Title: My landlord made a mistake on my rental contract, is it legally binding still? (CA, Los Angeles)

Answer:
 If at the time the contract was signed or before, the two parties had discussed what the contract terms were and agreed upon them, generally it is considered to be a know error and therefore the terms originally agreed upon verbally are binding.

So if you both knew what the contract should have said and signed one that said otherwise, you will have to pay what was originally agreed upon.Answer #2: The landlord could file a *reformation* lawsuit to amend the contract, pursuant to California Civil Code § 3399:

> When, through fraud or a mutual mistake of the parties, or a mistake of one party, which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved, so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.

And your lease probably has an attorney fees clause, so you would likely end up having to pay a bunch of extra money.Answer #3: If this came up in front of a judge (which it almost certainly would if you started paying only the lower amount), I doubt you'd have much luck with that argument, especially since both you and your landlord admit that this is just a typo.

I don't have a specific citation for that, but similar cases have been discussed here before.


Title: My brother stuck his phone on someones back who had the keys to my car and ran away so that we could track him. Is it theft if he doesn't return the phone?

Question: I was letting an uber driver borrow my car. I was at a block party about a block down from my house and ran down to greet him since I saw him pulling up. He spun out into my yard then peeled out into my driveway causing my front tire to burst. At first he agreed it was his fault, and I was like no problem you're responsible and I don't want a fancy new tire, I'm not gonna try to screw you over. Then my brother came over and kinda got confrontational with him and he backed down and started running with my keys still on him. My brother decided to put his cell phone as a tracking device on the guys back and he got away. I started tracking him on my phone and we saw him get in a white car with the signal and we got the license plate number. It was a black male in his 30s and I really don't have much information on him as I was subletting my car that I never use to someone who would pay me a portion of their uber wages. Now he has my keys and my brothers cell phone and not sure what to do.

Answer:
 No, the phone thing is not theft.  You can't give someone something and then claim that they stole it.

You likely don't(yet) have a theft complaint on the keys, as there's likely no intent to deprive.

Call him, ask him to return the phone and the keys.  If he refuses, then consider filing a police report.


Title: What do I need to do when I visit Canada with my dog?

Question:
I'm planning a road trip with my dog this summer. I live in California, and we're going to Seattle to visit family. I've never been out of the country before, so I figured I'd spend a day or two in Canada because why not.

My concern is my dog. I would like to bring him with me, and also be able to bring him *back* too. He's 3, fixed, and UTD on all shots. What documentation do I need?

I have tried looking myself but it's confusing and I've been told conflicting information.

Answer: You'll need a [rabies certificate](http://www.inspection.gc.ca/animals/terrestrial-animals/imports/policies/live-animals/pets/dogs/eng/1331876172009/1331876307796), and a health certificate from your vet isn't a bad idea. If the dog looks even remotely like a pit bull, you'll need evidence of his pedigree to travel to Ontario (which isn't anywhere near Seattle anyway). Also check the rules on [pet food and treats](http://www.inspection.gc.ca/animals/terrestrial-animals/imports/policies/animal-products-and-by-products/pet-food/eng/1321129023397/1321129556426), and you'll probably want to make sure they are in unopened packages when you cross the border. Answer #2: I live in WA state and have traveled over. The rabies certificate is all you will need (plus have him be well behaved at border). The gotcha is dog food. At the border going both ways, they will read the ingredients list and will confiscate dog food if it contains certain ag products. I just buy it in Canada now instead of traveling with it and plan on leaving it behind when returning home.


Title: Land Lord refuses to return $300 SD because I failed to give 21 days notice before I left

Question:
Basically I had to suddenly leave work which corresponded to the last day of them month. I was not going to pay the full months of rent (which would have been due the next day) so I told my landlord I was leaving, he asked if I could pay for the next 21 days I told him that I couldn't unfortunately and he said ok.

&#x200B;

**Note**: all the contract says is that I must give 21 days notice before departure, it says nothing about taking money from the SD or a penalty of any kind if I fail to give 21 days notice.

&#x200B;

When it was time to leave I asked for my SD back and he said he was keeping it because I could not pay him for the 21 days and that he would forgive the amount due for reamining amount of money I still owed him for the daays the SD did not cover.

&#x200B;

Is this legal?

&#x200B;

If not, what should I do?

Answer:
 That is pretty standard. You do owe for the 21 days because you agreed to it in the lease.

It depends on the state you live in, but it is likely legal.


Title: A friend and I bumped into a bar window in New York City and it shattered. The owner wants us to pay the cost of the window replacement.

Question:
This occurred in New York City.

My friend and I were standing on the street in front of a bars window. We accidentally bumped into the window and it shattered on top of us. No one was injured. The owner said the window was at least 20 years old. It was not safety glass. We stayed at the scene and gave our information to the bars manager that night. They claimed they were calling the police. After an hour no police showed up. We the proceeded to leave. The bar owner was not there that night. I talked to him two days later. He said we own the cost of the new window which he said was $3200.

He installed the window the next day. The night the window broke customers continued to by drinks at the bar. The bar owner claims he has a video and says we were horsing around and broke the window. I asked to the owner to email me the invoice and the video he claims to have. He has not done this.

Do I owe him any money?
If I did owe him money does his insurance deductible come into play?

Answer:
 >Do I owe him any money

You broke the window. Of course you owe him money.

>If I did owe him money does his insurance deductible come into play?

No. The insurance will subrogate for the full cost of the replacement.


Title: [IL] I made a bulk purchase of $5000 worth of goods to sell on Amazon (I have sold the same goods for multiple years) and I was just informed that effective Jan. 1 Amazon will not let me sell these goods any more.

Question:
* I have been selling sports team apparel on Amazon for more than three years.
* These goods are sourced from legitimate verified sources.
* It represents a significant portion of my annual sales.
* I JUST received a pallet of $5,000 worth of these goods, and soon thereafter received notice from Amazon that no goods of this category will be allowed for sale on Amazon effective January 1st.
* I also have several thousand dollars of these goods already stored at amazon warehouses ready for distribution.
* It is very unlikely that I will be able to return these goods to the seller.

This just happened a couple of days ago, but I am wondering if (under the assumption I cannot return them) I potentially have a claim against Amazon. I relied upon my multi-year history with Amazon in purchasing these goods. I was not given sufficient notice (less than 10 days) so as to cancel the orders further up my supply chain.

Thanks for any preliminary advice you may have.

Answer:
 >I potentially have a claim against Amazon.

You have no such claim.Answer #2: There's always ebay, Chief.


Title: Food bank giving expired food (Ontario)

Question: [deleted]

Answer:
 mold is one thing but the experation dates on most foods are arbitrary.Answer #2: IANAL, but I am a former food bank volunteer in America.  Moldy food was a big no.  That'll get you real sick, real fast.  I don't remember the details about expired dry goods or canned goods, but 2014 seems old for soup.  However, if it's canned and there's no bulging or ruptures, it's probably safe if it's not more than a few years out of date.

If you're able to get to another pantry, contact Daily Bread about switching over; it could be the mold problems, at least, are located at the one you've been going to.  It also appears there's other food banks in the area, especially North York.  It seems to be one of the big two in Toronto.

https://northyorkharvest.com/

https://www.foodbankscanada.ca/

https://oafb.ca/

You might also find some local non-affiliated pantries or services.

Good luck.  I hope things turn around for you soon, and you can get your three healthy squares a day.  Hang in there, and if you can afford food, beans, rice, and peanut butter are all powerful, with kale being a good, cheap green.


Title: Cali, cited for knife at school

Question:
[deleted]
Topic:
School Related Issues

Answer:
 You are very lucky you're not being charged with a crime.  You need to go with a parent to the hearing, be truthful, and complete whatever punishment you are given.

And stop carrying knives around.


Title: Can a bot that randomly replies "Said no one ever" to comments on Reddit get me in legal trouble?

Question:
**Location:** United States of America

I just programmed this bot that randomly replies "Said no one ever" to comments on Reddit.

It's absolutely funny in many cases, but I'm afraid that one day it'll get me in legal trouble, because the bot will respond to a sensitive issue.

Can it complicate me legally (a lawsuit), or can I keep running it without an issue?

Answer:
 That sounds like a good idea ... Said no one ever.

Why would it get you in legal trouble? Most novelty accounts are tolerated just fine. At worst, it would probably just get banned.


Title: Can I get my roomates arrested for stealing?

Question:
I've looked around for similar threads but couldn't find anything that really answers my question. We're from Orange County California.

So my boyfriend and I have been unofficially leasing a room in an apartment from another couple (their lease says they can't sublease). Things seemed great for the first 8 months, but then we started to notice things were missing. I KNEW our roomates were sneaking into our room and stealing money (a few hundred dollars) among other things from us but my boyfriend never believed me and kept saying I was just misplacing things because there's no proof. I finally convinced him to buy and install a lock on our bedroom door. When we moved in there wasn't a lock on either bedroom doors and the thieving bastards seemed so cool at first we didn't care, stupid I know. But he accidentally bought the kind with the little pinhole keyhole that could be picked fairly easily, instead of an actual key lock so things are still going missing.

 I just downloaded some spy video recording software for our laptop and will be setting it up to catch them in the act. If we catch them on video breaking into and then  snooping around our room, but not actually stealing anything, or you can't clearly see them steal an object, can I still use that footage to get them arrested or at least have mangement kick them out of the apartment? We are moving out in 2 weeks but I want a little revenge before/as we leave. Any advice helps!

Answer:
 You can file a police report and let them do their job. Your roommates may be arrested, they may not.

Forget about getting them kicked out of the apartment. You're knowingly living under an illegal sublease. You're in no position to go down that road.


Title: Landlord withholding $1000 for made-up "lease modification" fee [WA]

Question:
Greetings, r/legaladvice! I've admired this sub for a long time, and now the day has come that I need to ask this community for input.

&#x200B;

**Backstory**: My girlfriend and I bought a house in December and needed to leave our apartment by the end of February (3 months before the end of our lease). We informed our landlord right away and he told us we could sublease the apartment for the remainder of the contract, *or* that he'd be willing to start a fresh lease with new tenants and terminate our lease early. We had been nervous about moving out ahead of the lease's end, so we were relieved to hear he was willing to work with us.

&#x200B;

We posted an ad and found great prospective tenants to start a new lease with him. Our landlord dropped off applications for them, which they promptly filled and submitted. Then, several weeks went by without a word from the landlord on whether they were approved or declined, despite repeated inquiries by us and the applicants. Around this time we randomly ran into our landlord. He was congratulatory about the new house and assured us that "the ball was rolling" on the applications and that he didn't "see any reason they wouldn't be suitable tenants." We said goodbye, felt some relief, then...didn't hear from him. As move out/in day approached, we were getting anxious as we still did not have an answer from the landlord. With no new lease signed, we reverted to the sublease option and, thankfully, the tenants agreed to sublet from us. At this point, we were feeling annoyed that the landlord had gone MIA, but glad we were able to find tenants to cover the cost of rent for the remainder of the lease.

&#x200B;

With only 2 weeks to go before the subletters were planned to move in, all of the sudden, the landlord pipes up out of nowhere, declaring that our options now are to a) pay for the remainder of time on the lease (3 months = $6000) or pay $1000 for a "lease modification". In his email there was no mention of the original options (i.e subleasing or starting the fresh lease with new tenants). I replied, confused, as this is the first time we'd heard anything about a "lease modification" fee in the \~12 weeks we'd been corresponding with him about this transition. Not surprisingly, he does not respond to my subsequent emails, texts, calls nor my requests to meet and speak in person. In the absence of any clarification from the landlord, we go forward with our subletting plan, the tenants move in and pay us rent monthly for last 3 months of the contract, which we, in turn, pay to the landlord. After the 3 months, the new tenants actually did manage to sign a new lease with the landlord and stay on in the apartment. Despite the bizarre message and absenteeism by the landlord, everything appeared to have turned out great. Everybody wins, right?

&#x200B;

**Wrong**. Fast-forward to today when we received our deposit back. We were docked $1250, 1k of which was for "lease modification." In a hand-scrawled explanation landlord states that we allowed "unknown persons" into the apartment and failed to return keys to him (keys went directly to subletters/now-lessees). He even withheld additional funds for a carpet cleaning that did not take place and for the cost of a 70s-era microwave that we had him remove from the apartment before we even moved in. We somewhat expected him to try to dock us for a couple weird things like those, but the reemergence of this "lease modification" came as a shock.

**My questions:**

1. Is there any validity to this lease modification fee? Does having subletters (with permission) even constitute a change to the lease? It should be noted there was no mention of this fee in our original lease or during the first 10 weeks of correspondence about this transition.
2. Do we have grounds to sue in small claims court for remainder of deposit? Is this the proper course of action? What should we do?

Answer:
 >  Is there any validity to this lease modification fee?

If this "lease modification fee" is not in your original lease, he can't just charge you for it.   His mistake.

>  Does having subletters (with permission) even constitute a change to the lease?

Again, what does the lease say about subletters?

>  Do we have grounds to sue in small claims court for remainder of deposit?

Probably.

> Is this the proper course of action?

When LLs try to screw over tenants, then yes, sometimes small claims court is the best route to go.

> What should we do?

Get the paperwork to file in small claims court.  Get the tenant-landlord rules for your city or state.   Review them, print them out, highlight the via sections, fill them out, and send them all via a certified signature required receipt to the LL, explaining the situation, the rules, and the fact that, if he doesn't return your full deposit, you will be filing the court papers in 3 days.

Pre-Edit:  I will look up the tenant-landlord rules, where in WA state are you?Answer #2: NAL but I’m certain he can’t dock your deposit for anything other than what’s stated in your original lease. Unsure about WA but in Ohio he has to have a receipt for the carpet cleaning to prove he actually did it and to prove the cost. I’d definitely threaten small claims and if he doesn’t respond, follow through. Would be worth the energy for $1250 imo.


Title: Extended stay hotel I'm living at told me they no longer hire people who live here when I inquired about a maintenance position I saw them hiring for on indeed.com

Question: I've been living here since I got out of prison back in May. My caseworker set it up for me as it was advertised as a sober environment which I can assure you it is not. I understand that in the past they hired people who lived here and those people were subsequently fired and kicked out for excessive drinking/partying but I've never had any issues with the staff here since I moved in and am wondering if this is employment discrimination. I understand that in at-will employment states discrimination is hard to prove unless you're a whistle-blower or something but I'm wondering if this policy of their's is to weed out a certain demographic of people who are generally on public assistance and/or have chemical dependency issues.

Answer: Legal.  Where you live is not a protected class.  You need to prove that they're discriminating against a protected class (like race/color).


Title: Virginia: workmans comp denial I feel is unjust

Question:
My mother was denied workers compensation for wrist and hand injuries related to carpal tunnel. She had surgery in December on pinky and ring fingers on two hands and surgery on the rest of the fingers on one hand. She is an eligibility worker at our local social services.

She was denied compensation because it was a repetitive action injury which is automatically denied in Virginia, however there is two exceptions to this ruling: carpal tunnel and hearing loss.

She was also denied because she has a pre existing condition. She worked at a previous job in North Carolina where she had previous wrist and hand injuries related to carpal tunnel. How can she be denied workers compensation for a pre existing work related injury?

The final thing she was denied for is her and my step dad have a hobby of competing in BBQ cooking competitions. I guess the state thinks this is somehow related to her injury. That is the most bullshit claim out of all of these in my opinion. It's no more strenuous than regular daily life cooking, and it's mostly my step dads hobby anyway. My mother is there mostly for moral support and helping with small things related to the BBQ. She doesn't do any of the pulling of the meat (for one, she can't. Her wrists are too fucked up...).

She has been out of work since the new year and will be out through February and possibly longer. She hasn't got the go ahead from the doc yet.

I've starting speaking with an insured workers law firm to see what our options are, but I'm posting here to see if there is any knowledge you guys can offer me that might help figure this one out.

Answer:
 Everything you listed above are legitimate reasons for a denial depending on the actual facts. Burden is on your mom to appeal and prove that she has a compensable work related injury.

Speak with some lawyers until you find one you like.


Title: When one individual murders multiple people, why is he/she tried for the murder of one of the victims instead of all of the victims at once?

Question: In January I was called into jury duty in Texas for the first time and was being considered for a capital murder trial in which a man was accused of murdering four people. However, he was only being tried for the murder of one of the victims instead of all four. Why does the DA choose to do it this way? Is that just how the law works? Or if the DA loses can the man technically be tried again for one of the other victims?

Answer:
 It could be a number of reasons. The DA might think that case is more of a slam-dunk than the others. The circumstances of the incident might be as such that it makes more sense to try the cases separately than together.

Trying and failing to convict a person of one murder does not mean that they can't be tried for a different murder.


Title: [Chicago] I rent an apartment but I have no heat?

Question: Hi so I have no heat and no running water in my bathroom. I went to security to ask for maintenance and they said they shut off the heat. Its only 56 degrees in my room and will be in the upper 30s tonight. is there anything I can do?

Answer: [Check this out.](https://www.cityofchicago.org/city/en/depts/bldgs/supp_info/chicago-heat-ordinance.html) And then call 311.


Title: Would I be justified in calling 911 over someone threatening to shoot someone in traffic? Miami Florida

Question:
I'm a student, and on my way to class there was a minivan stopping for students in a crosswalk, and a guy in a Mitsubishi Evo started honking, the guy in the minivan flipped him off and then then guy in the Evo yelled out his window "Do you want to get shot? Do you want to get shot? Seriously!"

Would I be justified in calling 911? Would the police do anything? Would I be allowed to take a picture of the guy since it was on a public Miami street or is that covered by the 2 party consent law? What about a citizens arrest (not that I would do that because this guy implied he had a gun and no morals)?

I feel like it was an empty threat, but it should still be covered by something like criminal threat right?

Answer:
 >Would I be justified in calling 911?

Yes.

>Would the police so anything?

Probably. It would be considered an assault (or similar offense) depending on the jurisdiction.

>Would I be allowed to take a picture of the guy since it was on a public Miami street or is that covered by the 2 party consent law?

If it's in public, the privacy law doesn't apply.

Answer #2: >Would I be justified in calling 911?

You mean using the public service your taxes pay for in the event you feel there is an emergency?  Sure.

>Would the police so anything?

Probably not, unless the guy was brandishing a weapon.

>Would I be allowed to take a picture of the guy since it was on a public Miami street or is that covered by the 2 party consent law?

You can film in public as there is no expectation of privacy on a public street.  Keep in mind that in some districts you still cannot film the police.  Almost every appeals circuit court has ruled you can film the police in public but there is 1 hold-out district I think who still says it's obstruction.

Someone please double-check me on that but I believe it's one of those circuits in the southeast.

>but it should still be covered by something like criminal threat right?

Depends on exactly what happened and how it was said.  I don't know Florida's assault laws, but it *could* be considered assault in California if the DA really wanted to spin it that way.


Title: My car was repossessed by a title loan company I've never heard of - I have the title in my hand

Question:
They claim I took a title loan out on the car at one of their stores in AZ in Dec 2014. (I wasn't even in AZ)

I told them that wasn't me. They asked me to send them a picture of my signature and drivers license, which I did. They say that both match perfectly with their documentation.

The thing is... in Dec 2014, I was still making payments on the car. The loan company was the lienholder and had the title in their possession until Aug 2016 when I paid off the car and they mailed the title to my house in Texas. (where I currently live, where the repossession took place)

I now have the title in my possession. I called this loan company and they confirmed that they were the only lienholder throughout 2014 and 2015.

The title loan company has turned to being uncooperative and are demanding payment for the loan.

Answer: Lawyer like now. IF you can provide proof that all of this is not your fault, which you easily can because you were making payments, then your car has been illegally repossessed.


Title: Landlord going on social media campaign against me and the company I work for because I left owing 157$ in utilities

Question:
Left a horrible living situation about a month ago. I (24M) was living in a shared 3 bed 1 bath  house with 3 females.

I relocated from across the country so I couldn’t exactly visit places before signing...this landlord accepted Venmo so it was easiest way to go. When I originally signed the year long lease there was just one bedroom occupied by one female. By the time I actually moved in about a month later he was able to lease the last room to another female and the basement to an elderly woman.

If I had known he was going to be renting our unfinished, disgusting basement that doubles as a  laundry room to elderly women with mental health issues, I would’ve never moved in. She was literally living in a tent down there. After a series of false complaints against me by the elderly woman, she ended up moving out. Great right? Nope. About a week later he let another elderly woman with mental health issues move into the basement. This one had a history of hard drug use and was just outright disgusting, didn’t have any money, and would eat my food.

At that point, about 6 months into the lease, I had enough. I asked my landlord if he would be willing to let me out of my lease and he agreed. I then had potential roommates decide to go another direction, so I then went back to my landlord and asked if I could stay, to which he did not allow, citing he wanted someone who paid on time (to be fair I did usually pay part of my rent a couple weeks late, but never got behind). So I vacated on the original notice date and ended up finding another place.

I paid first and last months rent when I moved in so obviously I didn’t pay the rent the last month I was there. When I asked to stay he told me in writing that our lease was voided and that he did not have to let me stay. Because of that, I didn’t feel the need to give him utilities either.

About a week after I moved out he began to really pressure me about the utilities, blowing up my phone at first. For the past couple weeks he’s been going on a “social media crusade” against me and the company I work for by posting on the company’s Facebook, linkedin, leaving reviews for our products on amazon. He’s saying I didn’t pay my last months rent and utilities, is this the kind of company you want to do business with?, I’m not a real Christian, ect.

The company I work for may end up pressing charges themselves, but I’m having a hard time finding legal representation and wanted the reddit communities opinion as to why. Do I have any other legal alternatives?

Answer:
 >to be fair I did usually pay part of my rent a couple weeks late, but never got behind

That literally means you were behind. If rent is due on the 1st and you pay on the 2nd you’re behind. For example, if he pays the mortgage with the rent and *his* payment is due on the 1st, you paying him two weeks late isn’t cool just because it’s in the same month.

The truth is defense against slander. If he’s blowing up Facebook because you didn’t pay utilities that *you accrued* during your time at the apartment- that isn’t slander. It seems like this would go away if you would just settle your debt. You were lucky he allowed you to break the lease without penalty wether or not the place was unfit- the process can be a nightmare.

If I were you I would anticipate being sued in small claims court. If you’re not prepared to go back for the hearing, it could go to collections, effect your credit, etc. Just pay him what you owe and be done with it.Answer #2: So you decided not to pay the utilities for a month you did live there, is that correct?


Title: Why would a DA stop investigation into a rape case? Is this negligence and can anything be done?

Question: [deleted]

Answer:
 >Why would a DA stop investigation into a rape case?

There's a myriad of reasons. But at the end of the day, the facts have led the office to believe that there won't ever be enough evidence to convict.

>s this negligence and can anything be done to take action against the District, Police, or have the case reopened?

No. A District Attorney has absolute discretion over the cases they try. If your state elects DAs, you can campaign for and elect another district attorney whenever your state holds elections. A new DA might continue the investigation, but the investigation may also be too stale at that point.


Title: Under what circumstance is attorney-client privilege still respected in america?

Question:
at our civics class we had a discussion how post 911 liberties in america have changed. things like patriot act have allowed law enforcement to search property without warrents (or have default very broad warrants).

i was curious how traditional attorney-client privileges have been affected.

SPECIFICALLY

-  in the past it was advised to mark any piece of paper or any recording with 'client-attorney' confidential or something like that on it to clearly warn others as to the nature of this piece of communication or documentation. is this still valid ?

- lets say the police grab your phone and you have an app that records notes or voice recordings and it prefixes that app with 'attorney-client' privelage...must they back off immediately?

- in addition, does a specific attorney need to be mentioned or can one use the generic (seeing that someones attorney should be treated as confidential as well)

Answer:
 You can't just mark something "attorney client privileged" and have it be respected.  This has been tried many times over the years, and has been rejected.  It has to be an actual communication between an attorney and client.  And the presence or inclusion of a third party generally negates the privilege.

As far as the privilege itself, yes, it's still respected.  Attorneys can't be required to testify against their clients, or reveal privileged communications.Answer #2: The privilege doesn't depend on a paper or recording being marked. But a marking will not create a privilege either. If a paper or recording isn't in the possession of an attorney then it *probably* isn't privileged. If it's in an attorney's possession then it *may* be privileged.

And BTW, the privilege doesn't protect things known to the client. It only protects things known to the attorney.Answer #3: Did you pay attention in your civics class?


Title: [Baltimore, MD, USA] Question regarding squatting rights.

Question:
Hi /r/legaladvice.

My girlfriend is getting kicked out of her mothers house at the end of the month. She has been living there for the past 2.5 years rent free. She was given 3 weeks notice and is in a full blown panic. If she's not out in that time frame her mother says she will call animal services (or something like that) and have all of her pets removed.

So my questions are

1) Does she have squatting rights? Is this eviction technically legal? Even the treat of it being a problem could save her time to find a new place.

2) Is there any actually way to have her pets/property forcibly removed or is that a legally empty threat.

Answer:
 She's a tenant and there's a process. Usually it's 30 days notice but it might depend on the state/circumstances. If she's still there after the notice period, her mother will have to legally evict her. You really REALLY don't want this to happen. An eviction will show up on her record and make it pretty much impossible to rent a place with a decent landlord or at a decent price because they'll want to check her background first, see the eviction, and decide they're definitely not going to risk having to go through the same.

Depending on how she was given notice, she could argue that she never got a proper Notice To Vacate. That would only delay the timer. And in the mean time she's still living with a hostile landlord who can make her life really suck.

In theory she shouldn't be able to remove the pets, if the pets are in fact property of your girlfriend. In practice (if she does it anyway), fixing the damage afterward is a way different thing than preventing it from happening in the first place.


Title: If this story happened, should the technician be fired?

Question:
Bearing in mind that this is /r/legaladviceofftopic :D  The following did not happen, instead I would like to know your opinion/analysis if it *did* happen (i.e. if it were real)

**- Should the technician be fired?**
\- At what point should he be fired?

Where did he start crossing the line?

I know it's far from ideal that I'm asking about this  story but there are a lot of consensual relationships that occur at  places of work, or with people who are giving some service (in our  grandparent's generation, it was "the milkman"), but I just can't find this kind of detailed accounts.

Although you get it from the point of view of Anne, I was really careful to describe *all* of Jim's behavior, including exact quotes from him, and I even specified the time of day and locations.  So I think you have enough information to judge if he should  be fired, and at what point.  What do you think?

Story: [http://telegra.ph/Annes-story-06-30](http://telegra.ph/Annes-story-06-30)

By the way I am not giving a summary but you can summarize in the comments if you want.  I know it's kind of tedious reading.

Answer:
 So what is really going on here, based on your post history, is that a woman posted to r/askfeminists complaining that a guy from the Apple store used the contact information she provided to ask her out on a date. Apple can absolutely fire him for doing so. Whether or not they do right away, or simply right him up, is up to them.

Before you become too deeply attached to the bizarre sexual fantasy you have so graciously written up for us, you should know that most women do not take kindly to being contacted in this way. It's creepy, and takes advantage of the trust they place in a business to behave professionally.

Women also find writing pornographic fan fiction based on their accounts of being harassed to be creepy, and potentially threatening.

You have serious issues.Answer #2: I’m not reading all of that.

“Should someone be fired” is rarely a legal issue.


Title: Grayhound was overbooked, made us take a bus 4 hours after the one we were supposed to take us left, and deserted my little brother in the middle of the city alone in the middle of the night.

Question:
To start out with I'm not having a good night and i am currently trying to get my little brother a flight out asap. While I'm waiting for him to travel i thought i would post this.

The story starts with us arriving an hour early at 3pm, our bus is supposed to leave at 4:10, our check-in is at 3:30pm. The buss arrives late at 5pm. The Bus driver tells us he is full with no space for my brother to board. He tells us there is a bus 30 minutes behind him, and he can board this one. The lady at the greyhound sign-in tells us the same. (For reference, my brother is the only one boarding, he is traveling to college for the first time) An hour later at 6pm we get worried and call support lines to try to get answers. The lady at the sign-in has already left at this point. (at 5:30 pm) Support puts us on hold and transfers us for an hour, then they finally tell us there was no bus after the next one and we were supposed to get on the full one...At this point my brother opts to take the 8pm one, because greyhound said they could get him to his destination. Instead they arrive in Indianapolis at 11:30pm and they just leave him there with no bus to take him forward.

My question to this sub is do i have any ground i can stand on to get a refund for my mother? She purchased nonrefundable tickets. If anyone needs any more details please pm me or ask.

EDIT: My brother is now safe and sound at his apartment. Will update when i call greyhound.

EDIT2: Called greyhound, they told me they gave my brother a letter to mail into them for a refund. Hopefully this is the end.

Answer:
 There was payment for a service which was not provided in full.

Yes, your mother (who must be the one to ask for it, they probably won't pay out if it's you asking) is entitled to at minimum a partial refund. The company would be mental if they did not give you a full refund. Answer #2: I used to drive for Greyhound. This is something that happens every single day. I doubt that since your brother actually got to his destination they will give you any money back.

Greyhound is so behind on times I mean I had to fax in pay requests and this was a year ago. They actually have pretty decent options on  putting someone up in a hotel because they have corporate deals on rooms. Greyhound is not a good option to ever travel. Id take this as a never again lesson on traveling Greyhound.


Title: Ex-wife is finally selling the house.

Question: I got divorced 12 years ago and gave my ex the house. Since it was not in the divorce that she refinance I am still on the loan but not the title for the property. Last February she contacted me saying they were going to finally move and sell the house. I was ecstatic because it has kept me from being able to finance anything since my debt to income ratio is too high even though I dont have to make that house payment. What she failed to tell me is that her and her deadbeat husband won't be making a mortgage payment for the last six months so they can do home improvements before the sale. I have been told that here in Oregon they will have to split and proceeds from the sale with me. Is this true and if so how do I go about that?

Answer:
 Much like planting a tree, the best time to talk to a lawyer was 12 years ago.

Also like planting a tree, the second best time is now.Answer #2: If you're not on the title it might be difficult to claim part of the proceeds.  Was this addressed in your divorce agreement?Answer #3: If you executed a Quit-Claim Deed, then you have all of the liability and don't own the house. Since you are not on the title, you are no entitled to any percentage of the home or the sale.

If the mortgage company does not receive payment, you are liable and your credit will definitely suffer. Best case scenario: your credit history is hit with a 2, 3x month late and you will need to wait x-amount of months before obtaining an x-mortgage. Worst case scenario: the bank will flag this as short-sale/foreclosure/place a lien on the property.Answer #4: You are still liable for the payments if she stops making them and they can come after you to collect.  You need to speak to a family law attorney.Answer #5: Let them know how hard it will be to sell it when it has been foreclosed?Answer #6: Have you been making the payments since they quit, in order to protect your own credit score?  If so, I would put a lien on the title for the amount you are out.


Title: Can I acquire a US citizenship through my deceased grandfather?

Question:
My grandfather was a son of a US soldier back in world war II. According to my parents he was born in a US military hospital. From what I've read if his parents recorded his birth with the US embassy he should have been given a CRBA, though I have no way of confirming it this. I believe he had no idea either so he grew up oblivious to his US citizenship and acquiring the citizenship where he was born instead.

Post wwII his father flew back to the US and started a new/returned to his family leaving the mom and son back here. After a decade, my grandfather's supposedly half brother went here to take him to the US due to the death of his mom. My grandmother though "hid" grandpa because she didn't want him leaving her.

My grandfather rarely talks about his young life and seemed to have just accepted the situation. So my entire family are citizens of the country where my he was born in even though our last name sounds so foreign and occasionally gets a bit of disbelief from people.
Topic:
Immigration

Answer: No. The linkage is too far back and your grandfather never lived in the US so even your father is excluded.


Title: I was involuntarily committed (Baker Acted) and my boss permanently fired me before I was released 4 days later. Do I have any options?

Question: I have a legal disability (bipolar disorder) and I was committed because of it. I lost my job a month ago. I just accepted it at the time but now I'm wondering if there's anything I can do like a discrimination lawsuit or a wrongful termination lawsuit or getting my job back. any ideas? Do I have a case or anything? Florida, USA.

Answer:
 Firing you for an unplanned unexcused absence is perfectly legitimate.

More, unless you had previously told them of the disability, and had negotiated "random absences" as your accommodation, you can't retroactively demand that accommodation.Answer #2: Did you qualify for FMLA leave? Had you been working there nearly full time for at least a year, and is the business medium size or larger based on number of employees?


Title: If my lease ends on May 31st, do I have to leave the property by May 31st or do I have a grace period after the lease ends to move out? [CA]

Question: My new lease begins on June 1st while my current lease ends on May 31st.

Answer: Why would you think there is a grace period?  You have a signed legal document stating you will be out by a certain date. Answer #2: Get a hotel room.Answer #3: You have to leave on May 31 unless you make an agreement with the landlord to pay pro rata and remain for one more day.


Title: Damages to police vehicle, no ticket just a bill six months down the road, need help!

Question:
I am in the state of kansas city of wichita, there was a incident last year on july 3rd of 2013 where a man had held our apartment complex with explosives. We were out of our home by force for 3 days not allowed to gain entry to our vehicle or our home.  I did not have money in the bank and I had a uncashed check from my place of business at the time.  During the 3 days my insurance expired, when we were allowed to receive our vehicle and items from the house there was a collision involving a police officers vehicle.  I was in my car when a officer had a question I was answering a few questions he had about the crime that had taken place,  at this time two cops had pull behind me that I was unaware of,  I looked over my shoulder and in all three mirrors I was unable to see anything, I honked twice to let anyone behind us to clear the road, (There was a lot of people walking in the parking lot of private propriety) When I proceeded to back up a car had came into view I hit the breaks but I had left a quarter inch scratch on a  police officer back right fender.
I was not given a ticket nor did I have my drivers license suspended, there was no court date.  I however six months down the road received a bill from the city of Wichita  for 715 dollars in property damage.  600 of it which was labor.   I am asking for advice on where to proceed with this now being almost a year and a half later, I have gone through all of there hoops and constantly contacted the city to find a way to resolve this issue, I have even paid the 115 dollars it cost them in material.   I have been trying to get the labor to go away due to the circumstance of this event, I have been ignored and repeatedly told they will get back to me.  I would like to know from anyone if I have any chance of avoiding the rest of this bill.  If so what I might be looking at or what legal back lash could happen from this.

Answer:
 > I honked twice to let anyone behind us to clear the road,

Yep this is totally how it works. If you honk at someone and they don't move its their fault.


Title: Mom being charged for hit and run (WA, USA)

Question: [deleted]

Answer:
 > My moms current plan is to hire a lawyer but that's looking to cost ~$3,000 minimum.

That seems like a pretty good plan and one that should have been executed before she had to go to court the first time.  Answer #2: I think it's passed the time to take they keys away if you do not even realize when you hit another car... why didn't they guy who got hit stop?


Title: My wife's company wants to see her personal emails between her and an employee who was terminated.

Question:
Throwaway for obvious. My wife's company wants to see the emails she's been exchanging between her and a person who was fired from the company. The emails are on her PERSONAL GMAIL account. Is this legal for them to request? It's a small business with no HR or IT support. I am worried it will ruin her relationship with the owners but don't want to let them over step on her personal space. The person who was terminated is now going into business and directly competing with her company.

My wife is still good friends with the ex-employee and was offered a job by them even but turned down the offer. The ex-employee has done some stuff that makes the owners want to sue her (i.e. took property from company, used company's customer email address list to advertise new business, etc.) So they want to sue her and need more evidence to build a case, therefore they want the conversation that my wife has been having with the ex-coworker.

My question is this legal and what can we do? Thanks

Answer: It's legal for them to request it. It's legal for your wife to refuse. It's legal for them to fire her for refusing. If that happens, she can fire for unemployment (assuming you're in the US).


Title: Can I sue for plus size discrimination?

Question: [removed]

Answer:
 No.

Being fat is not a protected class in the US, and even if it was not giving you a discount is not discrimination.Answer #2: No.

Logically speaking if it costs more to produce plus sizes due to using more fabric, you cannot reasonable expect the merchant to offer them for the same sale as everything else and make a profit off it.


Title: (Alaska) Got into a car accident that was 100% not my fault but the other party lied and made it so that I now have to pay my deductable.

Question:
The accident happened back in February.  I was on a road with no stop signs traveling east to west and the other part was crossing my road from north to south which had stop signs on both sides, making this a two way stop intersection.

The other driver failed to see me and drove through the stop sign, pulling out in front of me.  Because of the time of the year, there was gravel on the ground and I slid on the gravel trying to stop to not hit him and i slid into his car.  My car, a 2006 pontiac, had a lot of damage to the front bumper and his car, a 1985 crown victoria, had minimal damage to its real left quarter panel.

The opposite driver is saying that that the intersection is a 4 way stop when it is in fact a 2 way stop.  I have pictures to prove this and my report that i made minutes after it happened to my insurance company proves this too.  I tried to call the police for a report, but after waiting for 3 hours, I decide to call them off and go our seperate ways after trading information.

I have tried to plead with both insurances of both parties and both of them are saying it is out of my hand.

I just got word from the shop that my car is at that my insurance company said I needed to pay the deductible.  I am irate at this fact because the accident was entirely not my fault.

Is there any action I can take so i don't have to pay this fee? I have contact information of the other driver and I have come close many times to contacting him but i know that that is a bad idea.

Please help.

Answer:
 If your insurance is involved, you pay  the deductible.

If you can make a claim against the other drivers insurance, you  don't pay.

Since fault is in dispute, sounds like a direct claim against the other driver  isn't going to work.

 Goodish news is  that if your insurance fights theirs and wins,  they can get your deductible back. But  you're going to need to front it.


Title: Parents aren't letting me get my things out of their house without them being there.

Question: I'm 18 and I pay 300$ a month, 1/3 of the rent. I was physically threatened by my stepdad and decided I wasn't safe there anymore. Now I'm missing work to go get all my stuff, but my parents are saying I can't be there by myself. Can they do that? I have legal rights correct? I live in Michigan btw

Answer: Did they change the locks or something? If not, go get your stuff. If so, that's an illegal eviction.


Title: [WA] Charged with possession of controlled substance, was wrong substance

Question: [deleted]

Answer:
 > I'm planning on defending myself

Then you're a fool. Hire an attorney.Answer #2: "Intended for human consumption" is not that hard to prove. It doesn't mean you intended to use it, only that is the sort of compound people consume as a meth analog. Which it is. So they'll just substitute the compound for "methamphetamine" in all of the charges and reach the same result.


Title: Gender-neutral marriage?

Question:
I've been trying to figure this out for ages, but any searching I do for 'gender neutral marriage' just comes up with a ton of results for same-sex marriage.

As a trans person with a trans partner, at least one of us being nonbinary, I really want to know whether or not marriages are legally gender-neutral anywhere in the US (and if so, which states).
To clarify what I mean by gender-neutral marriage:
A marriage in which none of the forms, documentation, records, and/or process, make any reference to gender or sex or have any fields regarding them.

Basically, I would like to get married without being a wife and/or husband, and so would my partner, and I'm wondering if that's a possibility currently
Topic:
Other Civil Matters

Answer: California updated its language regarding marriage to be gender-neutral last year and Washington state was in the process but I can't find anything that confirms it. I wouldn't be surprised to find that they haven't cleared every artifact of "man and woman" or "husband and wife" out of their systems and documents. /r/lgbt or one of the related subreddits in their sidebar would probably be a better place to ask.


Title: My dog bit someone when dog trainer was handling

Question:
Hi all,

Hope you can help... our dog had problems on a lead and tended to bark at other dogs and lunge. She was fine around dogs in our home but just acted awfully on a leash. We got a professional trainer involved and told him all about the problems we were having with her and explained that she shouldn’t be off the leash at any time.

He didn’t leash her correctly during the training (he wasn’t holding the leash properly) and she ran towards a dog. The owner kicked our dog and our dog bit her quite badly on the arm.

The owner is now trying to get damages from us.

Basically, do you think we are responsible for this despite telling the trainer everything and our dog never biting/showing any signs of violence before?

Thanks in advance.
Topic:
Personal Injury

Answer:
 Is this a 'real' professional trainer with the proper certifications and insurance?
Did you sign a contract for services?


Title: Salary increased, I rearranged debt after financial advice. Now being told salary increase was "an error". In UK.

Question:
Hi,

I'm in the UK. I recently received an unannounced salary increase. When I contacted my human resources department, they told me (and I quote) "This is not a mistake, your salary has been increased following annual negotiations". In my mail to them I quoted the specific amount that my paycheque had risen, which they confirmed as correct. I was long due a salary increase, so this wasn't completely unexpected.

I took financial advice from my bank and consolidated a number of small loans into a single loan of a lower interest rate, but paid back more quickly. The loan is paid for using the salary increase - we purposefully kept it within that amount.

Today I receive a letter from a junior HR staff informing me I had received "an overpayment due to administrative error" and that "The Payroll Department will recoup the overpayment in the next pay period 15th July 2016."

So, I have hard evidence confirming a specific amount, but am now being told (with less than a day's notice) that this was "an error". And this month's paycheque is several hundred pounds less than it should be (no raise, plus last month's extra cash "recouped").

Where do I stand, legally?

Thanks.

Answer: In the US, you'd have a pretty good argument that the new pay rate was now part of your employment agreement and the employer couldn't unilaterally roll it back.Answer #2: Try /r/legaladviceuk.


Title: Wrongfully arrested [Texas]

Question: I was on my way to work a few months ago and got pulled over. Everything started off fine, gave him my license and registration and he went back to his car. Came back and told me I had a defective headlight and gives me a warning but he says he needs to speak to me about another issue. He pulls me out of the car and said "you have a warrant for your arrest ""assault with bodily injury" my heart sank. Dumbfounded, I was preaching that I am innocent and there must be a mistake. I have never been in a fight in my life! Of course the officer doesn't believe me. I was booked and stayed the night in a holding cell. A week later I get a call from the police department to go pick up a letter. The letter basically said "Sorry we made a mistake and arrested the wrong guy" all of my info was on the warrant but it was not actually me who committed the crime. Should I sue? If yes for how much? Let me know your opinion in the comments. Thanks!

Answer:
 If the officer reasonably believed it was you at the time of the arrest, you won't be able to successfully sue.

Answer #2: Warrants are issued based on affidavits completed by prosecutors (and sometimes cops) which are reviewed and signed off on by judges.  You would have to sue the entity who made the mistake, which if the facts in the affidavit were incorrect but based on "good faith" then you won't have much of a case.  Sorry you had to spend the night in jail.Answer #3: You can sue anyone you want, but you will not win this one. The officer relied on the information he had and it was a good faith mistake. You would have have to prove that the officer knowingly knew he was arresting you unlawfully, but if you information was on the paperwork, the officer acted properly based on the information he had.


Title: [CA] Verbally abusive roommate/tenant refusing to leave or pay rent until given a renewal of fixed-term lease

Question:
[CALIFORNIA] I live in a house with 2 roommates/tenants, who I’ll refer to as John and Jane (not their real names). I am not the Landlord, but am the Landlord Agent – I collect rent on behalf of the Landlord, vet roommates, pay utilities, and am generally responsible for maintaining the property.

My roommates/tenants have separate, fixed-term leases (less than 1 year in duration) that will expire on the same date.  While we each have our own room, we share a bathroom.

Please excuse any extraneous information – I’m having a hard time finding legal information that pertains to this specific situation (fixed-lease, shared bathroom, live-in landlord agent) and want to be as comprehensive as possible. I’ve bolded the most salient points below.

**I e-mailed John notification that I will not be renewing his lease.** (Correct me if I’m wrong, but I was under the impression that a fixed-term lease in California does not require written notice of non-renewal. The e-mail was meant as a courtesy, to give John 30+ days to find a new place.)

**John replied with an email claiming that I am acting illegally ("discriminatorily") and abusing my position as Landlord Agent, and indicated that I will face legal action should I refuse to renew John’s lease.**

**John ended his email with instructions to leave a lease renewal in the kitchen, which he would sign and leave with his current month’s rent.** (This would be the last month’s rent under his current lease).

I responded by repeating that I will not renew the lease, and that his rent is now late.

Since that time, **John has verbally abused and threatened my other tenant,** calling Jane and myself ‘bitches’ who ‘have it coming’; and declaring his intention to "harass you at every chance [he gets]" while holding a large knife.  He also stated that he “will not leave – that is not a threat; that is a fact.” **Jane let me know that she will attempt to secure a restraining order tomorrow, as the courts are closed today.** While I sincerely believe that John is mentally disturbed, and do not feel safe around him, he has not made threats directly to me, nor has he touched either Jane or myself.

My realtor recommended an eviction attorney that I have contacted, but due to the holiday and some phone tag we have not yet connected.

**My question is this – Is there anything I can or should do today/immediately, in order to 1) get John out as soon as possible, and 2) ensure that John cannot holdover or remain in the household after the expiration of his lease?** What can I do today in order to (excuse the language) cover my ass?

Furthermore, what steps can I legally take to ensure my own safety – i.e., can I install security cameras in the common areas where we typically interact?

Any ideas/advice is very much appreciated - thanks!

Answer:
 > Since that time, John has verbally abused and threatened my other tenant, calling Jane and myself ‘bitches’ who ‘have it coming’; and declaring his intention to "harass you at every chance [he gets]" while holding a large knife. He also stated that he “will not leave – that is not a threat; that is a fact.”

If a roommate said I had it coming and was holding a knife I would leave while dialing 911. The police should be able to help you with a temporary restraining order.


Title: Online company added a pair of incredibly valuable speakers for £0.00, which I just bought. If / when they email to tell me they're not actually available at that price, what can I do to make sure I can get them?

Question: [deleted]

Answer:
 /r/legaladviceUK

Be prepared for the likelihood that you did not, in fact, just win the lottery.Answer #2: > Id like to point out that I'm not a total arsehole,

> I'd like to legally compel somebody to give me $16,000 worth of goods

Those are not congruent statements.


Title: [Toronto,ON] Being evicted was only given 4 days notice before Sheriff showed at our doors.

Question:
To start the reason why eviction came up was because of non-payment of rent. We eventually went to a hearing where we worked out a plan. After some time that plan fell through and although that happened 1 month ago we were only notified recently that we have 4 days from Friday of last week to move out. When I told the Sheriff/Bailiff that we weren't even notified that that they sent out another claim for eviction on May 26th because of the broken agreement. Apparently that they have no control of whether or not we receive these notices in the mail. The only thing is there was a long period of time that we haven't received mail at the address. Even after repeated requests to receive them. I'm just unsure whether or not I'm able to do anything because I wasn't given an adequate amount of time to prepare things to move out. I'm locked out of the place. And now have only a couple days to retrieve whatever I can. If I was given the right amount of time I wouldn't have an issue.

I would just like to know if there is something wrong with this process that I just went through. Or if I have any legal backing and rights that have been violated.

I apologize if this is difficult to understand but for those who can help much appreciated.

Answer: I would recommend crossposting to r/legaladvicecanada. Several posters there know Tenant law for Ontario very well.


Title: [CA] Minor at-fault car accident, wondering what will happen

Question:
I hit someone's car in a parking lot while going into my space (speed was about 1-2 miles per hour) and left a few scratches. Left a note with my info etc, and when the owner contacted me we exchanged insurance information. Obviously there's no doubt about what happened so I did admit that I was at fault. I also contacted my insurance company and made them aware of the accident. They said to wait until and if the other driver files a claim, at which point they'll contact me for a statement.

The owner believes that the damages are greater than what I think they are, saying that I've caused some sort of damage to the internals of the car. I'm not sure if I have. Owner has not taken the car to a repair shop yet, and believes that the car is not safe to drive and therefore in an un-drivable state.

The owner also needs a car for an urgent (medical) appointment this week. I am being threatened with a lawsuit, for not allowing the damage claim process to proceed quickly, and also preventing the owner from going to their appointment. Owner hasn't actually filed a suit, they're just saying they might. I was wondering if the owner has a valid lawsuit here. Owner also mentioned they could possibly sue me for personal injury (causing the owner to miss a medical appointment, or endangering the owner by making them use the damaged car).

Also, how are damages evaluated by insurance when parties don't necessarily agree on the extent of the damages? Is there any downside to me not immediately agreeing to the damages the owner is alleging (financially/legally)? Could lawyers get involved here? The owner has said she can produce a document showing that her car was inspected before the accident. I'm willing to take responsibility for the damages I've caused obviously, but don't want to pay or be held responsible for damages I may not have caused. Just looking for some help as I don't know what normally happens here, and I'm only 19 and this is my first (and hopefully last) accident. My parents have said we have a good policy and to not speak with the owner besides exchanging info, and to handle everything through insurance, and I was wondering if people here agree.

Answer: Let your insurance company know and let them handle it.


Title: Found the person who stole my credit card.

Question:
So I left my wallet at my friends, let's call him Person A on my birthday back in April. To be quite honest, I left it there while I was buying some weed from him. (his only and only job is drug dealer).

That same day, $1600 was spent at two different Wal-Mart's. He claimed no knowledge of the missing wallet, even though it could have only been one of two places.

Fast forward to last night, and I text one of Person A' best friend's, Person B, to delete my number. I just started a new job and I was getting rid of some of those old people in my life I didn't want around anymore. Person B is also a drug dealer. I don't give this guy any reason why I wanted him to delete it, I just told him to delete it.

He assumes that I finally found out that Person A was the person that stole my credit card on my birthday and so he spills the beans about everything and throws Person A under the bus while claiming that he, Person B, had nothing to do with stealing and using my credit card.

Now that I have this new information, I text Person A if I can come over? He says yes because he has no clue that his best friend accidently gave him up. When I get there, I confront him about the credit card theft and he immediately flips out and starts screaming at me, grabs a gun, cocks it, and puts it to my head and tells me I'm trespassing and to leave his property.

This all happened last night, but the theft happened in April. Legally, what can I do?

This happened in Dallas, Texas.

Answer:
 > Legally, what can I do?

Um... calling the police last night would have been the right move.

As it stands, call the police now and tell them what happened.

Edit: Citicop is correct that your drug purchase may come out. In addition, I assume you canceled the card and had the charges reversed back in April? So you wouldn't need to sue him for anything, since you're not out any money, correct?Answer #2: > I just started a new job and I was getting rid of some of those old people in my life I didn't want around anymore.

Should have followed your own advice and just left it. You were made whole by insurance, you have nothing to gain and everything to lose at this point. Cut them off, improve your life.Answer #3: You can call the police and give them the additional information about the crime.

When you do, be prepared for your drug purchase to come out.


Title: [WI] Was my car was ticketed and towed illegaly?

Question:
I work on a university campus and my employeer pays for me to park in a parking structure owned and managed by the university. Last Saturday was game day and since the parking structure is close to the stadium they use the lot for game parking. To park in that lot durring gameday you have to have a seperate gameday only pass, one I don't have. On Saturday morning I went to move my car out of the lot but it was already towed, when I got back to my car I was looking at the ticket and noticed that it was timestamped for 6:21am. However, I get a reminder email from parking enfourement that says we arent allowed to park in the lot. When the game starts at noon the emails say they lot will be monitored starting at 6am. When the game starts at 2:30pm as it did on last Saturday the email says 7am. I have multiple emails from the last two years that veriffy this pattern.

Since my car was ticketed and towed at 6:21am I am thinking that they jumped the gun and because of that my car was ticketed and towed illegaly. The total cost is $150 and I really don't want to pay that. I would just ignore the ticket but the state has granted the university the privilege of suspending my licenses if I don't pay it.

Answer:
 Most universities have a process for disputing fines. I would say you have an excellent argument. You can also consider complaining directly to the traffic enforcement office or the University police department (whichever wrote the ticket).  They may be willing to dismiss it and refund you the money right then and there.

Edit:  you need to get your car out of impound ASAP so it doesn't run up fees.  If then university doesn't budge you can sue them in small claims but you will need to pay the fine and fees first.


Title: Securities fraud being investigated by SEC, retain personal lawyer?

Question:
(I appreciate any advice that people can offer, and I want to be a good redditor. I’m new to the site and I might make some missteps. Please let me know if there’s something I can do to improve this post. Thanks! This is all happening in Texas.)

The backstory: My elderly grandmother’s life savings had been managed by an investment advisor for several years, with the money in a trust and invested in a relatively conservative annuity. The advisor asked us to come in to meet with a new business partner, who he said was a real investment wizard. The new guy recommended moving the money into a different fund. They had forms ready to be signed, and we signed as recommended because we trusted the advisor.

About two years later, we requested a withdrawal to pay for my grandmother’s rent. We sent the request to the investment advisor, as usual, and he forwarded the request to his new partner, also as usual. The money never appeared. After a couple of months with various excuses sent via SMS and email, the new guy disappeared. The investment advisor now claims that he had sold his business to the new guy, and he has nothing to do with the invested money. (He was the advisor when the money was moved into the new fund, and statements after that change were sent out on his letterhead.) The advisor now claims to be a victim, as well, because the new guy was supposed to be paying him monthly for the business and client accounts and he has stopped those payments.

The amount of money lost is between $200 and 400K. My grandmother had been living on these savings, but my parents must now pay her rent and some other expenses that aren’t covered by Social Security. She’s a proud lady, and this change is really upsetting for her.

After some digging, it turns out that the new fund was managed by a friend of the investment advisor’s new partner, and the fund’s business was to make speculative investments in distressed real estate. It doesn’t seem like a reasonable place to put 100% of an elderly client’s life savings. The fund is now effectively defunct: no one will answer the phone, and the fund’s SEC registration expired over a year ago.

We called FINRA and learned that the advisor’s new partner was already on their radar. They referred us to the SEC, who apparently have an active investigation. We shared our information, but the SEC refuses to tell us anything about what’s going on and what we might be able to expect because of the active investigation. For example, we don’t know if they are investigating our financial advisor, or just the new guy that he partnered with.

We have been waiting for several months now, and we’re not sure if there’s anything else we can do. We have zero experience dealing with investment fraud, lawsuits, or lawyers of any kind. I was hoping that someone who has some familiarity with securities fraud cases could offer guesses or opinions on these questions:

1) Should we hire a lawyer to try to recover some money from one of these guys? Will they just screw up the SEC’s investigation, or will it probably be complementary?

2) If we do retain a lawyer, would it be unwise to look for someone who will work for no money up front but a fraction of any reclaimed money? Unfortunately, we don’t have a lot of free cash.

3) Any advice about how to select a competent and fair lawyer?

4) If money is recovered, what’s a reasonable % for a lawyer to take?

5) If money is eventually recovered by the state securities board or the SEC, do we need to be paranoid that a personal lawyer that we sign with might claim a fraction of the government-recovered money even though they weren’t involved with its recovery? I don't know if I can trust myself to spot this risk in the fine print of a contract.

Thanks in advance for any advice you can offer. Happy Thanksgiving to you all!

Answer:
 1) YES. Hire a lawyer immediately. You seriously need one.

2) Yes again. You may be able to find one willing to take that arrangement or you may have to pay them out of pocket.

3) Shop around, get reviews, ask for references.

4) That's going to be part of the shopping around discovery. Some will take less and some more. I don't want to quote you a number and since that may not be what a good lawyer is going for in your area.

5) That'll be part of the contract that you draw up with the lawyer. Be sure to read and understand all of the contact before you sign.


Title: I threw up in a limo and now the person who rented it wants me to pay $300- GA

Question: Okay so don't think I'm a bad person. But here's the story. My friend was dating a girl (I don't really know her) and she allowed our friends to ride in a limo that her father rented for us for New Years. Now, everyone was spilling drinks everywhere all night in the limo. At the end of the night, I did throw up, but tried to contain it in a cup (I know, I'm disgusting but it's all I could do). Now, my friend dumps this girl and she, a few days later, tells him she wants me to pay. She says that she will send a receipt the following Monday to prove the vomit clean up fee was $300. 3 weeks went by, and no word of anything, so we assumed she gave up. Today, she texted him with the receipt and wants me to pay and says that her dad will take me to court for it. The receipt showed that he paid for the clean up fee (which was listed as vomit/clean up) on 1/4. My friend blocked her from contacting him and she's made no attempts to contact me. I'm 23 and in college with no money. Usually I would be more reasonable, but it seems like she is doing this to get back at my friend for dumping her. What could happen if he sued me? Do I have a case since I'm not the client and I was never told there was a fee for throwing up nor did I sign any contracts?

Answer:
 You have no defense.  You caused damage to someone else's property, you're responsible for fixing it.  Answer #2: I don't think you're a bad person.

And it makes literally NO difference if you have any money or not.

She rented the limo.  She is responsible for paying the limo company the cost to clean it up.

You caused the damage.  So, legally, YOU are responsible for paying HER the cost of the clean up.

If she sues you, she will win.

Answer #3: You vomited in a limo and don't want to pay? Yes, you have to pay. If you do not, you can be sued in court (and will lose). Then you will have to pay and you will ruin your credit.


Title: no post on sundays (utah, USA)

Question: I moved out of my egg/sperm donors house 6 months ago, however, for the past week "sir"(my father) has been getting my mail at his house. sir then opens it while saying "it came to my house, therefore I can open it." is this legal? can the head of house open up mail addressed to someone else? what do I do?

Answer: Your dad is wrong, but there is a simple solution, go to the post office and file a change of address form.  Inform anyone who would mail you stuff of your new address.


Title: Abused cousin went to hospital. Hospital told boyfriend she was there and what injuries she had. He came there and almost killed her - New York

Question: My cousin was injured by her abusive boyfriend because she tried to leave him. She managed to get out of the house and hailed a cab which took her to the hospital. Her injuries were bad enough that the hospital admitted her. She told them her boyfriend did it and she was afraid he might come looking for her because he has done that before when she’s left. They said they would call the police and she was safe because he couldn’t just walk into the hospital and patient information is private anyway. Well he called around to hospitals looking for her. The hospital she was in not only disclosed that she was a patient, they also told him about the all injuries she had in detail when she was admitted. He came down to the hospital and a security guard escorted him to the floor she was on. He asked at the nursing station and spoke to the nurse whom my cousin had told that the injuries were from her boyfriend. The nurse pointed him to the room she was in. She was alone in the room and under the influence of strong painkillers. He closed the door and almost suffocated her with her pillow. He was interrupted by another nurse coming to check on her. He tried to flee but was stopped by security. My cousin had to be revived by doctors. It came out that the nurse had not called the police despite what my cousin told her. Despite her boyfriend and several of their staff admitting everything to the police (disclosing she was a patient and what her injuries were, showing him to the room, not calling the police when she said her boyfriend did it) the hospital has told our family that staff did nothing wrong and all protocol was properly followed. I don’t believe this for one minute. Is it not against the law for them to disclose patient information to people? Are they not mandated by law to report domestic abuse when abused patients come to the hospital? My cousin almost died because of them. Is there anything our family can do about this?

Answer:
 Start filing complaints now. Below are some places to start with as early as tonight.

File a complaint with the Joint Commission TONIGHT. If the hospital is accredited they will investigate. To say the JC takes any kind of patient issue seriously would be a gross understatement.

https://apps.jointcommission.org/QMSInternet/IncidentEntry.aspx

File a complaint with the New York State Education Office of the Professions.

http://www.op.nysed.gov/documents/opd-complaint.pdf

File a complaint for the HIPAA violation with the US Department of Health & Human Services

http://www.hhs.gov/ocr/privacy/psa/complaint/

If she has Medicaid or Medicare you can't file a complaint with them, too

I would also start asking the house supervisor (or house officer or whatever this hospital calls this position) why the police were not notified so a report of the assault could have been filed before the attempted murder occurred. I would also ask why her fears were not taken seriously and noted in their system in addition to asking why she wasn't listed as a no info patient. You can start asking these questions tonight. Any hospital employee can get you in touch with the house super immediately.

If you have not already done so, she needs to get a restraining order ASAP. It won't do a damn thing to fix what's already happened but it can help making any future charges against this guy more serious.

Tomorrow you can start looking for an attorney.

I hope your cousin pulls through this and finds some peace.


Title: Is it libel if it is private conversation? (Canada)

Question:
I recentlt discovered that if a private conversation is leaked publicly, where you say bad things about a company.... you could be sued.

I wonder if this applies to leaked diaries or leaked messages?

Suppose I had wrote a text to a friend and claimed that I felt x company had some scam scheme... and letssay those texts get leaked. ...

Why am I being sued for voicing out what is on my mind in what was meant to be private?

Answer:
 >I recentlt discovered that if a private conversation is leaked publicly, where you say bad things about a company.... you could be sued.

Assuming you are not in Québec you should not lose a lawsuit unless the bad things you said were not true.

If you say something defamatory (and not true) then you can be sued for that regardless of what format you say it in.

If you are in Québec then truth is not always a defence to defamation.


Title: My car was rear-ended at a car wash, who is liable?

Question: [deleted]

Answer:
 Certainly not her.  She did was she was supposed to do.

If the car wash actually didn't have a sign, then there's a CHANCE that they could be liable.  But, every car wash I've ever been to has had that sign.   Most likely, you'll be liable.

But, seriously, this is an exceedingly low-impact collision -- those things pull you through at, perhaps, 2 mph.  You could walk from one end to the other faster than the car is pulled through.  And, since you were actually still moving (albeit slower), the difference between your two cars was, perhaps 1 mph.    How much damage was there?Answer #2: You caused the problem. Why did you hold the brake?  Answer #3: I don't know of any car wash anywhere that doesn't require you to put your car in neutral and keep the brake off. Seems to me that you are the responsible one here. But put it to your insurance company and see what they say. And personally, I'd check to see if the sign is there (because it might not be now, but almost certainly will be in the future).


Title: NC tenant. Landlord is responsible for all utilities in lease, fails to pay on time, resulting in shut offs every month since Dec 2017. Can I get out of this annoying lease?

Question:
My landlord continuously fails to pay our utilities bill (it’s an all inclusive rent), resulting in my utilities (gas, electric, water and internet) getting shut off at the beginning of every month. He doesn’t live nearby, so I have to leave work every month to meet the utility companies to have them turned on. This is now making me nervous about my company retaliating towards me because i have to leave unexpectedly when it happens every month. Does a consistent non payment of bills such as water relate to breaking the implied habitability of my lease? In the lease it specifically states that utilities are the landlord’s responsibility. FYI this is a fixed one year lease (we verbally agreed to 6, but he’s trying to hold me to a 1 year). Any advice would be greatly appreciated.
Topic:
Landlord Tenant Housing

Answer:
 It’s constructive eviction.  Answer #2: >  Does a consistent non payment of bills such as water relate to breaking the implied habitability of my lease?

Yes, the fact that the utilities continue to get shutoff.    You should also try to sue him for your lost wages too.

http://lindleylawoffice.com/blog/2016/01/13/tenant-rights-have-you-been-constructively-evicted/

Gather your lease, all the evidence of getting the utilities turned back on, and proof of all the lost time at work, and talk to a lawyer to see how strong your case is.    At a minimum, you want out of your lease, at a max you want your back rent returned and to be compensated for all the time you had to take off work.

North Carolina does **not** seem to have a "Pay and Deduct" law,

https://www.nolo.com/legal-encyclopedia/state-laws-on-rent-withholding-and-repair-and-deduct-remedies.html

which might allow you to pay the utility bill, and then deduct that payment from your rent, which is also why you need to talk to a lawyer:

https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter7-5.html

Good luck.


Title: War Trophies

Question:
I see a lot of posts on r/whatisthisthing of Nazi paraphernalia that grandpas brought back from war. I know that a lot of times war trophies are illegal (such as the return of art and artifacts that’s still going on today) but what about Nazi artifacts?

Hypothetically if someone has some that said “ID tag of Joe Bob, Nazi Officer” could Joe Bob’s descendants get it back if they wanted it?

It just seems like a lot of items got returned to people if it was stolen by the Nazis, but what if it was stolen from Nazis? Are items not required to be returned to them? Or are people just less interested in requesting it because of the history of the item?

Answer: This is tangentially relevant: during the battle of Gettysburg, a Minnesotan soldier stole the Confederate flag flown by one of Virginia's troops. [Minnesota refuses to return it to Virginia.](https://www.twincities.com/2017/08/20/minnesota-has-a-confederate-symbol-and-it-is-going-to-keep-it/)Answer #2: I don't know about the nazis.  However I have heard alot of stories of Japanese swords and flags being returned to the families.  As far as I know its voluntary though.Answer #3: My Grandpa had a rifle and sword from the Pacific, and with them was a letter from the department of war authorizing his possession of them. I don't know how common those letters were.Answer #4: It's possible that certain Nazi trophies *can't* be legally returned to Germany under the country's laws against Nazi iconography. I'm unsure how those laws would apply to actual historical artifacts, but I'm doubtful the government would take kindly to a private citizen having a swastika flag on display regardless of its historicity. Answer #5: One key difference that hasn’t been mentioned yet is that the items that you hear being returned by Germany were stolen from civilians, particularly Jews and others persecuted by the Nazi government.  Those aren’t war trophies. They were war crimes.   Very different rules apply.


Title: How long will my friend be gone (PA)

Question:
Hi, I was jut wondering if someone could give us a ballpark estimate about how long my friend will be incarcerated. He's due for court a week from now. Here's the charges

- DUI (2 of them)
- Resisting arrest
- Public drunkenness (twice?)
- Destruction if private property
- Grand theft auto (will probably be dropped)
- Driving an uninsured vehicle
- Disturbing the peace x3
-Possession of alcohol x2 (before he turned 21 a few weeks ago)

Thanks all

Answer:
 Don't ask me why I looked this shit up for you. I must be feeling generous. All offenses carry fines and are generally as follows:

- DUI (2 of them) - Five days to six months.
- Resisting arrest - Up to two years.
- Public drunkenness (twice?) - Fines only ($500-$1000)
- Destruction if private property - One to seven years
- Grand theft auto (will probably be dropped) - Up to 7 years
- Driving an uninsured vehicle - Fines up to $500
- Disturbing the peace x3 - 90 days to one year per offense
-Possession of alcohol x2 (before he turned 21 a few weeks ago) - Fines up to $500 per citation.


Title: [CA]My former employer is claiming that they can indefinitely withhold my last paycheck while alleging I never returned a set of keys to them

Question:
Long story short, I quit a shitty job two weeks ago after filing a harassment claim with DFEH. My former employer is claiming that I kept a pair of keys (which I did not) and a portion of my uniform (which I did not) and they are refusing to release my final paycheck. Yesterday would've been my next payday and they sent me a certified letter stating that they're not going to release my check -_-

I'm filing a wage and labor claim as we speak, but is there actually some way I can be penalized for this? I didn't keep my uniform and I'm positive that they're making this up to be petty about my leaving (and about having to pay my sick leave)

It's a small business with less than 15-20 employees I think, if that makes any difference. I'm really angry and sick of dealing with these people, I just want to get paid for the time I worked and be done with it.

Answer:
 > I'm filing a wage and labor claim as we speak

Good. That will (hopefully) resolve your first issue

> but is there actually some way I can be penalized for this?

They could sue you for the replacement costs of the key and uniform. Unlike withholding your wages, they are legally allowed to do this.

If you didn't do this, they are probably going to struggle to prove their case and are unlikely to sue. But if you do receive any official court documents **DO NOT** ignore them, no matter how ridiculous you think their claims are.


Title: Landlord wants to sell my rental

Question:
St Petersburg, FL- I rented a condo through a leasing agency in August. I signed a one year lease. I've made my rent payments on time or early and I'm a tenant in good standing. The agency called me today and said that the owner wants to sell the condo before the end of the year.

She was trying to lead me to make decisions on the fly and I didn't bite. It seemed fishy, my spidey senses were tingling. She said something about how the owner would "give" me 30 days to leave or something like that. But I do know I have 9 1/2 months to leave, as that's what's left on my lease.

I'm just trying to figure out what my options are. I combed through my lease (and had my father, who rents out multiple homes and knows a bit about leasing and selling and landlording) and there is nothing about potentially selling the property. It says nothing about me accommodating buyers to visit. But ultimately, it's the owners' property, so I don't know what my rights are.

I'd also like to know what my rights are re: negotiating leaving early, as that's what it seemed like the owner and leasing agent wanted. What is appropriate to ask for, in that instance?

My plan right now is to start an email dialogue with the leasing agency, so everything from this point on is in writing. I just don't want to begin until I have a firmer grasp of where I stand in this situation.

Thanks!

Answer: The landlord or his real estate agent(s) can show the house with proper notice. You do not have to move out, the lease will carry over to the buyer. You can ask them to pay you "cash for keys" in exchange for moving out early though, if you want to.


Title: Violation of my fourth?

Question:
We are remodeling an old home we purchased... As it only had one restroom when we got to the restroom remodel we purchased a camp toilet and supplies for temporary use. My young son told someone we don't have a bathroom and cps was contacted.. a worker and sheriff's deputy went to my home outside my presence and searched my entire farm and admitted looking in the front and side windows of my home. All without a warrant or me agreeing to a home visit... While I have cooperated fully and have been found innocent of wrongdoing I would like to know if the sheriff's deputy violated my 4th amendment rights against illegal searches.. We live in Michigan

Edited to include location

Answer: How sure are you there was no warrant? What do you know was filed in connection with the CPS complaint?


Title: [OK] Someone hit my car in the middle of the night and fled. Car in neighborhood over seems to match my damage.

Question:
The title didn't explain much, and I'm new to wrecks so I apologize for the terrible details.

Basically, I woke up a week ago to my neighbor banging on my door and saying someone hit my car, parked on our curb. Of course, it wasn't on my curb anymore, but halfway into my yard. The car is totalled and no one has camera proof, nor was my neighbor an eyewitness. A white car in the neighborhood next to mine has some major front end damage to match exactly how my car would have been hit, and it was parked in a way that looks as though the path they took indicates it COULD have been going down my street. No one noticed that car having front end damage until after my car was hit.

I took a drive in our SUV to check the car out early one morning, but could not see any paint transfer. Of course, I don't want to blame an innocent person, but I really don't wanna dish out a 1k deductible and finish the 500 bucks left on my car after the claim is paid. Is it worth notifying police to at least go take a look or is this something to advise against?

Answer:
 >Is it worth notifying police to at least go take a look

Yes.

>or is this something to advise against?

No.
Answer #2: You can report to the police. Maybe you get lucky, but i doubt it.

If some dingaling wrecked your car and ran, they likely don't have insurance nor money.


Title: School tracking technology.

Question:
I go to a school in Illinois. We use Chromebooks daily for our work. Our school has had a g suite account, and gives us heavily managed Google accounts. We are required to use them to log in to our computers. Recently our school has started installing software like "Gopher Buddy" and "Chromium". They are both software to manage our accounts, track searches, block features, force updates, ect. Chromium is incredible hard to research, as it is the the same name as a beta version of Google chrome, and not on the chrome web store. Neither me nor my parents have agreed to any type of terms of service. Both services manage account data, IP address, location, and search history. They are both 3rd party software sending our data to a "secure" server, where it can be managed by school administrators. Is this legal? I never agreed to send my data, let them track my data, or anything related to our accounts in general.
Topic:
Computer and Internet

Answer:
 >Is this legal?

Yes, it is absolutely legal.  You have no expectation of privacy when you're using someone else's computer.

In fact, this is essentially how things will work if you ever get a job that provides you with a company computer.  All of your activity on the computer, and all traffic over their network, is available for them to look at.

Basically, if you want to do anything personal or private, you should use your own personal computer.Answer #2: My school uses the same thing. I admit it’s a little off putting at first but
1. They’re not trying to steal your data and sell it
2. It’s more of a back up for if someone gets reported for like watching porn on the chrombooks (yes that did happen at my school)
And 3. You probably did sign something along the lines of letting them do that in order to get the device in the first place. It’s also a CYA move for them too.
But I agree, it is pretty stupid. That’s why I’m going this weekend to get my own laptop to use instead.


Title: [New York] GEICO is trying to short me 2000 in a Hit and Run accident.

Question:
So last week I was the victim of a hit and run where the other guy got out of his car and ran on foot. He left his car at the scene and was arrested last Friday.

He totaled my used 2013 Legacy that I had purchased the car literally 1 month to the day before the accident. I had only just put in my 2nd tank of gas into the car.

GEICO is now claiming that my car's value is $2000+ less than I bought it 2 weeks ago, and I had checked Edmonds, Cars.com for the value of a car with the features Millage etc. to be almost the exact price I got.
This is a Hit and Run, completely not my fault as I was hit while doing a 3 pt turn by a guy going upwards of 100 MPH in a residential area.
GEICO SUCKS, they have kept me waiting over a week while Im dealing with a loan on a car I don't own. I had to contact the other insurance company since after 2 days GEICO didn't.

I keep getting told bullshit answers and that people need to talk to their "supervisor". They used cars from over 50 miles away from where I bought the car for "comparable" prices.

Anyone else have advice with how to deal with this? I put $4000 down on the car I bought and am not in a financial situation where I can just take a $2000 loss because some drunk guy hit me and GEICO is a horrible company.

Answer: I've always heard they use the NADA dealer guide which isn't going to be the same as edmunds, kbb, etc. This is why you have GAP insurance.