lied on their application since it is my understanding with Section 8 assistance, you get 2 BR if you have a kid.

Thanks guys and gals!

Answer:
 I would assume that their lease also has a non-smoking clause.

If so, let them know that they are not permitted to smoke, and ask them to please take it outside.

If they do not, let the landlord know that this is a problem.


Title: being kicked out of apartment.. NEED legal assistance!

Question:
me, my girlfriend, and my one year old daughter are being kicked out of our apartment by my girlfriends mother. our names are not on the lease for the apartment. i was tolled by her mother that i am not aloud to return to our apartment to get anything of my things. or to be with my daughter while my girlfriend works because we don't have a baby sitter. i am unaware of central ny's laws in this matter. if more information is needed i will gladly supply it.
TLDR: my mother in law is kicking my family out.. i need to know how i can get my things back...

Answer:
 Your girlfriend's mother was on the lease, and you're staying with her?

Your girlfriend's mother has to give you 30 days notice, and if you fail to leave she can begin the legal eviction procedure.  She cannot simply kick you out of the house.

Call the local police non-emergency line, explain that your girlfriend's mother is excluding you from the apartment where you're living, and ask them to accompany you to the apartment.

Start looking for a new place to live, and start moving out.  If the MIL is pressuring your GF to deny you access to your child, start looking for a lawyer for a child custody order.