Title: My sons is being accused of abuse.

Question:
TL;DR son is being falsely accused of abuse. I want this to stop.

My son is 18 still in highschool. When he was about 15 or 16 he had a girlfriend and they broke up. Another girl came around shortly... First ex became stalkerish. Second girl, they break up as well... This one was a bad break up and with everything that has been going on my son ended up depressed and tried to commit suicide.

About six months later after the last break up he finds out that both girls are accusing him of abuse. Guess they are best friends before and now after the break ups. He goes to confront them what he did wrong and why are they lying to everyone. They won't tell him what the abuse was, that only he knows what he did.

We find out about all this shortly after because he comes to us not sure what to do. I ask if there is any truth to these rumors and he swears up and down that their was no abuse. I believe him... this is not his nature. I decide to take a wait and see approach. Tell him he needs to deal with his depression. I am afraid that people will just believe the girls and he is going to have to deal with a whole lot on top of his depression and suicidal thoughts.

Fast forward to yesterday. Son is on a antidepressant. Feels better, last year of high school and can't wait to get out. Nothing came about rumors the girls spread. In fact the first ex was still trying to be "friends" and constantly contacting him wanting to talk. I told him to block her from everything and have zero contact.

My son's friend show him some Instagram account spreading rumors about kids going to that school. One of those posts has my son's name on it with a couple letters changed to *. Post says urges that girls stay away from him because he is abusive. One person confirms it second person denies it.

Things escalate. My youngest now wants to confront these people. My wife calls asking what to do. I tell her to speak with the counselor of the school. School brings both my kids in to find out what is going on. After the meeting my youngest felt they where going to get away with this and confronts both the girls during lunch. First ex walks away second says my son knows what he did. My youngest ends up spitting on the girl.

I get called to pick them up. Youngest is now suspended, rightfully so. The school is offering to do a no contact contract. I told them that is what I want. School is aware of this Instagram account but nothing they can do. I am aware of this. I report this account and post about my son for bullying and IG tells me the account is within community guidelines even though there is a lot of posts about other kids and bullying them as well.

I am at a loss here... I feel that the police should be involved now but I don't want to put my oldest thru that. What can I do legally to make this all stop?

Answer: You could get a lawyer to send a C&D to the girls. Alternatively, this may be enough for a defamation suit as it is clearly causing him emotional distress and damaging his reputation, but whether or not you're going to get anywhere with two teenage girls is something a lawyer could tell you.Answer #2: Would be good if he could document how one of the girls kept trying to be his friend.  Answer #3: If your son is capable of spitting on a girl, that should show a lack of boundaries. Lawyer up, and be triple sure your son is being truthful.


Title: [OH] Too late to seek out a lawyer?

Question:
Long story, short as possible:

Exactly four months ago, my mom and I were in an auto accident. She was driving. A woman ran a red light and hit us on the front passenger side (me in the passenger seat.) I noticed no injuries at the time, and my mother was also luckily fine. I have pics of the damage etc.

We went down to court about a month and a half ago. We didn't stay long, the prosecuting attorney just wanted to know what happened and we left after that brief statement, we didn't need to go in and sit or anything.

Shortly after court, I began having odd dizzy spells from time to time. There was also a "cold" nerve tingling in the center of my back (not sure how long that had been there tbh)

On St. Patty's Day, a couple days after seeing a "new" chiropractor, I started getting nerve tingles on my left side. I  went to the ER a handful of times for pain, but usually due to dizziness. They did all kinds of tests and bloodwork and I came back all good.

Since then though, I've been having tons of back and neck issues, and occasional spells of lightheadedness. It really feels like the accident was on St. Patty's Day. I get nerve tingles from time to time all down my body from the back of my head down, especially on the left side. Yesterday my neck felt severely screwed up, and I went home early yet again

My doc has so far refused to do any imaging until I complete physical therapy, which goes twice a week for the rest of this month. I'm taking Meloxicam and a muscle relaxer, but they don't seem to be helping. I was so scared of how I was feeling I stayed the night at my folks' last night.

I feel like crap, and it's starting to affect work and day to day life.

I'm wondering if I'm having delayed issues from the accident. The big question is: Would any lawyer be willing to look into this this far down the line?

Answer: First, stop seeing chiropractors.  They will not help you, they are not real doctors.  Stick with physical therapy and real doctors.  Second, four months is not far at all.  Call and speak with a personal injury attorney.


Title: Fake ID confiscated in fall just received this a couple weeks ago

Question:
http://imgur.com/km8A42c

I stupidly emailed the officer asking how one would go about paying the fine. Where can I go from here?

Answer:
 Generally, it is not considered wise to listen to legal advice from law enforcement officers that are trying to investigate you for a crime.

You already did too much.  I would get on the phone with a lawyer time now.  When you speak to this lawyer, tell him the truth.


Title: [ON CAN] Landlord is selling the house, and buyer doesn't want to continue renting. When do I need to move out?

Question:
**TL;DR Landlord sold house very quickly.  Still hasn't given me formal notice that I need to leave.  Buyer doesn't want a tenant and refuses to communicate with anyone.  When do I need to move out by?**

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I've been renting a basement apartment for 3.5 years from a young couple who live upstairs.  The tenancy agreement stipulated month-to-month and states that the tenant must give 60 days prior notice to terminate the tenancy.  It doesn't state a timeline on the landlord's side.

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So here's the story:  My landlords had been trying for child for a long time but with no luck so ended up going the adoption route. After 2 years of the process they finally got a child in May, only to find out a few weeks later they're pregnant!  I found out around July.

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Fast forward to Sept 7, they mentioned to me that they just started looking at houses to upsize because of the larger than expected family, and very quickly found one that they like.  They said they want to put an offer down on it, but had to put the condition that they'd need to sell the one we're living in currently. I have a very good relationship with them and understand the need, so I did my best to be as accommodating as possible.   I cleaned up and barely lived in my place the whole week to make sure it was perfect for the many visitations they had.  I understand there's a requirement for 24 hours notice before entering the apartment, but I told them it was fine as the visitation requests came pouring in.

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They had asked their realtor to let potential buyers know that the tenant (me) was interested in staying, but the realtor never did. They also described the unit as an in-law suite on the listing. By Sept 12 they had a very good offer on the house that they wanted to take, but there was no mention of whether this buyer was willing to rent out.  Sept 18 they had closed the agreement but there was still no mention of whether they wanted to keep me on as tenant.  This buyer did not want to have any direct communication with my landlords, and insisted everything go through their respective realtors.

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I continuously poked my landlords who poked their realtors and I finally got an answer on Sept 23rd.  I only heard indirectly from my landlords but the response was something like: "The buyers are not interested in renting.  It would be good if the tenant was out by closing (Nov 2)."  Disappointing to hear, but before giving up completely I thought maybe I could try to make a good impression on the buyers and change their mind, so I spoke to my landlords about seeing if i could get in touch with the buyers. They thought it was a good idea as well so wrote to their realtor again this morning (Sept 24th).  The response back was something along the lines of "the buyers are uncomfortable having any contact with the tenant.  Their mother will be moving into the basement."  I mean alright fine, it would have been nice if you could have shared that a week ago but whatever.

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So now I get to my questions.  What are my rights?  I was informed of the official selling on Sept 18th.  Can the buyer force me out by closing (Nov 2) or do I get 60 days?  Also my months start on the first, so wouldn't it technically be 60 days from the Oct 1?  Is it 60 days from when the buyer takes over?  Technically the landlord still hasn't specified anytime that I have to move out yet.

I definitely feel jipped by everyone involved, including my landlords, but overall I think they're great people and don't want to cause them problems as they're starting out their family.  The buyers seem like individuals that I wouldn't want to rent from, but if I need to cause them problems to enforce my rights.. I think I would be happy to do so.

I was searching frantically for places as the market is pretty bad right now, and I managed to find just 1 that I really like, but the only catch it that it's not available until Dec 10.  It would be really nice if I could just hold this spot until then.

Answer:
 In Ontario, a buyer can not force you out until the lease is expired.
You mentioned that your months start on the first, so I take it that you rent month-to-month.
Unfortunately the new buyer can tell you to vacate; he must give you 60 days notice.

If I am wrong and the lease is NOT month-to-month, then he must honour the lease to its end.


Title: [AL] age under law?

Question: Hey r/legaladvice. I have question out of curiosity. It pertains to something kinda of odd that happened in my town but anyways I was wondering, under law if you turn 18 is it based on the official date that you are considered 18 or is time(like say I was born at 6pm) a factor in it as well?

Answer: The time you were born is irrelevant, you're considered 18 legally on the day of your birthday.Answer #2: Also, the age of majority in Alabama is 19, not 18 like most states. Not sure if that's relevant to your situation.


Title: [Kansas] Possible liability of helping people with their cars

Question:
I had an idea recently about turning a Jeep into a mobile "Fix-It-Mobile". This car would still be my daily but I enjoy helping people with their cars and thought I could use the towing power and general toughness of an older jeep to help people out. I would not ask for payment for doing this, I just like helping people out with their car troubles and I have most of the equipment on hand anyway for my own use.

Basically my question is, could doing this get me into any legal trouble? For instance, could I help someone and then get a summons down the road claiming that I did something to ruin their car? I wouldn't do anything I haven't done before and have a good amount of personal experience doing car maintenance, towing, flat-fixing, etc.

Again I wouldn't be doing this for pay so I'm not sure if that changes things or not. Mostly just doing it because it makes me feel happy.
Topic:
Other Civil Matters

Answer:
 > Basically my question is, could doing this get me into any legal trouble? For instance, could I help someone and then get a summons down the road claiming that I did something to ruin their car?

Yes, of course.  The fact you didn't charge money doesn't mean you have no liability.  You could ask each motorist to sign a waiver of liability, but even those do not absolve you of gross negligence.

The solution is to get business insurance for this specific activity.


Title: Landlord wants to perform extensive construction/renovations in our occupied unit (MA)

Question: My landlord just notified my roommates and I that he would like to perform extensive renovations within our occupied unit starting next week (hole in the living room wall, intermittent water shortages, redoing the stove and cabinets, redoing the unfinished basement, etc.) I have to study for the bar exam this summer so I was already hoping to find a subletter. Now, I'm not sure how I could get anyone to choose to live here (and I think studying for the bar exam would be impossible with all of the construction.) Our landlord offered to pay utilities (which, given that our water will be repeatedly shut off, seems like the bare minimum). However, I would prefer to break my lease or receive a significant rent reduction, since finding a subletter now seems impossible (and again, staying here while studying seems virtually impossible). Advice?

Answer:
 You don't have to let your landlord renovate if you don't want to. He can force you to let him make necessary repairs if it is a question of habitability, but just to renovate, nope.

Feel free to negotiate with him. If he lets you leave and break the lease, he can renovate all he wants and then re-rent the place. Answer #2: Your LL is not allowed by law to do serious renovations like you described.  But he is allowed to ask and get your permission.

If you seriously object, explain to him that you need the room, the peace and quiet, this summer to pass your bar exams, so you can not give him permission until you pass your exams.    You need to be firm on this.

He can't threaten you, but he can choose to not renew your lease when it expires.


Title: [CT] Would tossing a toy dog filled with raw beef in front of speeding cars be illegal?

Question: I live on a side street downtown in a medium sized city in CT. Lots of cars whip up and down these streets, despite the children at play signs. Assuming no damage was done to the car, is there anything illegal about this?

Answer: Probably in the case of causing car accidents- people would swerve to avoid the toy, and then to avoid any animal that would possibly run into the road after it.


Title: Child neglected by father

Question:
I'm the stepfather of a 5 year old child. Live in Belgium.

The biological father sees his child one weekend every two weeks. He comes from 2 HOURS in a supervised room every two weeks due to his history, which I will not go into, since he clearly made a lot of progress to get to a whole weekend.

Last summer we reached an agreement saying the school holidays will be evenly split. This means that in these christmass holidays, he got to keep his daughter for one whole week. He picked her up friday after school and we picked her up at his place 9 days later on sunday evening (new years eve). My girlfriend, the mother of the child, went to his place on tuesday to bring some documents, and saw her daughter briefly. She said she smelled horrible and was still wearing the same clothes she left with friday morning.

Sunday evening, we picked her up. She seemed clean enough. However, we didn't even reach the next street when we were both asking ourselves what we were smelling. Something outside? No, didn't seem like that. It turned out to be the daughter's plush toy. It smelled like days old pee, mixed with some other unknown smells. The daughter isn't clean while sleeping yet. She wears diapers when she is with us, but her father refuses to use those in order to help her to get clean. We found out that when the daughter pees the bed, she will still be sleeping the entire night in the wet bed. I do not know if the bed is refreshed the next morning. Apparently the plush toy absorbed a lot of that, together with other smells probably. You should also know that she has the tendency to put the toy in her mouth... This also explains why she smelled horrible on tuesday.

She has curly hair that gets knotted (I think this is the right word. English isn't my native language) easily. She wines often when we comb it, but when done regularly, it isn't too bad. We noticed monday that her hair probably hasn't been combed for 9 days while with her father. We put her in the shower and put on loads of balm, but she was still crying uncontrolably when we were struggling to get the knots out. The hair also seemed to be sticky with a lot of dust in it.

We fear that "our" daughter is being completely neglected while at her father, and that she is washed the day we come to get her to make it not seem as bad. The horrible plush and the knotted hair make us fear the worst. This is however hard to use as evidence in court. We have no way to prove the toy and the hair weren't in this condition because of something WE did with it. Her father has a snackbar he works in from morning till night. His new wife works there as well. His wifes 4 children take care of our daughter, we think. He simply has no time for his daughter, yet still wants her on those weekends/weeks and even has the audacity to tell us how to better raise her. The daughter herself tells us she doesn't like being there, and every time she returns, she is visibly upset and needs a few days to readjust.

The weekends are survivable. The weeks are not. This is going too far. This needs to stop. He is supposed to get her in blocks of 2 weeks during the summer vacation. I have serious concerns about our daughters health when she will be there for two weeks, sleeping in her own pee and being neglected.

What steps can we take, or more importantly, what evidence can we collect?
Topic:
Custody Divorce and Family

Answer: Unfortunately no one here regularly is familiar with Belgian laws. Maybe /u/frisian2 can help.


Title: My House No Longer Gets Mail

Question:
I live in the Twin Cities.

There is constantly a car parked in front of my mailbox. For months, I've missed out on packages being delivered from overseas, bank statements, my new debit card, postcards, medical bills, etc.

I know that the post office has left several notes on the car, I've talked to the landlord of the house, nothing has changed.

I read that USPS doesn't have to deliver to my mailbox if it's blocked (it's also attached to my neighbors box, who I assume is also not getting mail) and I've tried to read through the city's codes on parking but it never mentions mailboxes.

Is there anything I can do? Besides tacking an extra hour or so to drive to and wait at the post office to check to see if I got any mail everyday?

Answer:
 If all else fails, call the post master to see if there are any guidelines that might help you instead of hurt you (like not getting mail delivered)Answer #2: Is the home in an HOA? Is this car just parked and not ever driven? An HOA might have specific rules, and a city may have like, a 72 hr limit for abandoned or disabled cars. Call your police department or sheriff, if so.Answer #3: If your community doesn’t have any ordinance about this it may be time to craft one. Contact your ward councilor to ask for help. I recommend using Facebook if they have an account since you can post a photo of the blocked mailbox with a detailed account of your problem. This is exactly the type of thing your city government should be able to solve.Answer #4: Is the car parked illegally? If so contact the police so they can start ticketing it.

If it's parked legally contact your local elected officials to maybe create a no parking zone.Answer #5: If you can't get the car removed, maybe look into getting a PO box at a post office close to your work or home so your mail gets automatically delivered there and you don't have to wait around.Answer #6: While you're working on resolving this issue, sign up for Informed Delivery with the USPS. They'll email you each day with pictures of what's scheduled to be delivered. That way, you'll know when it's worth making a trip to the post office to pick up your mail.


Title: My friend thought he was singing an application, turned out to be rental agreement Minnesota.

Question:
My friend feels hoodwinked, he signed a rental agreement, thinking it was an application. They always spoke of it as an application.

In the document, which is not a full lease, it said he would be liable for years rent.

Any advice?

Answer:
 Read things before signing.Answer #2: 1. You should always read things before signing
2. The friend needs to get a copy of what what signed, and bring it to a lawyer to review.

$500/month * 12 months is $6k. That's lawyer territoryAnswer #3: Any recourse he has would be outlined in the contract.


Title: What do you think of this protective order, and breaking it...

Question: So, my ex broke up with me almost two months ago. She had, 6 weeks prior, promised me she would give me her heart, and that if anybody were to end the relationship, it would be me. We had planned for me to move in in June. There was never any physical or verbal abuse in the relationship by the way. As the weeks progressed after she told me this, she was not changing, not being affectionate, keeping her walls even higher, so I myself created more boundaries. so I asked if it was a good several times was this a good idea, she reassured me that it'd be worth the struggle, that we'd fall in and out of love, but it'd be worth it. Of course things didn't change, I was miserable, I created more boundaries and conditions. But when we broke up, without really confirming it, I was sure we would stay together, work it out. When she was adamant on ending it I begged for her not to... she even had sex with me after she refused to budge from ending it... All I could think of is what she said just a little more than a month earlier. So I left, but I still texted, begging please not to let us end. She wouldn't budge. So I lashed out and said things about her, not bad words, name calling or threats, but things I disliked about her, her life, and that I was lucky to be free from it. She was enraged I did this. But I was really frustrated she would be this way, not give us a chance, right before I was moving in, right after she told me all those things I wanted so badly. Of course, I apologized, wrote a beautiful apology letter, she initiated contact, accepted by apology, and felt like she was opening the door, but then slammed it shut. The more I thought about it, the more I felt I could have tried so much harder, done so much more, dealt more with my own emotions and not project onto her. So I texted and called a lot, desperate to let her know I saw all my mistakes, I could change, please give us a chance. She refused. I just couldn't give up. She threatened a restraining order for harassment. I was scared, but I could not let go. It was about 200 texts and call in 2 weeks, so not crazy, crazy. But I was calling, crying in voice mails. I never threatened, or was abusive, or name calling, I was desperately sorry. So, given her love language is acts of service, I had the genius idea, because she hates to do it, to go an mow her lawn, so I went to the house I spent so much time at, was going to live in, and mowed the lawn. She was not home, when she was, I knocked on the door. Lightly, never yelled, or said a word. She called the police. He let me go, he gave me a pat on the back, I cried a bit, he said put in Gods hands... So, in my last ditch bit of going insane, thinking that she would have loved me if I just loved her better, if I just loved her unconditionally we could have had an amazing life, I called her teenage daughter, who I picked up a lot, helped her learn to drive, was close to her, and begged her to please help me talk to her Mom. That was it. My own Mom actually came to visit me the next day to help me pull myself together, but the temporary restraining order came the next day, just as I had given up, was ready to leave her alone. So I was pulled back in, in a horrible way. I didn't get a lawyer, she didn't lie about anything on the statement. The sheriff who dropped it off said he'd never seen one like this, somebody mowing the lawn... and for me not to worry. I naively thought it would be dropped, or she would drop it. I didn't contact her at all in those 2 weeks of course, and still haven't in anyway, except one crazy thing I'll get to... So at the hearing, she came with a lawyer friend, I knew I was screwed. I was speechless, I was going to take responsibility and not deny anything, so I simply consented... a lawyer has since told me, if I had one, this never would have been granted in the first place. During this time, she was also making it clear she through public social media she was back with an ex fiance who was always in the background, her 'best friend', 'like family'... Putting up things relating to marriage, marrying your best friend, etc. It was mental torture.  I couldn't help to look, it was public. So, as she also was not blocking me on facebook, I saw a photographer friend, who had all his pictures public, had a photo of the first picture I saw of her, first thing I saw of her. I liked it, on his public page, a public photo, and a comment about how beautiful she was. I guess, and I didn't realize, this sent her a notification - she wasn't tagged in it when I first liked it and commented on it - and she took this to the domestic violence bureau, and this was considered indirect contact. I was called by the police, I had a warrant. I turned myself in and spent the most horrible day and night of my life in jail being booked with drug dealers, rapists and murderers. I had never seen a jail before, ever. I now have had to hire a lawyer, thousands of dollars. I'm scared to death of this person, I never thought they were capable of such cruelty. My job, my future is in jeopardy, my life is in tatters, I am an emotional wreck. I don't know why I am writing this, other than I feel victimized, I feel abused, by someone claiming to be the victim, and being abused. Someone who said they wanted to give their heart to me completlely 4 months ago now, said they loved me, was going to have me move in their home. I'm just at a loss, I'm still in horrible pain, but I still don't have anger towards this person. I just still feel lost, and I still love them. What is wrong with me?

Answer:
 I think you should obey the protective order and find a therapist you trust. It's time to move on. It was time months ago.Answer #2: You harassed her. She got a court order. You continued contact.

You need a counselor. And an attorneyAnswer #3: **TL;DR**

OP got dumped.


Title: [OR] I was believed to be a minor in possession of tobacco, stubbornly refused to give over my ID, and found out I had honestly forgotten it later.

Question:
I'm on a walk with my two friends, and one of their newborns. We see a Sheriff pulling over (potentially harassing?) a car that we believed was one of our friends, whether or not they were committing any crimes is none of my business, we were dormant on the other side of the street as we observed the stop.
The officer let the car go and got back in his vehicle with his partner, the traffic stop was over, and their lights were turned off but their car was still dormant on the side of the road.
I cross the street without my two friends, being the white knight activist I am, simply to politely inquire if everything was "Alright"?
The police officer confusedly answers "Yeah?"
to which I reply "Okay, have a nice day!"
Their cruiser starts to pull away, and -- this is where it's bad on my part.. I'm compelled to run down the sidewalk parallel to the vehicle that's pulling away, to catch up with my friends who were walking the same direction, but on the other side of the street.
I get some ways down a hill before I hear one of them shout to me:
"Get back over here, or I will be forced to taze you."
I get out my phone and start recording the encounter from then on, because he had basically just threatened me.

Mind you, the entire time, from crossing the street, to politely approaching the officers, to, yes, even running, I had a lit cigarette in my hand and a diaper bag on my shoulder (was carrying it for the newborn.)

It wasn't until I started my jog that I was stopped for one reason: Being suspected of being a minor in possession of tobacco. I refused to hand over my ID, and he got angry with me and demanded it, I said "Yeah, I do have it." unknowingly, I really *didn't*, and I couldn't prove to him I didn't have my ID because I was handcuffed and they had to take it out of my pocket for me.

Sure, NOW I understand why it looked kind of suspicious, but I was on no sleep after closing a store the night before, and work AGAIN in 3 hours, I was in a time crunch.

Long story short: I was not read my Miranda Rights until AFTER I was already in cuffs for over half an hour AND within the gates of the police station.
The charge they tried to give me was:
 "Interfering with a Peace Officer"

Answer:
 >I was not read my Miranda Rights

That's fine. They don't have to read you your Miranda rights until they want to interrogate you, or otherwise use your answers to questions as evidence.

>The charge they tried to give me was: "Interfering with a Peace Officer"

Well, you interfered in a traffic stop, so it makes sense that they'd charge you with that. Whether or not your conduct violated the law would be something you need to ask your lawyer.


Title: I work 10 hours a day as a sales associate & get no lunch or breaks. Is this legal because it really sucks & i think its affected my health. New Mexico, USA

Question: I work at tillys & have been for a few months, the store manager makes a shitty or lame excuse for not letting us have breaks. He & the other managers get an hour break for 10 hour shifts & it just seems really unfair. The work is not to hard but everyone needs a break. Is there anything i can do?

Answer:
 New Mexico does not have any labor laws requiring employers to allow for meals and breaks. So the federal regs apply... federal doesn’t have any laws requiring it either. So no.

If it’s affecting your health, you should apply elsewhere. Answer #2: I read this and thought "of COURSE they have to give you a break" and then looked it up to find that new mexico doesn't have state laws dictating breaks and meal periods BUT that in their absence, federal rules apply so I thought "of COURSE federal law requires a break" but apparently it doesn't and the dept of labor page goes to the real DOL site but that actual page gives you a 404 error and frankly I am now shook.


Title: Co-op Board wants access to apartment.

Question:
I own an apartment in a co-op in New York (Queens County). Management recently issued a letter to all tenants saying that they will be holding apartment inspections over the course of 4 days next week, two weekdays and two weekends. The purpose of the inspection is to determine if there are any leaks in the apartment, check how many ACs are in the apartment (electric is included for all apartments but we pay an annual fee per AC), and check whether carbon monoxide detectors are installed. Failure to allow access into your apartment will result in a fine and a maximum AC penalty (w.e. that means).

No where on this letter does it say that management will be scheduling visits, instead it says that we have to be available during those hours or we face a fine. I have no problem letting management in to my apt, I have nothing to hide. I do have a problem with the window of inspection time they issued as I'm at work for about 75% of those hours. Is management allowed to do this and can they legally fine me for being at work during their inspection hours.

This is my second year in the apartment, there was no inspection done in my first year.

Answer:
 Why dont you talk to management and schedule a time..?

Tell them you're not ok with them entering your property without you there and you are happy to set up a time within their stated inspection times where you show them your place.


Title: Mother wants me to let her drive my car

Question:
Hi, I'm not sure if this is the correct place to ask. If not, please notify me and point me in the right direction. Thanks!

So I just got some texts from my mother (1AM, while I work) asking if she can drive my car in the morning to take my child sister to a specialist appointment in a city 2 hours away. She says her vehicle is in the shop and her husband needs the car to go to work.

Every instinct in my body tells me to say no, but she's my mother and it's apparently about my sister. I've asked her why she can't just drop her husband off at work in the morning and do what she needs from there, but she's ignoring my question.

I don't know anything about how car insurance works with allowing others to drive, covering my car and covering their medical expenses. How does all this work? And subjectively, should I or should I not let her use my car?

For reference, I believe my mother needs to take my sister to the city, but we do not get along and I don't trust her not to get into an accident. Also, she has a complete lack of respect for others property and doesn't have the money to pay for any possible damages done (if anything were to happen).
Topic:
Insurance

Answer:
 Honestly she's ignoring your question because thats a solution that should work. Tell her sorry you need the car, she'll have to drop hubs off at work.

She is your mum, that does not obligate you to say yes.


Title: The advisor of my sorority blind sided me into meeting with a police officer without my previous knowledge.

Question: Back story, I am in a sorority in Idaho and the advisor of my sorority heard a rumor that I had done ecstasy at a concert which I denied. Last week, I was pulled aside by our president and asked to talk. I was walked outside of our home where our trashcans were kept and there waiting for me was a police officer. The police officer pulls me aside and then asks me if I have done ecstasy, claiming I couldn't get in trouble for it. My question here is it legal for my advisor, without any proof of drug use to slander my name to a police officer and blind side me like this? I am a freshman in college and really have no idea what to do.

Answer:
 Yes, unless she is your doctor or priest, it's legal to report a suspected crime to the police.Answer #2: it's legal. it's just shitty. you don't have to answer a cops questions and there's no real point to a cop questioning you about past drug use. he probably just wanted to get sweet with the sorority advisor and was doing a scared straight style favor.

possibly a good warning to you about protecting your reputation, tho.


Title: Why did the police call me today?

Question:
Got a phone call from a man today, a Sunday, with an out of state area code (I'm in North Carolina). He didn't introduce himself as a police officer at first, and proceeded to ask if I had a certain kind and color of dog. I said I did have a dog of that color, but a different breed. He then introduced himself as a police officer and said that I had been seen at a restaurant in town with the dog that was suspected to be a missing dog, and how long had I had her, etc.

So- how did he know my name and number? How did he know I had a dog and I was at that restaurant? Do police typically call people at home like this? The more I think about this the less sense it makes. Any insight is appreciated.

Answer:
  Unknown caller: "Hi, what color is your dog?"

 You: "No."


Title: [NYC] Friend found her apartment to be bugged by workers who were there a day earlier. What is the penalty for this?

Question:
A friend of mine recently had electricians over to fix some lightbulbs in her house approximately 2 weeks ago. Then 3-4 days ago they returned to her apartment with the landlord to "check the lightbulbs". She was home alone, so she was not really paying attention to what was going on. These electricians had the key to the house from the landlord.

Then yesterday, her and her mom returned home and found doors within the apartment for certain bedrooms and closets locked in ways they were never locked. Immediately, they suspected a break-in, even though nothing was stolen.

The cops arrived this morning and found 4 cameras with microphones in my friends bedroom, her younger sister's room (who is a minor), her parents' room, and in the living room. Further sweeps will be conducted on the apartment, and the family was planning to move out anyways within the next month or two.

The prime suspects are the aforementioned electricians, who had both access to the house, but were also working in the places where cameras were found.

My question is how will these people get charged and what are the possible penalties they can receive?
Topic:
Criminal Law

Answer: If the police discovered this, there should be a police report since this is an illegal wiretap (at least). I would get a copy of the report once that becomes available (maybe in a week) and then file a complaint with the complaints dept of the electricians (ConEd?). You would also need to submit any documentation of the work they did and when, to demonstrate that they were in your apartment and where they were working.Answer #2: Your friend needs to call the police. What charges the police and prosecutor may pursue (if at all, absent evidence of who placed them) are not something we can know for sure.


Title: Rental lease for 1 year and 6 months in they try to increase rent

Question:
Last year (fall 2018) we signed a lease renewal for 1 year with a set price for rent. Lots of paper and signatures. Lease started this year(01/01/2019). Today I just got a note saying they noticed our rent compared to others and want to increase our rent in June of this year and make it month to month. How can they do this? Also I live in California.

Also another thing was mid January they fired the landlord lady and got a new one. New landlord asked us for a copy of our lease (apparently they lost it). Well luckily we have copies so gave them the copies and said we are good to go as normal per the lease and everything has been fine up til today when we got that note. Haven't had time to talk to her today but was wondering if this is normal or can they do this?
Topic:
Landlord Tenant Housing

Answer:
 Unless your lease allows them to alter it, they can't.  Tell them that they have to abide by the terms of the lease, and provide them another copy of the lease.

That said, you can expect them not to renew your lease.


Title: What are my options? (BC, Canada)

Question:
Throwaway. This is not a post asking relationship advice. I already know it’s a mess.
I just want to know what would happen for me if I filed for divorce.

So, my husband and I have a deteriorating relationship for several years. I have a 4 year old. My husband is not Canadian (PR) but we live in BC. We own a business that I do all the paperwork and most of the bills. Money from said business goes into a joint account. But I mainly use a personal Visa card for business purchases. My husband has fierce control over business account and won’t really acknowledge I have bills from our business to pay. Sees it as all profit with little expense. I’m about $19000 in debt in personal accounts for this (purchasing business and two years running business and family expenses).

Ok, that’s just ONE thing. I don’t know if we are getting a divorce but I can describe my marriage as TOXIC. My relationship is like walking on eggshells. I can do any infraction by my husband standards and he will spend the entire day or several hours telling me how evil I am, how shit iq I am, how my family is full of idiots and really I should go out on the street where I belong. This is only scratching the surface. I’ve tried to leave with my daughter but I come back because hey! I’m super conditioned and I am so in neck deep. Business together, debt, child who loves her dad but cannot figure out ‘daddy HATES mommy’. He’s told her. I’ve told her. She knows he hates me.
He made me sign a piece of paper that says if things fall apart he gets our daughter. He also is making business decisions without me about me. The business is a partnership. He is so angry all the time. We own a small restaurant. I serve. He cooks. I will write down things like (such and such order no onions) but he may put onions on it and yells at me for the rest of the shift in front of ordering customers of my stupidity and shittyness that I didn’t warn him vocally again about the onions. Then he will ALWAYS say something like ‘I’m shutting down the kitchen.’ Then I have to tell customers everything is closed and apologize that’s it’s all my fault. Then I am blamed for ruining the business. Then after they leave or I take the brunt, he might open again. It’s like mental torture for nothing.
Now we own this business but I took a side job to help pay my bills but the bills are only mounting. I can’t get a handle on it.  I just have this idea if I attempt to leave, he gets away with everything. He’s always trying to kick me out of a joint apartment. Says I can prove to him out in the real world that I’m not a failure. But I am, he insists and promises me I’ll be homeless and alone like I should.

I’m also super scared if he discovers my debt or that I don’t have as much money saved as I should. I buy all the groceries, his beer, his treats like shaved prosciutto. Since the birth of my daughter, I have gotten no gifts or thank you s. Not even a soda from the corner store. I try to do everything for him but He is always angry. If I don’t have fully cooked meals out for every meal while have to work for our business, my second job, being a mom, I’m a failure. I also do all cleaning, laundry, all family errands like shopping.

He says I’m the worst mother. I started going to therapy behind my family’s back. I don’t think I have depression but am certainly feeling recently that suicide would solve A LOT of my problems.

What are my options if I file for divorce???

I want to keep my daughter and go home to the east coast of Canada. He’s basically said I can go, but the daughter stays and he may take her back to Japan because I am not capable. She is Canadian/Japanese.

Back Home has so much family support. Here I have no family.

Our business. What happens? It’s probably worth $40,000. He said he would take it and that I was ‘fired’. He would find a better business partner. As well as saying he can find a better wife who will support him. I do ALL the paperwork for business and family.

Our apartment? Can he just legally  kick me out with no where to go? I went to a woman shelter once but there were so many drug addicts. I just can’t go again. I was thinking about loading my van and go home to NL. I just have no money as hubby controls finances and I want to take daughter. I hade squirrelled some away but I had bills...

Am I absolutely screwed?
Topic:
Canada

Answer:
 Please call your province’s domestic violence hotline to talk about your situation. It sounds like financial abuse, and controlling behaviours by him.

Just remember: don’t take legal advice from your opponent. I don’t know any further about Canadian laws, so best of luck. Answer #2: No, you're not screwed at all.  Getting out would probably the best thing you can do.

I don't know BC law, but typically there is no such thing as individual debt in a marriage.  The business and the debts are as much yours as his. Divorce means splitting up everything.

Child custody may be an issue, but if you can document his abusive behavior (witnesses?) then you will have a stronger case

There are organizations that help spouses escape abusive marriages.  Find one, use them to develop an escape plan, then stick to it.  You do not deserve this and you need to stick up for yourself and your child


Title: Got text from Local PD. What should I expect?

Question:
Was a horny idiot, and ended up texting and calling escort numbers online. Had no intention of actually going to meet anyone, but I'm pretty sure there was a discussion of prices on at least some of those text threads. As far as I can remember, no discussion of sex / sexual acts was made.  Got a text a couple of days ago from a private number. The text contained an image, a message, and a link.

Image - Logo of local sheriff's office and a message that "Solicitation is a crime. Details of this incident will be reviewed and you may be contacted by LE"

Message: A message from the Sheriff's office: You can get support at...<there was a link to a website called buyer-beware>

Needless to say, I have lost any appetite of visiting an escort site, ever, in the future. However, I wanted to know what can happen next as far as this incident goes (based on the press coverage of solicitation stings, I am assuming this is a legitimate text).

1) Can I expect to be contacted by the cops based on this deterrence text sent to me?

2) What should I do in case I get contacted?

3) From a practical perspective, any chance the cops will pursue a text to an escort / escort sting.

Answer:
 This is very likely a scam, and not actual law enforcement action.  Ignore until or unless the police contact you directly.Answer #2: Almost certainly a scam.

Stay tuned for the followup text that threatens prosecution or property forfeiture unless you pay money.


Title: [KS] My wife kind of a whore, and I'm considering a divorce. Some questions.

Question:
Howdy folks! I'm clearly using an alt-account for personal reasons. I know there are a lot of resources out there, but legal speak gets complex and this seems like the kind of community that can provide sound advice. Anecdotally, I was also somewhat surprised to not find a megathread on this topic, given that it eventually affects nearly half of the US population.

A couple of things going forward.

1.) I'm not interested in speaking directly to a lawyer at this time. I genuinely hope that our issues can be resolved, and contacting a divorce lawyer has a sense of finality to it.

2.) I'm a little drunk. Google's device manager / Timeline has provided me enough information to operate with certainty of the situation. The 9:00 AM booze helps me avoid texting snide comments while she is at the third party's residence.

3.) I'm going to avoid relational specifics given that this is not a relationship sub. I may seek one of those soon.

4.) 'mywifeisawhore' wasn't an available username.

5.) This sucks.

--
**About us:**
--
We are both 27 years old. We've been married almost two years. Approximately six months before getting married, we purchased a home using a disproportionate amount of my wealth to do so. At this time I also invested a significant amount of my wealth to pay off her student loans. In addition to the house, we have a shared vehicle loan. We both have full time employment. I have a personal income of ~$70,000 a year (pre-tax, pre-bonus) and she has an income of ~$30,000 a year (pre-tax, pre-bonus). For a majority of the marriage, the income distribution was even more lopsided, with her working part-time and earning only ~$10,000 a year. In addition, we have no children.

**Specific questions:**
--
1.) What non-financial factors are admissible in determining finance distribution during divorce proceedings? In particular what is the value of proving adultery as the cause of separation? What is the burden of proof for making such a claim? Is evidence acquired through using another party's email login usable?

2.) Are retirement accounts subject to distribution?

3.) I have a mutual fund that was established prior to marriage. My understanding is that the principle value of that account at time of the marriage would be mine alone, but any interest gained through the course of the marriage would be subject to equitable distribution. Is that mostly correct?

4.) We have a somewhat unique financial debt associated with our mortgage. My parents gifted us ~$50,000 to help with the down payment of the home. They had us sign a (presumably) non-binding legal agreement that asserts that in the case of separation or other inadvertent sale of the property, they are entitled to that $50,000 investment. The question then, is what weight does this actually hold in court? Does the fact that it was provided prior to marriage change weight?

5.) What should I actually expect in dealing with a lawyer? In terms of cost? How much of said cost can be mitigated through civil discourse between the two parties? I am fairly certain that if a divorce were to occur, familial factors combined with a desire not to share the details of why the separation occurred would put me in a strong bargaining position for a settlement.

**Closing thoughts:**
--
I'm about two drinks deeper then when I started writing this. If I started to ramble, I apologize. I might proofread after a nap. If you know any single ladies hit me up!

**EDIT**
--
Some grammar fixes and provided additional information about child status (none).

Answer:
 No one cares about your drinking or the disgusting way in which you address your wife, get a divorce so you don't annoy people in real life with the same absurdist chose misery. Your title should be a reflection of your situation, not personality. Get a divorce or don't.

Most of your questions are so specific that I hesitate to answer them. I can tell you that Kansas recognizes fault and no fault. While a fault divorce might mean that you pay less in support, fault divorces are nasty and gross and hostile and long so be prepared. Also be prepared to have stuff like you calling her a whore brought up during such proceedings. Yes, she cheats, that'll be considered. You use pejoratives to describe her publicly, that might too. Think about the choices you're making. Your drinking might get noted too. It sounds like you guys have mutual issues and you need to think long and hard about how much fault they are going to find you bear as well.

All that said, get the divorce, fault or no fault. You're miserable and chances are she is too. She's fooling around, you're drinking to cope, its a wreck and you two need to be alone *then* find more suitable companionship.


Title: Gym transferred my membership and credit card information to a different unaffiliated gym.

Question:
Let me start by saying I don’t think this warrants legal action yet, but I want to know what my rights are before discussing this with the managers/owners of these gyms.

For the past 3 or so years I have belonged to a small regional gym. This gym owns about 6 locations and offers two membership tiers, one which allows access to only your ‘home’ gym and one which allows access to any of their locations. I use the membership which allows me to use any of the [regional] gyms, and haven’t been to my ‘home’ gym in quite some time, as it was one of the smallest locations and not particularly close to where I live now. In mid November I realized that my gym payment, which is normally charged the first of the month, no longer was listed as [regional gym] but instead was listed as [national chain]. I thought perhaps the [regional gym] was acquired in a merger. I checked my account online and my gym website said I was a member in good standing.  It wasn’t until a few weeks later when I went to use my membership for the first time this winter when the truth came out. My home location closed down literally overnight in October. The other gym locations are still open, although two more have recently closed in the last few weeks. Instead of just transferring my home location to another one of their facilities or cancelling my membership, the owner decided to offer the membership contracts to the [national gym] which was opening in the same town. They have apparently done this at one other recently closed location, while the second location transferred their members to a new home gym with the same regional company. What I would like to know is what they did legal? I did not consent to join this other gym. I never signed any paperwork and I was never informed by either the regional or the national gym that this was taking place. In the past when I missed one gym payment I have been contacted aggressively through email, mail and phone almost immediately, so they have all my contact information. Also, the new national gym was given all my billing and personal data which I am not thrilled about either. I have been billed twice by this new gym, and while I have now cancelled this membership, I want to know if I can recoup the last two months I paid (including this December?). Also, do I have any recourse to request a refund of the annual fee that I paid in October to my old gym? I’m not sure if the annual fee applies to the previous year, or is paid for the upcoming year. I am hoping to talk to the manager of the national gym tomorrow about getting my money back, but if they refuse I want to know if I can all my credit company and request a charge back.

Answer: So those payments are on your credit card and you did not authorize them? Simply call your credit card company and dispute the charges.


Title: Can you insult someone in your will?

Question: When I die can I write nasty comments in my will that the lawyer has to read to those concerned?

Answer: It is not like the movies where an attorney gathers everyone together then reads the will to them. Answer #2: You are thinking about TV, where someone gathers the family and then "reads" the contents of the will to them...and to my aunt Edna I leave...tada.  Wills are not some sacred document that only an attorney can actually see.  The executor of the will likely simply give a copy of the will to anyone who has any reason to want to see what is written in it.


Title: Ex Wife Sold House Awarded To Me In Divorce!

Question:
I'm in Indiana. Part of mediation agreement was that ex-wife keeps rental property in Arkansas until July 2019 at which point she is required to Quick Claim to me. Just found out, she sold the house.
Has she committed a crime?
What can I do to get the house back?

Answer:
 Your lawyer didn't put a lien on the home? Either way you need to talk to your lawyer or maybe a new one after dropping that ballAnswer #2: Does your wife also live in Arkansas, in Indiana, or is she also relocating to [Costa Rica](https://www.reddit.com/r/survivinginfidelity/comments/4josbj/i_slayed_the_slut/)?Answer #3: >Part of mediation agreement was that ex-wife keeps rental property in Arkansas until July 2019 at which point she is required to Quick Claim to me.

Close.

https://en.wikipedia.org/wiki/Quitclaim_deed


Title: I injured my eye due to neighbor blasting music

Question:
I have a neighbor who, for the last few years, has been blasting music with the bass turned all the way up whenever he gets in his truck. And it's not like when he leaves for the day and then returns home in the evening. It's almost on an hourly basis. He leaves, comes back, leaves, comes back.

I tried talking to him, but it hasn't worked. I've talked to other neighbors and tried start a petition, but although they say that it bothers them as well, they don't want to get involved or "get into trouble"

Police are no help because by the time they arrive, no music is playing and they just say if it happens again, call again. But that becomes an endless loop.

Which brings me to today. I was feeding my dogs near the kitchen door leading to the garage. I use a piece of cardboard about waist high as a barrier so the dogs don't go in the garage and i can keep the door open. While bending over, the neighbor blasts his music which startles me and go eye first into the corner of the cardboard. Luckily, it's cardboard and not sharp, but a piece of cardboard fiber or something is in my eye and it hurts and it's freaking annoying.

It says to leave location, so it's Texas. San Antonio, to be specific.

Answer:
 You have no damages, and even if you did, "you hurt your eye" isn't a foreseeable consequence of playing loud music.

Continue filing noise complaints.Answer #2: Instead of going to an ER or urgent care to get this removed you post to reddit? Answer #3: No, you injured your eye due to holding cardboard close to your eye. You can file police reports for the noise complaints, but you aren't going to get anywhere with the "But my eye hurts" point.


Title: can I sue my university for no wanting to give me my transcripts because of a frivolous pending balance?

Question:
so according to them I owe them 5 thousand dollars because my student loan for last semester was revoked. But my I still owe my student loans and I showed them so it wasn't been revoked. Since I already paid for my tuition I won't double pay.

That said I have 5 classes left and now I can't take any classes with them or get my transcripts because of this balance. Can I get a lawyer to ask for my transcripts?

Answer: Nope. You need to solve the problem. They show a balance. Until that is solved they do not have to give you anything. So get your loan records together and sit down with someone in the finance department and figure it out


Title: Apartment uses electric heat, monthly bill $400 due to faulty windows and doors

Question:
Canada - BC. Since moving into a new apartment, my heating bills are ridiculous due to the windows and
 doors being old and not updated with the renovations. Land lord is procrastinating coming in to "take a look". Meanwhile I'm still racking up another 400$ bill to heat my freezing home. It is almost un liveable during the winter. Isnt it the responsibility of
 the LL to correct this issue or pay a
 portion of the bill until it is resolved?

Answer:
 There's plastic film you can buy to put over your windows.  It prevents drafts and, while not aesthetically pleasing, should at least take a bite out of the bill.Answer #2: You seem to be contradicting yourself. You say in the headline the windows and doors are faulty. Yet in the post you say "windows and doors being old and not updated."

Unless there is a law/rule there I have never heard of a owner/landlord having to update a home to current code every time it changes. So if the doors/windows meet code and are just old then I don't think they have to do anything.

I lived in a apartment that had single pane windows. At the time it was built that was code so its still ok. I did get the window wrap and add a extra clear plastic layer so that helped with the windows.


Title: Housemate won't stop lighting candles that cause strong allergic reactions (and are against apartment policy)-- ON, CANADA

Question:
Hi all,

First off - located in Canada (Ontario)

I live in an apartment/condo, it's a student rental. 4 of us live there together.  One housemate continually lights candles and uses awful plug-in scents -- they cause my throat to swell tight, my heart to race, and make it difficult to breathe. I carry an Epi-Pen for unknown airborne allergens (and some food allergens).

Although this candle stuff has not caused a full on anaphylactic attack, my allergic responses keep getting more intense - they come on faster, respond to incredibly small amounts of stimuli, are more intense, and last longer.

Sometimes, said housemate merely lights the candle in her room - and although i'm in my own room with the vent closed, door shut, and the window open, within minutes I run out of the room to bang on her door because my throat is swelling in rapidly. The candle "scent" has not even filled her room yet, but this volatile chemical spreads rapidly.

Here's what I've done:

1 - explained to her why the candles (and plug-ins, to a lesser extent) are a severe health hazard to me and to please never light them again. Not just "while i'm away", just don't ever light them again, because the build-up of those volatile compounds is still a health concern for me. She agreed, multiple times, in person an over fb messenger.

2 -I've spoken with the head staff at the front desk, who informed me that all he could do was email the housemate saying that candles are against the policy we signed. I opted to tell the housemate myself that candles were against code, and to please stop lighting them (even if i get the staff to email her, she's a volatile person herself, and I have to think about the long-term repercussions of living with her for another term until this lease is done.) Again, she agreed to stop.

3 - I offered the housemate an alternative - Scentsy cubes. She agreed to use those instead. She already had some on hand, but doesn't seem to want to use them.

problem: she continues to light the candles, but i have no proof other than my allergic responses because she stopped admitting to it. Sometimes I can see a "flame-shaped light" in the gap between her bedroom window curtain and the wall, which mysteriously turns off if I ask her about candles being on. (NOTE: Her bedroom has windows facing in to the common room, since she has no exterior wall and light is provided via the common room windows. This means I just stand in the kitchen and can see this mystery light.)

second problem: she is a pathological liar. About almost everything. We all get different stories on things, and even when we've seen her do something, she'll deny it. So when I ask her "did you light any candles or turn on any plug-ins? My throat is closing up" -- she will always answer no, whether true or not.

**Where I need your help:** if I threaten to report her, what do I need in case I have to follow through?
 What do i need to be afraid of, too? (repercussions?)
I don't feel safe in this apartment. Is it possible to end my lease early, if things don't stop with this housemate?
It's difficult to collect "evidence" of her lighting candles in her room if I don't have access to her room.
I just don't even know where to begin with this mess.

I apologize if this is the wrong subreddit.
Thank you in advance -- school is stressful enough, I don't need the constant threat of anaphylaxis on top of it

Answer:
 Your allergic reactions are your problem. Harsh as that is. Her agreement is with the landlord, and unless that says she can't use scented candles or plug-in scents, you're SOL. Find another place to live, effectively.

If candles (and other naked flames) are against apartment policy, you can certainly raise it with management. That won't stop her from using plug in scent things though. Also that's not something you can enforce. If management decides to just email her, that would be it.


Title: Can I report her for child pornography?

Question:
Let me just tell you now, I am a 15 year old girl and I live in Chicago Illinois.

Okay, so I accidentally went to sleep without a shirt on, and my older sister (who is 19) took a picture of me and sent it to my mom. Since she took it without my consent and sent it out, isn't that still illegal? Especially since I am a minor...

It doesn't matter if she was my sister or not and if the person she sent it to was my mother or not, right? Isn't that still against the law? My nipples were showing, isn't that sexually explicit?

Answer:
 Under federal law the *[Dost](http://scholarship.shu.edu/cgi/viewcontent.cgi?article=1132&context=student_scholarship)* factors require a "lewd or lascivious exhibition of the genitals". Female breasts are not considered genitals under the federal statute. Some state laws are more restrictive. (*Edit: Illinois does include the female breast in their child pornography statute (ILCS 5/11-20.1), but requires that the depiction of the breast to be be "lewd"; and a sleeping figure is extremely doubtful to qualify as such*).

In addition, even if there is nudity; it's not automatically child pornography. There is a six part test in determining if an image is CP, including the focal point of the image, if it's in a sexualized position or location , the level of nudity, etc. The fact that it's on a bed is about the only factor which weighs against this.


Title: Fired as Independent Contractor

Question: Today I showed up to the office and found I couldn't access my email or any of my files. Boss comes in around 1:00 and tells me I'm fired because he doesn't like my attitude. I'm contractor but we had no written contract. My concern is that he has all of my projects and intellectual property in those accounts. He is going to be using them on the projects. He's been paying me by the number of hours worked, not by project. I feel that him firing me and then continuing to use my artwork in his projects is unethical and maybe illegal, what can I do? Located in Suwanee Georgia.

Answer: IANAL, but you have to read your contract. Did you use a work computer, owned by the company? If so anything done on there can belong to him due to your contract.


Title: Trying to leave rental home that has rat infestation. Landlord is threatening to keep security deposit unless we agree to terms we deem unfair. Is he retaliating/extorting?

Question:
Austin, TX. We've been living in a rental home that has had an apparent rat infestation in the walls and ceilings since day one. Unfortunately we didn't notice it until after moving in. More recently, we've spotted a couple rats in our actual living spaces. 5 months and at least 15 exterminator visits in, the problem has only gotten worse.

We consider this an unsafe and unhealthy living space. Correct me if I'm wrong, but from what we read and understand, given that the landlord has failed to remedy the situation after 5 months of trying, we have the right to either withhold rent or end the lease.

The landlord recently agreed to end the lease if we give 30 days notice. We agreed and gave our notice. But now he is saying that he won't prorate the last month, which in this case results in 23 extra days of rent payment. He threatened to keep the security deposit (worth a full month's rent) if we didn't give notice, and we assume he will threaten the same if we don't pay the extra 23 days. Is this retaliation? Is this extortion?

Answer:
 A landlord is under no obligation to bifurcate a rental period.

If you’re ending the lease for cause, do that. If you’re negotiating an end to the lease (wise if it’s possible) do that. Landlord isn’t extorting. He’s negotiating. Come to terms you can live with or notify him of his breach and when you’re ending the lease.


Title: Moving to the states. Preparation?

Question:
I am currently a second year Computer science student, living in Denmark.

My plan is to move with  either a BS or MS in Computer science. Haven't yet decided.

When i move, i imagine i will work for a year or two saving up, so i can start my own company.

So, what some things i should keep in mind before i move. Things i have to do in order to be able to work and start a company in the future. I am not looking to become a US citizen, i just need to be able to work and live in the US.

I am moving to San Francisco.

Thanks!

Answer: The number one thing is you need to get a work visa sorted out. It isn't as easy as you may imagine. It definitely isn't a non-event like (I assume) moving between EU countries.


Title: MA Forced to join HOA in order to receive mail

Question:
Massachusetts. Any postal law experts here? I had my home built last year. This is a new development. When we're toured the land, the builder told us that we could not have a mailbox since it's a new development. They would erect a cluster box. They also told us that phase 2 of the development would have a Homeowner's Association and since they would have an HOA (we are phase 1), they would have mailboxes on their property instead of a cluster box

Fast forward to today. The developer built the cluster box and decided that everyone in the development would be in the cluster box. (Phase 1,2,3 etc.)

They also said that if we, phase 1, want access to the cluster box, we would need to join the HOA.

I have no desire to be extorted into joining an HOA.

I spoke with the postmaster. She wasn't overly concerned about it because "someone has to remove the snow from the box!"

Anyone have experience with this? I focused on criminal law in law school....I should have taken that course on postal law!

Answer:
 There is a near certainty that you were lied to upfront.  If you look at the planning documents it probably required that phase one people join the HOA also.

Answer #2: Do you have a street address, that you use to refer emergency services to your location? You could use that for your mail.
Many courier services, like FedEx and UPS, will only deliver to street addresses and not to PO boxes.
Or you could get a PO box
How is the cluster box set up? Does it reference house numbers?
Try sending mail to yourself, addressed to the cluster box and see what they do.Answer #3: Why can't you just stick one on your house


Title: Moving Company tried to bait and switch and now wont give back deposit after cancellation. [SC]

Question:
Yikes... it has been such a disaster. I'm just curious as to how I should proceed. First off [SC] resident. Company is out of Dallas Texas.

I received several quotes for a cross country move. Ultimately a silver tongued salesman made a great offer with certain stipulations that made them more attractive. Namely: Lower Price than competitors, would do all unloading and loading, and said he would have to have the shipment to me in 21 days by law.

I paid the deposit which was $1700. At this point communication almost stopped. They quit responding to my emails, and I couldn't reach the representative to ask the few questions that I needed answered. A few days before they routed the truck to pick up my load, I got email stating it would be 30 days and no longer 21. They also stated they would not be assisting in the unloading of the trucks and would just have to drop off a trailer for me to unload myself.

After digging and finding some other complaints against them of similar nature I decided to cancel this move with the company and notified them. They said the truck was already in transit to another location before mine was to be picked up and the deposit was non-refundable. The contract that I signed says "An estimate/order may not be canceled and deposits are not refundable after the mover has begun the physical moving services, including but not limited to: packing, loading, storage, transportation to and from the pick-up or delivery address, etc. Moving services may not begin until the contract for service (Bill of Lading) is signed by the customer authorizing the mover to begin service"

I was never specifically issued a bill of lading to sign.  I only signed an estimate (which has since been updated) with their terms and conditions. I have a recorded phone call from their dispatch saying that are at another location and are not headed to my location yet. Since they are not headed to my pickup location, shouldn't I be entitled to my deposit? I'd really appreciate any advice.
Topic:
Contracts

Answer:
 I would suggest sending a certified letter spelling out everything you just wrote and threatening legal action in 30 days if they don't comply, declaring it was THEY who breached the contract.

Then bring them to small claims on day 31.


Title: I [17F] am in a predicament, to say the least. My father owns and controls all of my life and I’d like to know my options moving forward.

Question:
I’ve never submitted or posted anything like this in my entire life, so the patience and support is deeply appreciated and it means the world to me.

To make a very long story short, I am a 17 year old female from Washington State. I have a younger sibling. My parents are split. My dad has full custody of me and has control and ownership of every part of my life. They have split custody of my sibling. Last night I felt my life was threatened by him. He has been physical with me in the past. I left to stay with my mom, and he keeps showing up at her home to try to force my younger sibling to come with him. She should be with him, if we’re going by the custody plan. I’m currently on my way to the courthouse to figure out if we can get an ex parte (not sure if I’m using that correctly in this sentence) as my sister feels unsafe with him. My question is if there is any legal advice or if anyone has any input about my options about my belongings.

My dad is an extremely tall and physically intimidating man. I am an average/small sized female. I have PTSD from abuse and assault I experienced as a child. My car’s title is in his name. My education is funded by him. My phone is on his plan and paid for by him. All of my personal items are in his home. He told me and my mother he has intentions of destroying/damaging/discarding all of my things. I don’t know what to do. My dad works a government job (leaving out that info so he’s not identifiable) and if his superiors were contacted about the altercation last night there is a very strong chance he would be fired.

I saw my personal counselor today and we discussed a few things like filing a police report or contacting CPS. I just don’t know what to do and I’m completely lost. Any help is deeply appreciated. Am I screwed, for a lack of better word, because I am a minor and my things are in his name or do I have any legal options?

Answer: You're going to have to let the car and phone go.


Title: [Update #2] We were in an accident yesterday. Wife's car is totaled. Woke up this morning with major neck, chest, side, and back pain.. Wife woke up with chest pain, neck pain, and massive bruises on her legs. Where do we go from here (other than the hospital?)

Question: [deleted]

Answer:
 Do you not have full coverage on your insurance? If you did, your insurance should be compensating you and forcing State Farm to pay them back. Answer #2: Honestly, you're best bet is to see a personal injury lawyer.

From your previous posts, it seems that you had some injuries and now with your difficulty dealing with the other driver's insurance company, you will almost certainly benefit from the professional experience of someone who deals with insurance companies every single day.Answer #3: From personal experience, Do Not Deal with State Farm yourself -- they are the insurance company for the other party. They are not operating in *your* interest, they're operating in the interest of the person they insure. Let your insurance company fight it out with them, or hire an attorney.

I've been in an accident where I and the other party were both insured by State Farm and I wound up actually being harassed and verbally abused by the other party's agent. Ditto for an accident where my mother was hit TWICE from behind by two different people insured with State Farm. If they're working FOR you, they're great, if they're representing the other person, they can be total assholes. Don't fight them alone.


Title: (Texas) Former boss says I owe money.

Question:
I recently left a large, nationwide company.  I was a salesperson (IC) there and part of my 'dues' were a monthly advertising fee.  The fee is billed to the franchise, and my boss would bill each of the salespeople for a portion of it.

My boss is "billing" me for my last month's fees.  I put that in quotes because in the entire time that I worked there, I never received an actual bill.  When I worked there, I would get a slip of paper in my mailbox once a month saying I owed $X (varies).

I don't if this is relevant or not, but I don't think I ever actually paid the fee (meaning I never wrote a check to my boss for it).  My boss would take it out of my check when I was paid.  I never received a receipt showing that any of the monthly fees were paid.

On my last day, my boss verbally told me that I owed $Y and wanted me to write him a check for it.  I don't carry my checkbook, so I told him I would mail him a check and promptly forgot about it.

Just to be clear, this is a very small amount of money.  Less than $20.

He just emailed me threatening to take me to court over it if I don't pay it.  In his email he attached the independent contractor agreement (signed by me) and the paragraph where I agreed to pay the monthly fee.

Here is the paragraph:
"If our National Advertising Fund monthly bill does not amount to the minimum amount *Company* charges, each agent will pay an equal amount which will be the difference between 2% of the months adjusted gross commission and the minimum that *Company* charges.  If the amount in any month exceeds $Z, the agent will pay an equal amount of the excess over $Z."

I asked for clarification of the paragraph, since I couldn't understand it and my boss said (via email) that he pays a certain amount each month and the rest is split between the salespeople.  Should I ask my boss for a breakdown of the bill?

I want to just write him a check just to be done with it.  But I am angry at the fact that he is already threatening to take me to court in such a short amount of time (it's been less than a month since I left) and for such a small amount.

What do you say, /r/legaladvice?  Do I need to pay this?  *Should* I pay it just to be done with it?

On another note, as an independent contractor, can I deduct this fee when I file my taxes?

Answer:
 Just pay it to make him go away, $20 is seriously not anything to burn bridges over.Answer #2: Just pay it. It's not worth your time to fight them on this, and you don't want to ruin all good ties with your former employer over it.Answer #3: Honestly, just pay it. $20 is much cheaper than court costs. Make Sure you get a RECEIPT.Answer #4: Since you were an independent contractor and not an employee, you have no employee protections that would apply here.

Yes, you can claim this on your taxes if you itemize; by itself it won't beat out the standard deduction.

Pay the $20 and move on with your life.


Title: Builder cut tree root on property - Dying tree (NC)

Question:
The builder of the house cut a large root of a tree on the border our house/neighbors yard. The tree has some obvious signs of decay, and may be in the process of dying. We have a 1 year warranty with the builder.
Is this something that the builder should take care of? Do we have any recourse?

Image of said tree: http://imgur.com/jrSu3Br

Thanks!

Answer:
 First step is to have an arborist come out and figure out what's going on with the tree, and determine the cause of it being sick/dying.

If it's determined that the root being cut is the cause, then I think you would have to to back to the builder.  If the builder has a general liability policy (they definitely should) this is something that should be covered by their insurance, and that's a good thing for you because it's much easier to get money from an insurance company than it is from a construction business.  So you'd either have to file an insurance claim against the builder's policy, or sue the builder who will then get his/her insurance company involved.


Title: Good Morning America posted my video without crediting me

Question:
I was contacted by someone who works at gma who wanted to use my video that went viral

“Hi! I work with ABC News in NY. We are looking to get your permission to share your video on our show @strahanandsara today. If you give us permission, how should we credit your video? “

I said yes and to put my name. They aired and put someone else’s name.

Answer: Next time ask for payment. These shows have what's the equivalent to petty cash to pay out to people for viral videos. Your name on the video doesn't mean muchAnswer #2: What did they say when you contacted them to correct their mistake?


Title: My dad stole $700

Question:
Edit: I live in Florida, my bank is in Alabama, and my dad is in Alabama.

When I was 18(I'm 24 as of today) I opened a bank account with my dad's help and apparently it was a joint account. He has never made purchases with the account and he hasn't accessed the account in over a year. He only contributed money a handful of times throughout the years to the account. We got into an argument because he made threats to my wife and then moved the money to his account. All of the money earned was by me and I have proof of that. Do I have enough legal claim to sue him in small claims court?

Answer:
 You can sue him, but the fact it's a joint account will come into question, and the Judge may or may not find in your favor.Answer #2: If it's not clear already, close the account and in the process, gather whatever evidence the bank will provide about the who/where/when of the money transfer.  Open a new account without your dad.  Go ahead and get a complete record of transactions, just for fun.  Possibly your bank's online banking lets you do this.

Think hard on whatever else might be in his name: car, loans, savings/checking accounts, investment accounts.  Cut him out.


Title: [WA] what am I obligated to do when moving out of my apartment as one of several roommates

Question:
I know the basics, thirty day notice to the landlord and probably signing paperwork (I'm on an mtm lease). But past that, what are my obligations to my roommates/LL? My roommates flatly refuse to clean anything and I'm handicapped, so it's just falling more and more behind. Like, they won't even take out their trash or wipe down countertops. They use my coffee maker and leave grinds in it, they take my stuff out of cabinets and use it without permission, I have to hound them for days to write rent checks, all that shit and so much more like one of them being verbally abusive to me and shaming me for being handicapped.

So, I'm leaving. I'm sick to fucking death of it and I'm finding a few place with some mutual friends in a few months because I'm exhausted at being abused. I don't want to take literally anything outside of my bedroom with me when I move, and I didn't consent to them dragging in a bunch of big fucking tvs and couches and other junk furniture, but they're exactly the type of people to threaten and scream "it's your responsibility since your leaving" at me.

Ideally I want to leave, clean only my bedroom and take or clean exactly nothing else. I'm tired of living in a place where only my bedroom is clean because they refuse to not live in squalor.

Answer: Get ahold of your landlord and explain to situation. Make sure he is aware what they might possibly do, and ask him what you need to do on your part so you are not held responsible for their stuff. Get times, date, person talked to, maybe even a signed agreement from landlord about what you had talked about


Title: Ex was on board with my adoption of his daughter. I am her primary caregiver. Now he is threatening to take her from me.

Question:
My ex (as of 2 months ago) and I have been raising his now almost 9 year old daughter together for the past almost 4 years. He is her bio/legal father. Her bio mom willingly gave her rights up 5 years ago so is not in the picture.
I started the adoption process this past Spring while her father and I were still together.
He and I split up at the beginning of the summer and my step daughter stayed with me in my home. I have been her primary caregiver.
He has assured me multiple times since we split up that he still very much wants me to continue the adoption. He and I both recently signed and had notarized the last of the required paperwork.

As of last night he is threatening to come take her away from me. He is angry with me and is using my stepdaughter as a pawn to try and hurt me.

I want to know how likely it is for me to win custody of her if things get serious and he does come and take her.

Right now he works a commission only job and is struggling to pay his bills. He has no vehicle to get her to and from places. He rents a bedroom at a rundown apartment next to our local strip club. Basically he can not provide for her at this point in time and she would be better off staying in my home where we have lived for over a year. She has her own room, starts 3rd grade on Wednesday, and is happy, healthy, and safe.

Answer:
 >  Her bio mom willingly gave her rights up 5 years ago so is not in the picture.

Does this mean you finished the adoption process with her? Otherwise, "giving up rights" is not really a thing. If you have formally adopted her, you have the same parental rights as the bio-dad. If not, then you don't.

Your first step would be to retain a local family attorney to advise you.Answer #2: The odds that he will actually stop the adoption, and forgo the child support, are low.  Even if he did go crazy, you have a strong argument that you have been acting As a defacto parent, and Massachusetts favors retaining the rights of step-parents to visitation after divorce.Answer #3: What has your adoption and/or divorce lawyer said about this situation?


Title: [Colorado] Landlord allowed tenant to transfer lease without my knowledge, new tenants did not pay their rent

Question:
I have been living in a house with 4 people on the lease, joint & severally liable. One of the roommates transferred her lease to another woman, and another one of my roommates signed off on it. However, myself and the fourth roommate on the lease were not notified. I didn't even know until the new tenant showed up one day with her creepy shoe pilfering boyfriend in tow. Now the new tenant and her boyfriend have failed to pay rent and the landlord is threatening eviction/credit score ruination.  Do I have any recourse because I didn't even know about the lease transfer between the old tenant and the new tenant and was not given a chance to approve it, or does the fact that one roommate signed off on it mean that they gave enough notice?

Also, the building has a balcony that is rotting and derelict and appears to be structurally unsound, is this a code violation on their part?

Answer:
 Not a lawyer, and I fully expect to be corrected.

First things first, does your lease say anything about swapping out people on the lease? If it does, that's your answer.

Assuming it says nothing, are you on a joint lease or separate ones? If you're on separate leases, that makes this simple. The landlord can rent it out without your say. However, the landlord can only go after the new roommate for rent.

If you're on a joint lease, that complicates things. It is my understanding that all parties have to agree to any alterations to a contract, so your old roommate would not be able to just replace themselves without agreement. I'm not sure how this would affect their ability to sublet their share of the apartment. In any case, your landlord needs to be paid rent in full. As a member of the joint lease, you can be held solely responsible for it. You would then have to sue the old roommate (I'd throw in the new roommate and let the courts decide who is liable) for their share of the rent.


Title: [TX] Real estate company refuses to refund earnest money

Question:
A couple months ago we looked into purchasing a condo in the Austin area, and found a couple places that we considered worth buying. We settled on a place near downtown, and got the mortgage process started, along with the rest of the process. Of course, as part of that process, all parties signed a sales agreement to be closed within 45 days. Chase had already cleared us through prequalification (and was underwriting the mortgage) without an issue and we promptly paid our earnest money.

Our first mistake was going with an agent from the same real estate company as our agent, while it seems like our second mistake was using a title company of their choosing as they insisted.

Chase took weeks after weeks asking us for additional documentation and clarification, while reassuring us that there were no issues at all. We negotiated some repair amendments in the meantime and we were told we would be sent an extension contract to sign - this was after Chase had already delayed it past the original 45 days. However this amendment extension was never given to us ever, and Chase eventually told us financing would be impossible. The reasoning given was that too many of the property's units were still under the company (something the company initially told us was not an issue), and that Chase felt we were just over their debt:income ratio.

By this time the original agreement had expired, while the company pushed us to apply with another lender that they said wouldn't have any issues. That turned into an adjustable-rate mortgage that we explicitly did not want and was above market interest. This was declined and we requested our earnest money back. The firm has repeatedly told us it would be the next day or business day or that they were in the process; this deteriorated to ignoring calls and emails.

***TLDR:*** Sales agreement expired with no extension after delays due to Chase bank and eventually led to us being turned down for financing. The company is giving us the runaround, and the unit has already been sold to another buy. What recourse do we have to get our earnest money back, if any? We would very much appreciate any help! We're out of ideas at this point so we're turning to r/realestate and r/legaladvice for help.
Topic:
Real Estate law

Answer: You did not close within the 45 days through no fault of the seller, and did not sign an extension to that 45 days. I don't see any way you're getting your earnest money back unless it specifically listed failure to secure financing as one of the conditions of a refund.


Title: How can this place legally have this sign?

Question:
I used to live near this business: https://i.imgur.com/qke4PCY.jpg

How is that sign not false advertising? Would they not be liable for a lawsuit if a customer did not lose the 20 pounds in a month that they explicitly guarantee? Or would they be able to avoid liability by saying something like "This person didn't follow their personalized diet plan of 31 days of starvation coupled with daily marathons."

Answer:
>Or would they be able to avoid liability by saying something like "This person didn't follow their personalized diet plan of 31 days of starvation coupled with daily marathons."

Probably something like this. The sign does not explain the full deal.

I remember a coworker who joined a gym that would refund a members first two months of payments (and it was an expensive gym) if they could lose X pounds or get to a certain body fat % by participating in a 2 month program. They were very certain they would beat the system and get the refund in spite of everyone telling him it probably wouldn't be doable. They failed and payed full price. You don't create programs like that for people to succeed.Answer #2: Would it really be false advertising if the detox weight loss plan involved consuming 20lbs of low cost herbs per month?


Title: If someone commits a crime in an embassy...

Question:
Totally hypothetical. Let's create a big international entanglement. Let's say an English citizen is visiting Italy. Their American spouse loses their passport, so they go to the American embassy to replace it. While there, an Italian citizen with business in the embassy gets a little rowdy and starts a fight with the Englishman. The Englishman shoves the Italian man into a sharp table causing a head injury. The man later dies in a hospital.

We know this would end up as a huge international news story once the press got wind of it, but who in this situation gets jurisdiction?

Answer:
 Italy. Embassies are part of the sovereign territory of the host country. They have certain immunities (the host country's government cannot enter without permission), but they tend to invite the local cops in if there was a crime committed to arrest the perpetrator (unless there are political or diplomatic reasons not to do so, like if the crime somehow serves the guest country's interests).

The US claims jurisdiction over offenses committed in its embassies, but only if the offenses were committed by or against an American.


Title: Commercial used footage and likeness without consent?

Question:
Hi, /r/legaladvice!

Recently, a juice company filmed a commercial at my place of work and did secret filming of people taste-testing their product.  After people were filmed, someone with the company approached the people filmed and asked them sign consent forms to use their footage in the commercial.  One of my dear friends was featured in the commercial but adamantly *did not give consent* to using the footage.  When she found out they were filming and wanting to make a commercial for a juice company she doesn't ethically support, she told them absolutely not, she didn't want to be representing them, etc etc.

Well, commercial comes out, and she's in it.  She's at the end and you hear her asking a question about the product which they then named the commercial after.  So, how illegal is this?  What can she do?  She doesn't want to be used in a commercial, she asked them not to use her, she never signed consent forms, and yet here she is, in a commercial, promoting a brand she doesn't like.  She's the sweetest girl and is hesitant to seek a lawyer if it isn't going to get her anywhere.  I'm meeting up with her later to help her figure out where to go from here.

Advice?  Thank you so much in advance!

**EDIT**: crap.  Forgot location.  This is the US, in Texas.

**EDIT 2**: removed possible identifying information.
Topic:
Other Civil Matters

Answer:
 Not a lawyer, but thought it was worth mentioning that with the tagline in your post it's pretty easy to find the ad in question. Just in case you were trying to keep the identity of your friend or the company quiet.

That said, if it was me, I would be incredibly pissed off. Might be worth trying to find out their ad agency and getting in touch with them as a first step. Answer #2: Go see a lawyer who is familiar with privacy torts, and which privacy torts are available in your state (which you failed to mention). In particular, you should ask an attorney about the tort of *appropriation of name and likeness* and whether it is recognized in your state.

Although, frankly, claims based on privacy torts are generally very weak.


Title: Can I sue?

Question: I allowed my nieces friend to drive my car. Her friend ended up crashing my car into another vehicle and is completely at fault. She even received a ticket from a police offer for the accident. I only have liability coverage on my car. Can I sue her for my deductible as well as my car associated damages? I live in Illinois by the way

Answer:
 Yes you could sue the person who was driving your car for the damage to your car if it was her negligence that caused your car to be damaged.

Also see if her insurance will pay these damages. It may not, but it may. Answer #2: We need a location here.


Title: [MS] My friend's boyfriend's STBX had him served divorce papers during church, filed a lawsuit against my friend and called the police on him for hash because he doesn't have a prescription yet and he had 3g when they came

Question: How can I help her/them? I feel helpless and she has no idea what to do. She can't afford his bail because it was too high even though he doesn't have a record or been arrested before. What do we do?

Answer: She can get a lawyer to deal with the criminal charges and another to handle the divorce. The STBX didn't really do anything wrong here.