Title: Do Text messages serve as Notice of Termination of Lease?

Question:
After tenants violated the lease agreement for excessive noise complaints (at least 10 complaints in the first month), and passed out with food on the stove at 5AM, causing fire alarms to go off for a full 15 minutes before firefighters arrived and they awoke, I informed them over the phone, and in text messages that I was terminating their lease (October 14th). I gave them until November 15th to leave. I told them I was ending the lease because they violated the lease agreement, as well as the safety concern I have with other tenants  from their negligence. We agreed not to go through eviction proceedings as it would reflect on their records, and i don't want that for them.

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Then, November 2nd they asked for another chance to stay, which i denied, and I said i could give them through their Thanksgiving break, to make it easier to move. After contacting them last night, now they're saying they don't plan on leaving until December 15th, and being hostile, telling me they don't care if we proceed legally. Do my phone conversations and texts count as a proper notice of termination, or do i have to start the process all over and give Written Notice of Termination and another 30 days?

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I should say this is in Buffalo, NY

Answer:
 No, you need to have them served.

The text messages will be supporting documentation, but you need to follow proper eviction procedures or then entire process has to begin anew.


Title: WA - King county - Tenants of neighbors killing with cigarette smoke

Question:
So here is the issue, my neighbors are these cheap ass apartments which are more like dorm rooms and attract all sorts of characters. All thats ok, none of my business.

However they are insane smokers, on weekends they smoke the entrie day in their balconies and at the sidewalk entrance to their apartments which is incidentally the access to my house.

I dont like inhaling all this smoke and would like them to smoke either inside or not on the sidewalk access to my house. Is there any law or ordinance which can be invoked here ?

Answer: Thankfully, you don't get to tell other people what they can or can't do.


Title: Protecting my recipe for my baked goods (california)

Question: Hello all, I have been selling baked goods and have a very unique recipe. I am now starting to supply local cafes with my product to sell. I however do not want them to take my recipe, relabel it and well you know, sell it as their own. What precautions can I take to protect myself? I have heard of a non-disclosure form, but I am not too savvy with these things.

Answer: Your only real option is a non-disclosure and non-competition agreement with your vendors.  They will likely not be super keen on signing one of those over cookie sales.  Recipes generally aren't protectable via intellectual property law.  And proving a breach of an NDA may be challenging with a recipe.  Maybe they just made very similar but non-breaching cookies


Title: [MD] What are the typical dance steps in forming a relationship with an attorney to draft a lease and handle tenant disputes?

Question:
My wife and I are renovating a single-family detached home, local to us in MD, intending to lease it long-term. This will be our first experience as landlords, though my wife's father has been a landlord in CA for many years.  We intend to manage the property ourselves, but we do have room in our budget for third-party management if necessary.  We want to find a local real estate attorney to (a) ensure our lease is comprehensive and enforceable, and (b) represent us in future disputes or evictions.  Assuming we don't freak out and bail, we intend to acquire and rent several more properties over the next several years, so we'd really like to start off on the right foot with an attorney.

My wife intends to draft a lease herself and would like the attorney to review and recommend changes.  Is that a typical workflow?

What would be most productive for us to prepare in advance of sitting down with an attorney in this situation?  What questions should we be asking the attorney during an initial consultation?

Is this a situation in which a retainer fee is typical?  For our estimation, what amount would be typical?

Unsolicited advice or suggestions are very welcome, I expect we have some Rumsfeldian unknown unknowns. Thanks!
Topic:
Landlord Tenant Housing

Answer:
 1. That will vary between attorneys but chances are your attorney already has a form lease that's better than anything your wife could draft.

2. Questions depend on your goal. Do you just want the lawyer to draft something and be done or is this going to be an ongoing relationship?

3. A consult may be free. After that you'll have to pay. Maybe by the hour or maybe a flat fee if all you want is a lease drafted.


Title: Neighbors dumped trash all over doorstep - can I do anything?

Question:
San Francisco, California

This just happened - I haven't cleaned up the trash (which is mine) yet in case I should make a police report or document it further. Sorry if this is too trivial for LA - I am just freaked out and not feeling very safe in my house right now.

I live on the top floor of a duplex and have not had a good relationship with the neighbors downstairs. They frequently bang on the ceiling or step outside to stare at us ominously when we exit the building. I don't talk to them and the only time my SO/roommate talk with them is when they scream at us for something, such as someone "slamming the door" (we don't slam it, the door frame is very tight and that is not something we can control).

My roommate is moving out today and we had cleaners help remove items from the apartment. The cleaners took out the trash and likely put it in our neighbor's trash bin without my knowledge. The trash was behind a locked gate which only 2 other units (whom we talk to regularly) and a restaurant have access to. In fact, about an hour before the trash was dumped in front, I was discussing the trashcans with one of the other tenants and we did not see any bags on the ground in the locked area, which means they were in fact in some sort of container.

In a 30 minute period which a guest came over to our place, the neighbor dumped three bags of trash on the front stoop; one of the bags broke and there are loose items everywhere. There was no knock or attempt to contact us at this time.

What should I do? Does this warrant a police report? I am afraid they are escalating.

Answer: Honestly, filing a police report won’t probably do a thing. Just throw the trash away at your section and try not to play their game.


Title: Indecisive Police Officer

Question:
So I was driving to tucson on the freeway, where the speed drops from 75 to 65 and there was a motercycle pig (cop) sitting under a bridge. I didn't even see him and got pulled over. The speed limit was supposedly 65. So antways, he pulls me over and asks how fast I was going and I said I was just following the car in front of me and the flow of traffic. He tells me he got me going at 91, and I said there's no way. He then goes "well I got you at 89" and I said, "I thought you said 91, what happened to the 91?" And he goes "I got you twice". I then asked him a few questions like was he stationary and did he radar me. He says he used a laser which is what the ticket says. The ticket says 89 in a 65. In court, can I discredit him by saying he pulled me over saying 91 then changed to 89. Or can I discredit the calibration of his laser? Any suggestions?

Can't afford this ticket, so any advice is much appreciated.
How often can you take the online drivers ed to remove a ticket?

Thanks

Answer:
 89 or 91 doesn't really make a difference.  He will testify about the laser being calibrated; you can try to show it wasn't.

Best suggestion is don't refer to him as a pig.Answer #2: >Can't afford this ticket, so any advice

Easy. Don't speed.

I doubt you have much in the way of defense given the circumstance described.


Title: Dentist cut my wife's lip requiring 4 stitches

Question:
Pretty much what the title says.

My wife hasn't been to a dentist in a few years. She went to our dentist this morning to get her retainer fixed and to get a few cavities filled.

At some point, the dentist cut my wife's lower lip in the corner of her mouth. Her mouth was numb at the time so she didn't really notice. The dentist acknowledged that he had "nicked" her, put some ointment on the cut to reduce bleeding, and finished his work. He later commented that she might need stitches, but eventually told her she would be fine with Neosporin and a bandaid and sent her on her way.

When she got home, my wife realized that the cut was completely through her lip and *much* deeper than the doctor had made it seem. She called the dentist's office back to tell them that she needed stitches and they referred her to an oral surgeon who gave her 4 stitches, thankfully, free of charge.

We're definitely not looking for a lawsuit or anything but I wanted to know our recourses. Especially since we just paid said dentist a $650 deductible. Thanks in advance, Reddit!

Answer: You don’t need to say you’re going to sue, but you can speak with the doctor and request their liability insurance carrier. Present a claim for the accident and see what they offer. The doc doesn’t have to give you any info, in which case you’d need to get an attorney. Answer #2: I'm confused, you say you're not looking for a lawsuit, but they fixed the error they made. What are you looking for?Answer #3: Your recourse is you got 4 stitches free of charge. The Dentist doesn't owe you back all of the money for a fixed retainer a few cavities because of a cut lip. If you're unhappy you should probably find a new dentist.


Title: Got scammed, reported it to company, now in legal trouble?

Question:
Got scammed by an employee of a small company. Reported said employee to boss of company and they just told the employee and gave them my info.

Employee is now threatening to sue for defamation and is harassing my friend that I mentioned who was also there at the time.

I believe I have adequate proof that I did actually get scammed, didn't want to go to court but just wanted to report it.

How screwed am I?

Location MI, United States

Sorry. Thank you for the advice. Just freaking out over here.

Answer: They're just saying things to scare you. Ignore them.Answer #2: Defamation has to be false to be defamation.


Title: Pager duty for hourly employees, IT company in CA

Question:
We rotate a pager between 10 people.  Some people are salary, and some people are hourly, like myself.  They expect us to respond within 15 minutes of the page, if not it alerts management. Pages only occur during non business hours so anywhere between 5PM - 8AM. Hourly employees would clock in with the app and respond to the page.  But this limits me from not being able to go to the movies, leaving my home area, riding my motorcycle, things of this nature.  We have a majority of healthcare and wineries clients.  Pages could be anything from a helpdesk call, low ups power alert, or a server going down and you will have to go onsite to that client.  It beeps throughout the night with low ups power notifications and really restricts me from leaving the house over the weekend.  We are not paid for the hours it doesn't beep, but it is really restricting!  We are only compensated a 100 dollars for taking the pager that week and anytime where it beeps and we have to clock in to repsond.  Is this illegal?  And if so how can I do something anonymously?
Thanks for your help!!

Answer:
 [The California Department of Industrial Relations on callback/standby time](https://www.dir.ca.gov/dlse/callbackandstandbytime.pdf):

> Whether on-call or standby time off the work site is considered compensable must be determined by
> looking at the restrictions placed on the employee. A variety of factors are considered in determining whether the
> employer-imposed restrictions turn the on-call time into compensable “hours worked.” These factors, set out in a
> federal case, Berry v. County of Sonoma (1994) 30 F.3d 1174, include whether there are excessive geographic
> restrictions on the employee’s movements; whether the frequency of calls is unduly restrictive; whether a fixed time
> limit for response is unduly restrictive; whether the on-call employee can easily trade his or her on-call
> responsibilities with another employee; and whether and to what extent the employee engages in personal activities
> during on-call periods.

Based on what you've described, it is likely that the entire time you're on pager duty would be compensable.


Title: Back injury at work about 9 years ago. They told me it was just a sprain but it’s actually worse. What can I do?

Question:
Hello r/legaladvice. I’m 29 years old, female, and I live in California. Lemme give some back story..
20 year old me worked at Savemart Supermarkets. I was going about my duties one day and my manager told me that I had to clear the shopping carts from the parking lot as fast as possible since the “big boss” was getting ready to go to lunch. He told me that everyone else was too busy to help. I went out by myself and cleared twenty-eight carts in five minutes. While I was walking back inside I instantly felt something was wrong with my back. I tried to ignore it and continue working but eventually it got to be excruciating. I went and told the big boss and they quickly wrote me up (for pushing too many carts by myself) before I went to the emergency room. So the ER took some X-rays, told me they saw nothing, and then sent me on my way with extra strength ibuprofen. I was in so much pain that I could barely move. On the following Monday I was seen at the workers compensation doctors office and they took an X-ray and poked their hands around my lower back. The doctor told me that it was just a sprain and gave me a brace, extra strength ibuprofen, and icy hot. I had no clue about anything having to do with medical practices at the time and trusted that they knew what was best for me. I did my best to get over it thinking it should be better soon.

About two years after the injury, I was still having problems. One day I had enough of the pain and went to talk to my primary care physician. She basically told me that there was nothing wrong, it must be another sprain. She sent me home with extra strength ibuprofen and prednisone (steroidal anti-inflammatory). After being told twice it’s nothing and nothing could be done, I started to give up again.

Fast forward to February this year. The pain is now so bad that I can’t deal with it any longer. I’ve practically been bedridden for the last few years of my life. One night I suddenly felt extreme sciatic nerve pain shooting from my lower back to my left calf. I saw my primary care physician again and she tried to persuade me to just take extra strength ibuprofen and prednisone. I told her I had enough of taking these medications and that I needed to see a specialist. She reluctantly referred me. I told the specialist about my situation and the injury. Within just a few minutes, he told me it sounded just like a herniated disc. I had an MRI done shortly after seeing him. This is the diagnosis:
L4-L5: Minimal circumferential disc bulge, flattening the ventral thecal sac. Moderate bilateral facet arthrosis. Mild left greater than right neural foraminal narrowing. No central canal stenosis.
L5-S1: Moderate bilateral arthrosis, greater on the left. No central canal stenosis or neuroforaminal narrowing.

Is there anything legally that can be done? I’ve been practically bedridden for the last few years from this. I haven’t been able to work in over three years.

TLDR: 29, female, California. Back injury at work 9 years ago was told it was just a sprain by the worker’s comp doctor. Years later saw my own physician and they said the same. This year I saw a specialist and they diagnosed me with a bulging disc that’s putting pressure on nerves. Can’t work. Is there any legal action I can peruse on the supermarket I worked for or the workers comp doctors office / my own doctor’s office that brushed me off?
Topic:
Medicine and Malpractice

Answer: IANAL. But I am a nurse. None of those MRI findings are related to pushing carts. Most just reflect how you are built. The best thing to do at this point is to be active regardless of the discomfort. None of the MRI findings are indicative of a dangerous or progressive situation. Ask your primary care doctor for a referral to a physical therapist.


Title: [PA] I sometimes get personal orders shipped to my office and a "central receiver" employee opens them to scan the shipping label. Is this legal?

Question: I got my answer and I thank all who participated!

Answer: There will be 0 chances of your packages getting opened by your employer if you don't have them delivered to your employer.Answer #2: No. It is an office. It is not your home. You willingly ship it to someone else knowing how their mail processing works. Ship it to your home if you want it to be private. Answer #3: Is it legal for him to open packages that are mailed to your institution of which he's been hire to receive and process all packages....think about that for a second. I don't simply want to sound sarcastic so I'll offer you this bit of advice, get a PO box.


Title: I’m planning on moving to South Africa to live with my SO.. help?

Question:
I’m in a long distance relationship and I’m from Australia and he is in South Africa.. I’m deaf and I have free hearing implants and cheaper discounts on medical stuff and idk if SA supports that. if this helps I have a skin condition called keratitis, icthyosis, deafness syndrome. I am unable to work and I live off of disability pensions and other ones from Centrelink. I want to know how to move out and do this right so there’s no problems
Topic:
Disability Issues

Answer:
 You want a country where you are not a citizen and have never worked or paid into insurance to take care of you?Answer #2: Not a legal advice but please for dear God, reflect on yourself before doing such a move. Long distance relationships often break down instantly because of the troubles that can only be seen in face value.

Please think a million times before doing this. I know it's hard, but being dependent on yourself alone, even in relationships, is the best approach to life.Answer #3: Are you planning on getting married? Are you a wealthy investor?

If the answer to both of those questions is "No" then there is virtually no way that a non working Australian can immigrate to South Africa.

It's extremely unlikely that you will be publicly supported as an immigrant in South Africa.

The median income in South Africa is about $500 Australian dollars per year.

The maximum disability grant is $170 Australian dollars/month.

It's really unreasonable for someone who lives on public support in a wealthy country to expect to move to a poor country and be publicly supported by the poor taxpayers who live there.


Title: [Belgium] I am getting evicted of my own house

Question:
 I'm here because I have a problem: I am the legal co-owner of my house (with my sister). Some time ago I took a tenant in the second floor. He was chosen by me and the public service \[CPAS\] which are the one who came to me to propose me to take a tenant in my house, since it's a big one and I live alone. Everything went fine, I never had problems with him, he is physically disabled at 66%.

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 However, since a short time (a month, a month and a half) he has become really violent. He hit me (I have a written record from my doctor), he destroyed my door, he has serious problems with alcohol. But he was the first to contact the police. I cannot file a complaint right now , in fact, I have been verbally told Thursday the 22th that I had to leave my house by Tuesday 27th. They will come with a truck and a bailiff to take note of my leaving. I am being evicted of my own house! It seems that the police and the bourgmestre /mayor are on his side - maybe because they know each other (it's a little town) maybe because he's heavy disabled. I have been told to send him a letter ONCE I'm out of my own house to ask him to leave, with a 6 month notice.

The police will come tuesday, and I actually don't feel safe in my own house. While this man is disabled, he's really strong ; I'm also afraid that if I quit my house for whatever reason I need to go out  the police and him will just lock me out in advance. I can't even sleep anymore. What can I do? How can I protect myself? Do they really can force me to leave my own house?

Answer:
 It sounds like you are well past the point where you need professional legal help. You should really consult with a lawyer ASAP, and definitely before the Tuesday deadline.Answer #2: Since you are from Belgium, check [juridischforum.be](https://juridischforum.be). They can probably help you.

Is there already a verdict? Have you seen the judge already or did you miss the appear date? It sounds strange to me that can evict you without a verdict.

Anyway, you'll need a laywer.

Eviction note does not need to be 6 months, 3 months is usually ordered. Answer #3: NAL but what I would do is set up cameras in the shared spaces and outside of his living space, and also in your living space.  Be sure there is not any vandalism or trespassing while you are out.

I don’t know anything about the rest of the situation but that is how I would protect myself from further harm.

Edit:  in the US usually a part of the lease is that a tenant can be evicted almost immediately if they break the law, in your case may be him breaking he door.Answer #4: Nal have  you tried speaking with Cpas since they brought you the tenant I am assuming they pay some part of his rent also if the house is 2 units/ Apartments cant you rent out your part of it to prevent him taking over the house and causing damage to it?
But you really should speak to a lawyer asap.


Title: would I need a lawyer if I testified

Question: I have two family members that abuse drugs and have them in the garage and used them in front of me on multiple occasions. Would I require a lawyer if I testify against them?

Answer: No. Not unless your testifying might cause you to admit to committing a crime.


Title: Potential employer called my present employer for reference, without permission. When I had "references available upon request"

Question:
Hello All,

Here is my situation. I applied for a position and was going to attend an interview.

My resume obviously had my current employers name.

But my resume stated "reference available upon request"

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Before attending the interview, I have a change of mind about the position and cancel attending.

WELL..  I found out the people from the position had google my current employers number

and done an almost whole reference check!

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I am really outraged.

1. I never attended an interview.
2. My resume stated "reference available upon request"

I am after a small bit of advice.

I am in Australia and plan on making a formal complaint to the company that called my employer.
What laws have they broken, or could they have broken?

What should I say in the formal complaint.

Answer:
 While highly discourteous to do so without asking or notice, it's almost certainly not illegal to call an employer and ask what they think of X employee.

And your current employer probably didn't do anything wrong either as employee records are exempt from the Privacy Act 1988.


Title: Questions about the legality of working for a drug dealer

Question:
My friend is a drug dealer in South Dakota and he wants me to work for him at his apartment to help him stay organized and stuff.  He wants me to help him package orders and count money, and things like that.  He said he'd pay me a percentage of the profits that he makes each night.

I understand that possessing drugs is illegal in South Dakota but I'm wondering what my legal culpability is if I'm handling drugs that don't belong to me in somebody else's house.  What would happen to me if cops kicked in his door or something while I was there alone?  It's not a big operation and it's a really rural community so the apparent risk is low.  I'm just trying to figure out the worst case scenarios.  Thanks

Answer:
 You'd be participating in a conspiracy to distribute illegal drugs, if not actively distributing them yourself.

So you can go to prison just like he can when the authorities find out your involvement.


Title: (WA State) Woman keeps calling the police and filing false reports after disagreement, sheriff keeps showing up at my house. She’s making threats. What’s my recourse?

Question: So, buckle up guys this is a long one. My mother has a history of making questionable decisions, and recently she bought a car from her boyfriends sister. The sister signs the title over, and has it mailed to MY address. No idea how she got my address, I don’t speak with this woman, I barely know her. She gets upset because my mother has the title, claims she doesn’t remember signing the car over and calls the police and says my mother stole the car. Police show up at my house, and I direct them to my mom. Police see no crime being committed, since title is in her name and go on their way. Police show up again last night, an anonymous call sending them to my house under allegation of child abuse, claiming my younger brother was being starved and hasn’t been fed in days. My mom happens to be at my house with my brother, they talk to the brother, find out it’s a lie go on their way. The sister begins texting my mother, saying that “I’m gonna ruin you. I’m gonna ruin your entire family. I won’t stop until all your lives are destroyed.” Follows up with “I’ve had people following all of you. My GF is a cop, I’m gonna f**k you.” She continues texting my mom into the night, making similar threats and saying she’s stalking my family. What is our recourse? I can’t handle having cops showing up at my doorstep everyday.

Answer:
 You call the police yourself. Call the non emergency line and ask for an officer to visit when there's time to discuss harassment, false reports, and threats.

In the meantime, if she contacts any of you again, reply one time to say only: "do not contact me again.". Nothing else.

The police will talk with her, and if she continues you'll be positioned to go to court for a restraining order.Answer #2: Write down everything that has happened with times and dates.

Save all the texts.

Using the police as her personal harassment unit is not going to go over well with them. False reporting is a thing with legal consequences.

Call the police, report everything, and get a restraining order.

Also, why can't the boyfriend talk to his sister about this?Answer #3: Something isn't clear here - did Mom pay for the car in full?  If not doing so may get her to stop her behavior


Title: [NY] I have a temporary complete stay away order of protection against my mother. We go to court tomorrow to finalize it. She just "accidentally" texted me. Is this against the order?

Answer: This is a great question to ask the judge at the hearing tomorrow. Keep the text message ready to go. Judges really hate it when their orders are flouted immediately.Answer #2: Does the order say she can't contact you? If so she did indeed violate the order. Answer #3: Yes. Show proof in court tomorrow.


Title: Found a 1 star review online for my place of employment that uses my full name very negatively.

Question:
I'm going to keep this sort and sweet. I was bored one day and decided to google reviews for my place of employment (bank). I stumbled on a Yelp review from a customers name who I recognize as being a problem when they were in our branch location (demanding certain things be done to some accounts that he actually had no legal rights to).

Anyway, said 1 star yelp review just talks about how crappy the company is, how we supposedly misplaced his social security information (what??) and how he was generally displeased. He then went on to write out my full name and talk about how incompetent and horrible of an employee I am as well as all sorts of other negative things. Id really prefer if my name was not listed in this review. Do I have any legal ground here? Can I sue for Slander? Is this something I should bring to the corporate legal department?

EDIT: Thank you all for the information. Unfortunately it looks like I cannot do anything. It definitely sucks that this now comes up when you google my name, ideally this does not effect future job oppotunities :/

Thanks!

Answer:
 It isn't illegal to post your opinion about someone this way. Answer #2: If what he's saying is not true you could but I guarantee you it' not worth your time. You might try reaching out to Yelp and seeing if they will censor your name.Answer #3: >  Do I have any legal ground here? Can I sue for Slander?

Conceivably, you could sue if you could definitively prove that the person **knew** that they were making a false statement.

Given that "incompetent" and "horrible" are opinions, you have no real leg to stand on.  He can feel you're incompetent and horrible even if you disagree.Answer #4: Not legal advice, but you could try reporting it to Yelp.

https://www.yelp-support.com/article/How-do-I-report-a-review?l=en_US

Review sites usually do not remove information but it's worth a try.


Title: [California] A stranger had my car towed without my knowledge/permission (not towed by the city)

Question:
edit: [update here](https://www.reddit.com/r/legaladvice/comments/403uki/update_a_stranger_had_my_car_towed_without_my/)

In Los Angeles, California.

&nbsp;

Last month I came out of a Christmas party to find that my car, which had been parked on the street, was gone. I assumed it had been stolen, or that it had possibly been towed (although I believe it had been properly parked). I went to the police station immediately and reported it as stolen. The police said it wasn't showing up in the tow system, so it probably was stolen, and I kept checking the city tow system for the next few days–it didn't turn up.

A few days later I left town for the holidays, and 8 days after the car was gone, while I was away, I got a call from the cops saying it had been recovered and was available to pick up at a tow lot. I had hoped it would be recovered, so I left a notarized letter with a friend authorizing her to pick up my car. I called her and she was able to get the car the next day. When she picked up the car, however, she discovered that it had been sitting in a tow lot since the night it had disappeared, and had in fact been towed from where I had parked it (never stolen at all). It didn't show up in the tow system because it was towed privately, not by the city, and the police were only contacted after the car had been sitting there for so long that the tow company put a lien on it. My friend then had to pay $950 to get the car released, for towing and storage fees (I reimbursed her, of course).

After a number of calls to the tow lot and the roadside assistance company that authorized the tow (Agero), I discovered that my car had been towed by Goodyear Tow365, which is operated by Agero. Apparently Goodyear Tow365 allows you get your car towed and be charged later, so the person who called it in didn't have to pay or sign anything to get it towed.

A representative I spoke with at Agero was able to listen to the recording of the original tow request call and relay the following information to me (I have not listened to the call myself):

A woman that I've never met or heard of, Jane Doe, called Goodyear to have my car towed. She indicated that she lives in the neighborhood where my car was parked. She gave them my license plate number and the correct make, but an incorrect color (it was dark), model and year of the car. The reason she stated to have the car towed was that she didn't have the keys. She also indicated that she would not be present at the vehicle when the tow truck driver arrived.

The representative admitted to me that the call made it clear that the car did not belong to Jane Doe, but was unable to explain how or why the tow was approved anyway. She suggested that what Jane Doe did was likely illegal, but when I countered that surely a private company towing a car without a valid reason or the owner's permission must also be illegal, she evaded the question, and just said that as far as the tow truck drivers are concerned, "a job's a job". I asked to speak to someone higher up and was told no one was available at present and that they would call me back tomorrow.

I also have Jane Doe's number from the tow lot paperwork, though I have no idea if the name or number are real, as I haven't made any attempt yet to contact her directly.

I can only speculate as to Jane Doe's motives. My best guesses are either that this is some kind of scam with the tow lot, or that she didn't like where I was parked. Although I'm fairly confident I was properly parked, I suppose it's possible that I was blocking her driveway or something (I am 100% sure that I was parked on the street, and not on private property).
&nbsp;

Either way, as far as I'm concerned, there are two parties at fault here: Jane Doe and Agero.

* Jane Doe, because even if I had been blocking her driveway (which I really don't think I was), she should have called the city, and not a private towing company.

* Agero (or maybe Goodyear 365Tow?), because they authorized the towing of my car despite there being no valid reason to tow, and no owner present.

In addition to the $950 I had to pay to get the car released, I also had to pay $80 to rent a car for the three days between when it was towed and when I left for the holidays, and also about $50 for Uber rides getting home from the police station, and getting to and from the car rental place. I am hoping to recover this money from someone.

I am still waiting to hear back from an Agero supervisor, but I can sense from the people that I've spoken to so far that they are doing their best to avoid liability for this. Assuming they don't agree to reimburse my costs, does anyone have suggestions as to what to pursue next? Agero's corporate headquarters are in Massachussets, would it be possible to take them to small claims court here in Los Angeles?

As for Jane Doe, I am not really interested in legal retribution, but if I wanted to take her to small claims, would it make sense to file a police report about her actions? The only information I have about her is name and phone number, and I have no reason to believe that the information is valid, given that no one involved in the towing did any work to confirm any of it. I am waiting to attempt to contact her, in case there ends up being any legal action.

Any advice appreciated.

Edit:
Thanks everyone. It seems that filing a police report (or amending my previous one) is the prudent first step. After that, the hassle of small claims.

Edit 2:
Just got off the phone with the desk officer at the police station I filed the original report at, and he basically told me it sounded like a civil matter and not to bother him with it. But he also said I could try calling tomorrow during the day when the auto detectives are in, so I will try that.

Edit 3 1/8:
Spoke with an auto detective. It was hard to piece everything together over the phone, so he told me to go into the station on Monday when his boss was there, with the hope that something can be sorted out.

Edit 4:
Issue resolved. Posted an update [here](https://www.reddit.com/r/legaladvice/comments/403uki/update_a_stranger_had_my_car_towed_without_my/).

Answer: Los Angeles has a Tow Truck Complaint Hotline specifically intended for reporting suspected illegal/unethical activity from a licensed tow truck operator. Call 323-680-4-TOW (4869) and let the city know.Answer #2: I used to tow cars for AAA. First off, no tow company that runs a tight operation tows a car without proof of ownership. From what the rep told you, it sounds like the Jane doe was calling to have "her" car moved,  so a quick look at the registration would have confirmed it wasn't hers (it takes five seconds to unlock most cars). Secondly, if that's the case,  why would they tow it to there yard? That makes zero sense. Take it a dealership, or a lock smith. You got scammed by one of the oldest tricks in the book. File a police report, take them to small claimes. This was not only an illegal tow, it was done to commit fraud. What make model was your car? Only certain types can't be unlocked. I really smell bullshit here.


Title: (Oregon) Any legal basis for an executor to hold an estate disbursement from someone with active arrest warrants?

Question:
When my grandparents died, they left half of the value of the estate to be divided between 6 grandchildren. Another family member is the executor, and absolutely means well/wants to do what my grandparents would have wanted, within the realm of the law. The estate was located in Oregon.

One of the other people who should be expecting a disbursement currently has outstanding warrants, and lives in, the state of Oregon. Both warrants are from a failure to appear on meth and weapons charges; clearly handing this person a large chunk of money is not going to be in their best interest at the moment, with the drug issue still being a large problem for them. Is there any *legal* grounds to be able to withhold their portion of the estate or place it in a trust until either there is no longer an outstanding warrant or until their prison time (which, with two consecutive failure to appears on two separate sets of charges is almost a guarantee at this point) is completed? Not enabling them further, until they have their life at least headed in the right direction, is the idea.

Answer: /u/Oregon_guy anything Oregon specific that would allow for something like this? I'm guessing no?


Title: Should I sue the guy who did my tile in my kitchen? Need any advice.

Question: I live in New Hampshire the contractor lives in MA. My father in law recommended a contractor he knows to install our kitchen backsplash and tile floor for $750. We bought all materials. He set it all up, called the guy, setup a day/time to come, etc. Long story short, the guy f**ked up the entire thing. TONS of lippage on the floor, grout lines are all different thickness, tiles not lined up, cracking grout where water will surely get in. Backsplash was better but still not great, one of the tiles fell off behind our range but is hidden by the range, he smashed grout into a couple of our outlets (literally the entire outlet was grouted over). Spoke with father in law, he tried to get the guy back to fix it. The guy came once to look at it and said he would need to call his boss to see what they need to do. Now my father in law said they aren't doing it and he'll try to get our money back plus money back for material. However, I'm not sure he will be able to get the amount I want back. I want my money back that I paid for labor $750 (cheap but the work done was complete crap), I want the cost of materials back which was around $700 (quick guess, could be more) and whatever it would cost for someone else to rip this stuff out. How easy of a case at small claims court would this be? I have pictures of all the bad work that was done and receipts of all the materials.

Answer:
  You can sure sue. Can you win and collect?

 1) work was done. He will argue it was done well or at least ok.

 2) what did your contract or agreement spell out in terms of work to be done.

 3) How do you plan to collect if you win a judgment?

 Just things to consider. Its sort of the "you ate the meal" conundrum.


Title: Gun carrying advice.

Question: [deleted]

Answer:
 > What should I do?

Not illegally carry a firearm? I'm leaning hard on not illegally carry a firearm. Answer #2: You have to be 21 to carry a handgun in Wyoming. What do you mean your parents refuse to let you leave? Do they strap you down to the back of the Winnebago and won't untie you until you have a gun in your pack? You're an adult, you can leave the campsite whenever you want to. Maybe you shouldn't go on this camping trip if it requires you to break the law.


Title: Traded nude pictures with a girl I believed was an adult, her parents called me the next day threatening to call the cops

Question:
I'm going to try to condense this as much as possible. Girl messages me online, says she's 22. We trade small talk for 2 days, at the end of the 2nd day she sends me pictures of herself drinking. Then sends me a nude and asks me to trade nudes back, which i do. She tells me she is going to record a video on her laptop and send it to me, then never replies. The next day I get a call from a guy claiming to be a private investigator, saying he's been hired by the family of the girl i was texting saying that she is 15. I explain to him that she led me to believe she was 22, he tells me that it doesn't matter and that I am at fault for the exchange because I'm the adult, and he tells me the father wants to talk to me.  I get a call from the girls phone, which I ignore.  The private investigator calls me back saying that the father is attempting to call from her phone because he doesn't want to give out any more private information about himself or the family. The father tells me that it was my fault the girl was drinking, and that she broke her laptop because of me and expects me to pay him the 1000$ that it costs to replace it or else he will turn me in, and that they want to accept the money anonymously through paypal.

I honestly think its a scam, and if it is they played it out pretty convincingly. But if there is any chance that this is true and I am in legal trouble, should I go ahead and attempt to speak with a lawyer? I'm by no means rich and had no intentions of talking with a minor, never have been in trouble with the law my entire life

Answer:
 This is a scam.Answer #2: It’s a really old scam. Block them and don’t send nudes without knowing the person you’re sending them to, and how old they are. Answer #3: There is no girl. There is no parents. There is no laptop. There is no $1000.

I am not even 100% sure Nevada exists.Answer #4: Scam. The  broken laptop thing is almost probative.There never was a girl. Block.Answer #5: Very common scam, googleably common.


Title: [CA] I'm a beneficiary of a trust and I feel like something fishy is happening.

Question:
I'm going to try and give a quick summary of what has happened so far:

* My grandmother passes ( about 6 months ago )
* The trust names her son ( we will call him Jim ) and her cousin ( we will call her Betty ) as co-trustees and
* The trust says that Jim gets 50% and my father ( her other son ) gets 50%. But since my father passed away, his 50% is split between my brother and me.
* Jim transfers all assets except for the house into his name immediately
* Betty has no idea this is going on until Jim asks her to sign a form so he can transfer the house into his name and girlfriend's name
* Betty puts up a fight and this is the point where I first learn that I am a beneficiary.
* Jim sends out 100k of the assets - however he gives 40% to my brother and me and then 60% to his kids claiming that "This is what she wanted."
* My brother and I agree to sell our portion of the home to Jim because we don't really want it.
* The lawyer that was named in the trust ( we will call him Don ) sends an email to Jim informing him that what he did was wrong and that there is a conflict with him representing both Jim and Betty. Don requests that Betty decline to act as co-trustee and will be "retained to protect you ( Jim ) as Trustee of the Trust." This email gives me the first rough estimate of an accounting of the assets - around 500k.

I'm confused because I thought the lawyer was supposed to represent the trust and not the trustee. And I'm worried that if Betty declines to act as trustee, Jim will be able to do whatever he wants since he was basically already doing that. Is my situation normal here? Should I contact Don? Should I seek my own attorney?

Answer:
 You and your brother need your own probate lawyer today.

Do not share an attorney with Jim or Betty or anyone else.Answer #2: Get your own probate lawyer. Seems like you are inheriting enough to make any lawyer fees worth it. It is still sad that this happens and is posted so much on here. People are vultures.

however he gives 40% to my brother and me and then 60% to his kids claiming that "This is what she wanted."

If that is what she wanted she would have written it in her will and not done a 50/50 split.Answer #3: An attorney generally represents trustees in their capacity as trustee. Usually the trust itself is not represented by an attorney.

Based on what you have written, it sounds as if Jim is breaching the fiduciary duties he owes to the trust beneficiaries. You should contact an attorney with experience in fiduciary litigation and discuss your options, including potentially seeking an injunction to stop any further actions by Jim or filing suit to seek Jim's removal as trustee and to recover any misappropriated trust assets.Answer #4: Run, do not walk, to an Estate Attorney. You need your own attorney now, he or she will request copies of ALL paperwork and shenanigans already performed and make certain you get your fair share.
Do it today though. And if you are unsure, call your County Bar Association for a recommendation for a local Estate Attorney with high ratings.
Technically and legally your other family members shouldn't be able to be doing Anything without your input and signatures -   You Do need your own lawyer at this point.


Title: Landlord entered house to fix something, started shouting at me, and wouldn't leave when I asked

Question:
This isn't in the US, I'm in Germany for my studies. I have NO idea about the laws here.

I rented a short term furnished apartment, I have a contract and everything.

There are some broken things in the apartment so I let my landlord know about them. She didn't respond so I asked again and she told me she was coming over the next day. When she arrived, she was in a terrible mood. Looked at one thing, "That's been broken for years, I'm not fixing it" and made fun of me for reporting a dripping sink "Maybe we should hire a cleaning lady for you to wipe up the water because you can't do it yourself?"

Her tone became increasingly hostile and it was clear she would not be fixing these things. I calmly told her I wasn't feeling comfortable with her tone and to please leave. She got even more angry, you can't ask me to leave, etc. I told her, it's my apartment and I can. No, *I* own it, continue ranting, yelling. At this point I was very frightened and was on the brink of calling the police. She finally left and slammed the door.

I was really scared by this. I'm even more scared that she has the key to my apartment and was saying things like, "It's my apartment, I do what I like, etc". I'm trying to get legal information but it's hard.

I would like to say that she was trespassing, because I clearly told her to leave, and she did not. The fact that she left before I called the police doesn't excuse the behavior. I'm considering making a police report due to the fact that she trespassed on my property for a while when she refused to leave.

Does this make any sense? Will the police laugh at me if I do this?

Answer:
 Im not sure about the details in this particular situation, but tenants rights in Germany are incredibly strong.  Find and contact your local renters association, which you can search for here: http://www.mieterbund.de/startseite.html and ask them for advice.

Just off the top of my head, "its my apartment and I do what I like" is pretty far from how things actually work for landlords in Germany.


Title: My brother was fired for refusing to arm himself and be ready to defend his store from a possible shooter

Question:
My brother works in Phoenix Arizona and was fired this morning.  Apparently last night the owner of the company got into it with someone and was shot at (shot out the windows in his truck).  The shooter also threatened to come to his place of business and shoot it up.

This morning my brother arrives at work and is told about the situation. They hand him a gun and tell him to be ready to protect himself.  He didn’t feel comfortable or safe and decided to excuse himself from the premises (he has three young children to consider).  They then fired him for being a “chicken shit”.

Calls to OSHA and the Dept. of Labor have been less than helpful.  They basically say this is a private matter and they won’t deal with it.

Reddit, what should he do?  What options does he have?

**Edit:** Thank you all for your advice. After considering the situation it seems the best course of action is to just file for unemployment and try to move past this unfortunate event while looking for a new job. He probably will not talk to the press as he doesn't want to jeopardize future employment prospects. Thank everyone for your comments.  Reddit always seems to come through when you need help getting answers to a difficult situation.  Again,  thanks...

Answer:
 Unless he had an employment contract, he has no particular recourse.  They can fire him for nearly any reason.

He can file for unemployment, and he'd likely be fine there.Answer #2: Absent a contract he is probably out of luck. They can fire him for any reason short of being in a [protected class](http://en.wikipedia.org/wiki/Protected_class) (race, religion, sex, etc.).

So if they want to fire him because they think he's chicken shit for not wanting a gun, well, they're allowed. His option is to file for unemployment and look for a new job.Answer #3: > They then fired him for being a “chicken shit”.

LOL. If there's ever an [Idiocracy](http://www.imdb.com/title/tt0387808/) sequel, this will be an official unemployment comp denial category.

Fortunately, he won't be denied on that basis in the year 2015. He should apply for unemployment comp. If his initial claim is denied, appeal.


Title: [CT] My employee lied on her resume about her education and a certification. Can I take action 9 months later for this?

Question:
I manage a dental office and hired a front office person in January. On her resume she indicated that she is a Certified Dental Assistant and had experience at one dental office doing so. This is ultimately what got her hired over other candidates as she would be able to fill in for dental assistants on top of being the front office assistant. After a personal altercation which involved her telling a major lie, it lead me to look at some of what she has said/done at work and ultimately to verify her certification. She is not certified in any of the various qualifications and does not have the CDA title.

She has done some basic filling-in at our office and should not have been. She has also told us on multiple occasions that she is certified, and I have the resume she submitted with her application stating so. Due to this, we want to let her go. She is the type to seek out legal help if we were to do so. Do you think we will have any problem fighting this if she does come after us?

Thanks for your help!

Answer:
 She is an at will employee, which means you can absolutely fire her for this if there is not an employment contract.

If there is an employment contract, you would have to fire her per the terms of the contract.Answer #2: It's never too late to take action, just ask MIT and [Marilee Jones](https://en.m.wikipedia.org/wiki/Marilee_Jones).


Title: If I win the lotto is it legal for me to get $100,000 in cash and drop it from an airplane over the city?

Answer:
 Someone tried dropping $1000 in dollar bills into the Mall of America rotunda. He was cited for disorderly conduct.

[https://minnesota.cbslocal.com/2013/11/30/man-cited-after-tossing-1000-into-moa-rotunda/](https://minnesota.cbslocal.com/2013/11/30/man-cited-after-tossing-1000-into-moa-rotunda/)

Basically if you can think of something that causes a commotion that's not specifically named as illegal,  there's still laws like disorderly conduct, drunk in public, and creating a disturbance.Answer #2: It is probably a federal crime.

>  14 CFR § 91.15 - Dropping objects.
No pilot in command of a civil aircraft may allow any object to be dropped from that aircraft in flight that creates a hazard to persons or property. However, this section does not prohibit the dropping of any object if reasonable precautions are taken to avoid injury or damage to persons or property.

A retiring pilot might be persuaded to suffer the responsibility. If there are no accidents nor violence triggered by your largesse you will likely not be prosecuted, and there's a very small chance that, if prosecuted, the jury will spare you.Answer #3: Well, no, you'd be littering.


Title: How is it fair that people can go to jail for rape if they were lied to about the victims age, if the victim had a fake ID, if the victim consented to it?

Question: I just don't understand how much more the average can do to 100% know they are 18+

Answer:
 From a strictly legal standpoint:

Jurisdiction plays a major role in this as some states are strict liability and others allow a mistake of age defense within certain parameters so that deliberate, thorough deception would be a defense.

So for example, NY is a strict liability state. If you have any doubt that a paramour is under age, don't continue the relationship. In WA, if you met the paramour in a bar, they looked old enough to be in there, and they showed a fake ID saying they were 21, under 9A.44.030 you could have an affirmative defense.

This stuff is really only a concern if you're close enough in age and young enough that you'd need to look up things like Romeo and Juliet laws. Otherwise, stop looking for legal loopholes so you can groom kids and get your life together to the point where adults your own age will want to be in a relationship with you.Answer #2: They could not sleep with that person, that would guarantee things.


Title: [California] Can I record myself next to a cop saying "bababooey bababooey howard stern's penis bababooey" and not get arrested? Assuming I am randomly on a street next to a cop

Answer:
 Is it legal? Yes.  Can the cop dream up a reason to arrest you, such as disturbing the peace? Yes.

The arrest won't stick, but there will be no negative consequences for the cop, and you might have an arrest record or some other publically-embarrassing record out there, all for a radio stunt.


Title: [Georgia] Ex is threatening to take our kids away while expecting me to watch and care for them.

Question:
So me and my sons' mother recently split up. There was some mutual physical and psychological abuse towards each other but never the kids.

It has been about 2 months since the split. I have been caring for the kids everyday while she works and multiple nights with and without my consent. Watching the boys during her constantly changing schedule and sudden refusals to retrieve them have prevented me from finding a job and I have been reduced to sleeping on my mother's couch.

Do I have any legal recourse here? I would like to mediate a shared custody agreement but she just wants me to watch the kids whenever she wants with no compensation or negotiation. At this point I would rather just have full custody over them to keep them from having to experience the stress of a constantly changing schedule and constant arguing between us.

Some detail that is probably important is that our first child was born in Florida, the second in Georgia. They were conceived and born out of wedlock although I am listed as the father on their birth certificates and they both share my last name.

What do I do? I don't want to take my kids away from their mother but I don't want to lose them or be at her beck and call.

Answer:
 Honestly, it sounds like she's been abusing your goodwill.

You're going to want to talk to your lawyer about seeking a custody order. Now, you might feel that you don't want to escalate the situation to this, but until you do, you're going to be at her beck and call.

However, it actually does not bode well for you that 1. you don't have a job, and 2. it sounds like you don't have the best living arrangements currently.

Talk to a lawyer.

Oh, and don't worry, it doesn't sound like there is any reason for the kids to be kept from the mother


Title: USA - MO - STL County - Animal damage to car in apartment complex parking lot

Question: I live in an apartment complex in STL county (no local gov't), MO, USA.  I have lived here for 2 years, this is the start of my third year here.  Just this spring, I have noticed squirrel damage on my car, my girlfriends car, and other cars in the lot.  We all have plastic bumper covers, and the squirrels have scratched A LOT of the bottom and side edges of the bumpers.  The scratches are quite deep and large, and clearly look like scratch/tooth marks.  My question is: does the apartment complex hold any responsibility to keep a pest free environment?  This is essentially hundreds of dollars of damage to many vehicles.  Also, I don't recall signing any kind of 'not responsible for damage to vehicles in the lot' kind of agreement.

Answer: No. You live in the Midwest where squirrels are everywhere. If you don't like it, that's when you should rent somewhere where you can park in an inclosed garage. Answer #2: How could the Apartment Complex be expected to keep the Squirrels away?


Title: Why is the FBI doing NOTHING about my pedophile ex boyfriend?

Question:
I called once before and nothing was done. He's a child predator who looks at child pornography and even made an account on Tagged posing as a 13 year old when I was with him. This was years ago, but I grew up with him (15 years old till 17 years old) and had to witness him look at child pornography. He also took advantage of me sexually. I called the cops once but I was having a psychotic break (I'm medicated now) and they convinced me not to have him arrested because the court case would be complicated. But, now that I'm older and feeling better, I'm disgusted with him and I'm ready to take on the court case. When I called the cops again, they told me to speak to the officer who first took my call! The one who tried to convince me not to do it! Why would I want to talk to him again? Someone told me to talk to a detective instead of an officer. Will this help? I just want this fucker incarcerated. Good news is that the FBI this time around had to redirect my call to someone higher up due to the severity of it and forwarded my case to the local office near me. Maybe they'll finally call me with more questions... It feels so hopeless.
Topic:
Criminal Law

Answer:
 Real investigations aren't started, solved, and prosecuted in 60 minutes like they are on TV. Police detectives, and especially federal investigators, take their time to build a solid case before making an arrest. Why arrest someone on the word of a pissed off ex-girlfriend when you can monitor the suspect's activity, get search warrants for hard forensic proof, and literally catch the suspect in the act?

I can promise you that the FBI is *not* going to let you know how extensive of an investigation they are doing, if they're doing one at all. You have literally no basis to claim that they're doing nothing about it.


Title: Is it bullshit: Being hospitalized with a life threatening condition requiring immediate medical help - you can't be liable for hospital expenses if you font have an ID on you and refuse to tell them your name?

Answer: Yes, that's bullshit.  You can be charged with they inevitably figure out who you are.  Which they will.Answer #2: Hospitals have entire teams of staff dedicated to ensuring they know who to bill for your stay. You won’t be able to stay anonymous for very long.


Title: [California] I want to stop paying for my wife's various expenses pre-divorce. Will this screw me in court?

Question:
As the title says, I'm in California. I filed for divorce in late April, and will go to court on 6/25.

I am currently the only one with an income.  She is currently unable to work.  She hasn't worked for the whole of our 6 years of marriage, except for about 1.5 months.  Outside of the 1.5 months, she never really felt any desire to earn an income, either through SSI or some other form of aid, or working.

As of right now, she still lives in the place we rent.  Her name is on the lease as well, but I pay all of the utilities (including cell phone and internet), as well as buy food.  I also currently pay for her car insurance and gas to drive around and such.

I'm getting tired of paying for her to drive around all day, as well as paying for car insurance.  I'm also wanting to stop paying for her cell phone once I won't get an early disconnect fee to do so.  In case anybody asks: the reason I'm tired of paying for these things is because I found out (one of the reasons for the divorce) I was inadvertently supporting her opiate addiction for 5.5 years of our marriage.  She is not currently using (allegedly), but that doesn't make me any less pissed off about it.

I'll still be paying for food.  As of the moment, she's unable to get any kind of aid to pay for such things because she still lives with me and they take my income into account.

Would no longer paying for cell phone, gas, and car insurance screw me in court?  She's being financially supported in pretty much every other way still by me, and I haven't kicked her out of the home (or really put much effort into trying to).  I want to make sure it won't make me look like a douche in front of a judge and screw me in some way.

We also have a daughter, if that matters to this question.

Answer: If you were paying it before the divorce, you have to continue doing it during the divorce process. If not, yes, it will screw you in court. I believe the term is MEGAFUCKED!


Title: My Girlfriend's mom Is threatening to not let her go to college

Question: [deleted]

Answer:
 She could go to college out of state. Or she can wait until she's 19 and get a job until she's allowed to leave. Or she can convince her mother to go.

As your girlfriend's mother's therapist you shouldn't be disclosing her medical information. It's a HIPAA violation dontcha know.


Title: Company waiting for Obamacare repeal?

Question:
So early December I was notified that I was eligible for free insurance benefits at the restaurant chain that I work at, the reason being I work on average 30+ hours and have worked that much for the majority of this past year. Under Obamacare they are supposed to give me the insurance.

I accepted the package and gave them my personal information and I have yet to receive my benefits even though it is already mid-January. I have tried getting my manager to email the support team member in charge of the insurance and he says that he is receiving no response. We have a very small "support" team of three people and no HR department after the company downsized. The person in charge of getting me my benefits apparently has a ton of other duties/tasks on his plate and is taking his time. My manager doesn't give me any information or keep me updated on the situation.

This leads me to believe that my company is hoping for a quick repeal of Obamacare so they won't have to give me my benefits. The only reason I think that is because like I mentioned our company recently downsized and they are looking for all sorts of ways to save the company money across all margins.

What is my legal stance here? Is there some sort of time frame that my company has to adhere to? Or can they just indefinitely keep me at hold for my benefits? I've considered going over my manager's head and getting the company guy's contact information and reaching out to him myself.

Is there any legal advice that would help me get my benefits?

Edit: I live in North Carolina

Answer:
 > Is there any legal advice that would help me get my benefits?

Start with making a more serious effort to find out what is going on other than asking your manager to send an e-mail.Answer #2: Even if/when the ACA is repealed, it's likely a lot of the rules are going to remain in place through 2017 - it's pretty hard to just pivot that quickly with a program of that size. I really doubt your company  is waiting on that - it's far more likely they are swamped and you aren't being persistent enough. Answer #3: They don't have to give you insurance. They just have to pay a fine if they are required by the aca to offer insurance.

Also it is not free.


Title: Relative wants to sue a phone company for something that happened 15 years ago. I'm curious what would have happened if she hadn't waited so long.

Question:
My grandfather died 15 years ago of a heart attack.  He was alone at the time and tried to call 911 but their phone wasn't working.  He also had activated his "life alert" type device but it used its own phone line (but through the same company) and so that also failed.  Our family believed at the time that there's a good chance he would have survived if he had been able to call an ambulance.

My grandmother later learned that the company had cut off their service at 5PM that day for late payment. They had received and cashed my grandparents' check two weeks prior but failed to credit their records for their account, so it was listed as overdue and was shut off.  My grandmother was angry and distraught at the time, believing if they had credited her account properly the phone would have worked and grandpa would have survived.  But she didn't attempt to do anything about it; she just considered it devastating luck, not an opportunity for a law suit.

Now, 15+ years later, my grandmother has died.  My grandfather's sister suddenly rekindled her interest in grandpa's death, and she has been posting a bunch on social media about how she is going to sue the phone company and is in talks with lawyers about it.  (She has already been shot down by a lawyer, but she said he's a lazy crackpot and is going to find a better one, lol).

I am curious: what would have happened if the family had sued them 15 years ago, when this actually happened?  I would guess the phone company would argue that their residential service doesn't guarantee 100% uptime or something like that.  Any cases like this exist?

Obviously this is hypothetical since we can't go back in time 15 years, and frankly no one other than his crazy sister would care to do it at this point (which I'm not holding my breath for), but I'm curious.

Thanks!

Edit:  MN

Answer: There may have been a lawsuit within a reasonable period of time after the death (typically three years, but maybe as many as six). The issue here is that the Statute of Limitations has long since run.


Title: [Alabama] Will I be able to purchase a pipe?

Question:
Okay, so I will be 18 in about 7 months and I would really like to buy myself a pipe to celebrate. I saw some that I absolutely loved on Etsy and the stores say they will sell if you "agree to be at least 18 years of age." My concern, though, is that I live in Alabama where you must be 19 to buy a pipe. Does that matter if I order through Etsy? Will they sell to me if I'm only 18? I don't want to try and order it and then get in some kind of trouble because I'm not yet 19. Especially because my parents don't even know that I'm interested in weed. I also don't want to get into any kind of legal trouble that could affect my getting into college. Can anyone help me?
Topic:
Other Civil Matters

Answer:
 >I also don't want to get into any kind of legal trouble that could affect my getting into college

Then don't smoke weed.  And I'll extend that to say don't buy paraphernalia.  I could lecture but I won't.  Instead why don't you peruse through this subreddit.  In just the past three days you will find several examples of college kids going "oh shit" because of possession charges and the consequences.

Are you planning on going to school in Tuscaloosa?  Auburn?  Out of state perhaps?  Will you be seeking federal assistance (loans?)  You get busted with weed and you're screwed on that front.

I know weed is very trendy right now and oh golly gee!  It's been legalized in Colorado and Washington and well it must be ok and not a big deal.

Nope.  You sir, still live in the great state of Alabama where it is still against both the federal and state law.

So whether you are looking to get high in the rocket city, get baked on the beach in Gulf Shores, or perhaps just get stoned near Sloss Furnace my life advice to you - if your goal truly is to stay away from any legal trouble that could affect you getting into college - is to stay away from doing illegal things.

Roll Tide!


Title: Marijuana and Federal crimes

Question: Package I sent from California containing marijuana and concentrates was stopped and I was contacted by postal police. What charges could be placed federally? Would they bother with less than 22 pounds?

Answer:
 Less than 22 pounds, including concentrate? That's a huge amount of drugs. Yes, you could be in danger of a criminal conviction. The receiving state matters (in part). You absolutely need a lawyer before talking to police.Answer #2: You could be charged with distribution of illegal drugs over state lines.

No one can say whether or not they'd "bother" prosecuting you.  They certainly can.


Title: Family member got into an accident and hit a child riding an electric scooter, who is at fault?

Question:
So my dad was driving back home in our neighborhood after work. He is 65 years old, clean record, good driver history. He was driving a lexus gs 350 - 2014 that I bought for him, but the insurance and title is obviously belongs to him. We live in pennsylvania.

Anyways, he was driving and suddenly a 7 year old kid on an electric scooter jumped right in front of him. Windshield broken, car exterior damaged. 911 and police called. Kid taken to the hospital. No loss of consciousness or any significant damage just an elbow bruise from what he told me. Police told him that it was NOT my father's fault. The parents also understood and seemed more concerned than upset. BUT I KNOW HOW THESE THINGS ROLL OUT AND HOW EMOTIONS CAN GET BETTER OF THINGS…he called me immediately. Car is at the impound right now for investigation. I do not think they will find anything since it just had a maintenance check last month. Its at 40k miles.
My questions are:

1) What do we need to do at this time. Should we get a lawyer or not?

2) What will be the next step besides calling our insurance company?

3) How do we know for sure who is at fault? Will the kid's parents be held liable? Is it pending the police report? What is the law regarding children riding electronic scooters. I looked online and literally all scooters require the child to be ATLEAST 8 years old. Apparently this was the kid’s birthday gift from last week. He is 7, not 8.

4) in these cases, what is the best way to approach this situation? We live in an upper middle class neighborhood and these people live 4 houses down. We do not know them personally, but should we talk to them directly?

Thank you for your help.

Answer:
 You shouldn't need a lawyer unless your insurance company recommends you pursue your own council, that will pretty much only happen if you are sued for an amount beyond your policy limits.

You should let your insurance handle everything. You should not speak to the parents about the incident, direct any inquiries to your insurance. Don't worry about fault, your insurance company will handle that. The police finding no fault does not mean you couldn't have fault civilly. Your insurance company will do everything they can to ensure you/them don't have to pay out a civil judgement if sued. Part of that defense will be bringing up things like the kid shouldn't have been riding a scooter to begin with and he was unsupervised doing it. If you point those things out to the parents, you are an asshole, if your insurance company does, it's just business.


Title: My job pays me salary but it converts to less than minimum

Question:
I work a salary job (390 per week)
They require us to work 9-4, but come in early and stay after twice a week at least.
It totals to about 45 hrs, so about 8.66 per hour I'm making.
Minimum wage in MD is about 10 $
This is after I've gotten two raises.
Can my company do this? I haven't done the math until now.

(I would've quit but there's no other jobs I can find short notice that work with my schedule)
Topic:
Employment Law

Answer:
 It is illegal. First, to be salaried exempt you need a minimum of $455 per week under federal law. Maryland minimum wage is $10.10 per hour, so if you are working 45 hours per week, you need, at minimum the following:

40 hours x $10.10=$404

5 hours x  $15.15=$75.75

Total-$479.75

There are some wonky exceptions to this, but very unlikely to affect you.

&#x200B;

Keep track of your hours and file a complaint with the DOL.Answer #2: Keep your paystubs. If you don't have them, write down or make a log of the hours you worked and what you got paid (before deductions). That will help the department of labor recover any unpaid wages.Answer #3: 390 gross or net?

Are you a manager? Do you have subordinates?Answer #4: Just file a claim with the labor department and they will require your employee to back pay you for all the hours worked. It could turn out to be a huge amount. I wouldn’t even bother telling your employer that you want more money or you’re filing a claim, they clearly don’t care.  If I remember correctly it’s also illegal for them to fire you as retribution for filing a labor department claim against them.


Title: Overpaid in commission, now they're taking money from me...

Question:
Ok, for starters here's the information that I think you'll need;

State of residence: Wisconsin, USA

Occupation: auto mechanic/technician

Pay rate: 17$ hourly 7$ per hourly commission ( for clarification this is similar to a flat rate pay, do a four hour job get an extra 7$ per hour on that job)

The issue: so I started working at a new shop recently, about halfway through July to be precise. And we have a separate accounting company that does our payroll. For the first four paychecks I received (we get paid bi-weekly)  they overpaid me on my commission rate by ten dollars. So they were paying me 17$ hourly and 17$ on my commission rate. the guy I work for (shop owner) didn't notice until about a month or so ago and just told me a couple weeks ago that this was the case. I had no idea I was getting overpaid and the boss was signing over the paychecks without issue, so I didn't think to look at the pay stubs. And their solution was to take money out of my next four paychecks equal to the amount that I was overpaid the last four, totalling about 250$ per paycheck. I don't think this is fair to me, and I'm struggling to make ends meet because of it. My overall question is, is this legal? Can I ask them to stop taking money out of my checks or even repay the money they've taken out of the last two? (I got paid last friday 10/13/17 and also at the beginning of the month, both checks were short because of reason stated above) I've done some brief research on google and can't find anything this specific regarding my state, any advice or help would be appreciated. Thanks in advance

Tldr: accountant overpaid my commission rate by 10$ for 8 weeks and he's now taking equal amount back out of my paychecks to "repay" my boss

Answer: They need your permission to take the money out of your paycheck. That said, you owe them the money and refusing to pay it back is a great way to get fired, and then sued. Letting you pay it back over 4 paychecks sounds reasonable, but you can also try to work out a different payment plan with them.


Title: My company is providing a $500 annual bonus to all women employees. Is that legal?

Question:
My company is offering an extra $500 a year to all women.  This money goes to their retirement account.  Is this legal?  If not, who can I complain to?  (NSW/Aus)

Edit: To the people accusing me of trolling, here is proof.
http://www.vodafone.com.au/red-wire/gender-pay-gap/
It says "To address the 60% superannuation gap between men and women, Vodafone launched a ‘Super Bump’ of $250 on 1st January 2017, a wage supplement that’s processed twice annually for every female Vodafone employee employed for over 12 months."

Answer:
 How and why?

But probably not. The ~~Workplace Relations Act, 1996~~ Fair Work Act, 2009 is pretty clear that male and female employees need to get paid the same amount of money for the same work.

But a bit more information may be relevant here. I'm struggling to see how a company could even think this was going to be possible without getting themselves into trouble. Answer #2: >"To address the 60% superannuation gap between men and women,

Wasn't this proven to be a myth anyways? The study this is based on did not adjust for the industries both genders tend to choose. When that is accounted for the pay gap disappears.


Title: [IL] Received parking ticket for a place that I never parked. City says there's nothing I can do about it

Question:
Posting this on behalf of my girlfriend.

I live in Chicago (a permit zone), and my girlfriend lives in the suburbs but comes over pretty frequently.

Today, she came home to a ticket in the mail from the city of Chicago for parking in a permit zone without a permit. The catch - the ticket states she was parked in an area that she has never once parked in before (the address is about 3 blocks away from me). She has parked right outside of my apartment, on my block, every single time she has come over, & uses daily permits that I purchased from the city.

Additionally, the ticket states that this occurred on the morning of Tuesday, August 22nd, at 12:48 A.M. She wasn't even near this area at the time, as she teaches in the suburbs during the week & rarely stays at my place.

She called the city to inquire about this ticket, and was told that she cannot contest online (her ideal solution) because this is her second notice. The city apparently sent out an initial notice weeks ago, which she never received in the mail, and thus missed the deadline to contest online. The city also stated that there were no pictures taken of her car illegally parked in this permit zone when the ticket was issued.

She can of course contest this ticket in physical court, but that isn't really an option as she is a student teacher and can't afford to miss class for court (nevermind the fact that it's for a ticket that she should have never received).

Is she shit out of luck, or are there any other options she can pursue?

Answer:
 Chicago is one of the few places where you can get someone else to represent you at a ticket hearing *without* having to hire a lawyer. It may be a friend, family member, employee.  How do you feel about going to court?

https://www.cityofchicago.org/city/en/depts/ah/supp_info/the_hearing_process/what_to_expect_atahearing.html
Answer #2: She has two options:

* Pay the fine

* Contest it in actual court

I don't see a third option.


Title: Barking dog a few feet from my bedroom window. The police suggest peanut butter.

Question:
I recently began renting a house in Texas and my bedroom window is a few feet from the property line.  The neighbor next to my house must work third shift and she let's her dog out around 10pm and doesnt let the dog back in until the morning.  Almost all night the dog barks a few feet from my window.  The fences are chain link so anything the dog sees sets it on a barking fit for three minutes or so which wakes me up.

Since the neighbor and I work different shifts and she is hard to catch, I wrote a polite note telling her about the problem.  That went unanswered and unaffected.  I knocked on her door when I'm sure she's home, but she wont answer.

I finally called the police and the officer who came out told me there was nothing he could do since it wasn't a legal matter.  And as a solution, he suggested I periodically feed the dog peanut butter in the middle of the night so it would make it difficult for the dog to bark.  Not only would that likely not work, it seems that it would open me up to potential legal issues.

Do I need to call the police again or is there something else I can do?  Help.  Thanks.

Answer:
 You might want to check local noise ordinances. The cop might be wrong. Otherwise, peanut butter might work - if it has sleeping pills in it. But don't do that.Answer #2: IANAL, but I work for APD, calling 311 will get you a response but it is a delayed response, albeit not an emergency you can call 911 directly for noise related issues and get an officer to respond out there, depending on where you live in the city will determine how long you will wait for a response, but as an FYI, if the officer who responds to the call does not hear the dog barking there is nothing he/she can do even if you have a recording, now if you continue to call about it, it will most likely be brought up to the officers responding to the calls and they will likely try to take action as they don't want to waste any more time trying to get this dog to be quiet, but there is only so much they can do.

throwaway for obvious reasons.


Title: Colorado: Are signs required for handicapped parking, or is ground marking sufficient?

Answer: If you didn't need signs, then how would you know you're parked in a handicapped spot when the ground is covered in snow?


Title: [NYC] The Waldorf Astoria and the workers union have screwed my father and many others out of their severance/retirement agreement

Question:
So my father has been working for the Waldorf Astoria for 27 years. In October of 2014 it was sold by Hilton to the Anbang Insurance Group (a Chinese company) for something like $2 billion. Not long after the new owners began plans to renovate and replace staff. Because the workers are protected by their union, they couldn't just fire people out right like they wanted to. They began negotiations for retirement options for the workers and what not.

After a few months they ironed out a deal. I don't remember the exact numbers but the Waldorf was offering my father something along the lines of $213,000 to retire once the hotel closes for renovations. Half of that amount would be paid out up front upon signing of the agreement and the other half would be paid out to him on his final day (which was this past Wednesday).

The agreement stated both parties (the new owners and the union/workers) had three months to look over everything and agree and then had 8 days after signing the agreement to look over for anything that needed to be changed. This process went smoothly and both parties agreed (the workers of course agreed on the assumption that the union was helping them).

Fast forward to a few weeks ago and suddenly the owners are saying that they made miscalculations and that they overpaid everyone so they wouldn't be honoring the second pay out. Understandably so the workers freak out and start calling the union reps.

There was a meeting today that was supposed to determine the outcome and none of the union reps showed up. The workers went completely unrepresented and of course it was decided that they weren't backing down from their initial decision to not pay anyone their money.

This leaves my father without a job and no compensation. It also seems like the union fucked them over and the reps aren't taking their calls and they all went to the offices together after the meeting and they refused to see anyone.

It also came to light that apparently the owners had extended an offer to pay everyone out if they had left a week early, something that the union reps never told the workers. Something seems really off and smells of foul play on the unions side of things.

This is my fathers livelihood - he still has a mortgage and bills to pay and is left without a dime. He gave his life to that hotel for 27 years for some scum bags to come and completely dick him over. Is there anything he can do?

Edit 1: After speaking with my brother and my father keep repeating is that what they're doing is breach of contract. How are they allowed to just decide they're not going pay anyone out? Also, and this one is a big one - apparently that contract forbids anyone who willingly retired from the Waldorf Astoria to file for unemployment. Can anyone touch on the legality of that term?

Edit 2: to clarify, the workers were paid their first half over a year and a half ago. It's the second half of the money that AIG don't want to pay. Also there's something about arbitration? From the looks of it they're ready to drag this out for as long as possible.

Answer:
 You can always decide you're going to breach a contract. There is no legal principle that would prevent you from making and enacting that decision. There are only consequences for doing so, and only if the other parties choose to enforce them.

If the situation is as you understand it to be, then your father needs to talk to two separate people: his union rep, to find out what the union is doing to enforce the agreement, and a labor attorney, to decide whether he should sue AIG to enforce his part of the agreement (or whether there is a class action on behalf of his fellow employees). His lawyer can also help him lean on the union if necessary.

None of this is going to be quick. If AIG is looking at a six-figure payout per employee, they're going to fight any lawsuits as hard as possible if they've already decided they'd prefer not to pay out. If the contract is actually as described, it doesn't sound like the suit will be legally complicated - but there are lots of ways to make a suit slow and expensive.Answer #2: If you're a member of a union your father should contact the NLRB and file a complaint. If they made an agreement then they need to abide by that agreement.

Otherwise they need to contract a labor attorney and discuss with them.


Title: Spitting, assault, and no help from police in MD

Question: So, I never thought my life would have the trajectory that would land me at this sub with an alt account, but here’s my story. Had an argument with my mother and brother. Brother and I are adults (college-aged) still living with my parents. Brother stood a few inches from for a few minutes me, then spat in my face, pushed my mom, then spat in my face again. I then kicked him without thinking. He stormed off to his room, where he keeps his collection of pocket knives. I call 911 because I am afraid, and move to another part of the house. The police only said my mom can kick either of us out, that neither of us should keep acting like this, and that we should apologize to each other. Do my brother’s actions constitute assault under (Maryland) law? Did the police respond to the situation properly? I feel like my fear was dismissed and I at least should have been asked if I wanted to press charges if it were assault, or had it explained to me why the only thing the police could do was have *both* of us apologize to each other.

Answer:
 > The police only said my mom can kick either of us out, that neither of us should keep acting like this, and that we should apologize to each other.

Sounds pretty solid to me. Sounds like you both were acting like children.

> Do my brother’s actions constitute assault under (Maryland) law?

Yep, but so does you kicking him. If you wanted to push the issue then both of you would be going to jail.

> Did the police respond to the situation properly?

From what you've told us it sounds like it. It doesn't sound like there was any injury and there was likely not enough probable cause to make an arrest. You all live there so the police can't force anyone to leave either. The best they could do was to tell you all to stop spitting on and kicking each other like 5 year olds.

> I feel like my fear was dismissed and I at least should have been asked if I wanted to press charges if it were assault, or had it explained to me why the only thing the police could do was have both of us apologize to each other.

Because to an outsider you're not a victim here. It sounds like there was just as much proof of him spitting on you as there was of you kicking him.


Title: Someone found my reddit nudes and knows my personal information

Question:
Throwaway account, for obvious reasons. Also in New Jersey.

I post nudes on Reddit for fun. I received a message stating my real name, how they identified me (a common theme in all my photos), and a link to my personal social media, proving that they really did that I am who they say I am.

I don’t know who messaged me, whether it’s a stranger or someone I personally know. They haven’t demanded anything yet, and I don’t know if they plan on staying anonymous or if they will reveal who they are to me, but in the case that this turns into an ugly blackmail situation, what are my legal options? Reddit is so anonymous, I don’t know what I could possibly do. If I go to the police, what could they even do? Would I have to go to a detective?

I would really like to know my options, because my worst fear came true, even though I thought I took so many steps to prevent this from happening. And yes, I have deleted all my photos and will never post ever again.
Topic:
Criminal Law

Answer:
 You can't do anything about someone that *might* break the law. This isn't Minority Report.

If this individual harasses you, threatens to post the photos if you don't pay them, etc, you can call the police. But there's nothing you can do if someone recognized you from photos that you have posted online. That's the chance you took when you posted them


Title: Michigan: Being charged with 3rd degree retail fraud

Question: [deleted]

Answer:
 Third-degree retail fraud, this is a misdemeanor with a maximum penalty of 93 days in jail, a fine up to $500.00, or 3 times the value of the difference in price, property stolen, whichever is greater, or both.

If you are fine with the possibility of spending up to 93 days in jail and the fines listed.....

Just about everyone on this sub will advice you to at least consult with a lawyer.


Title: Parents tried to lock me out

Question: I'm going to try make this short. Any advice is much appreciated. The sooner the better. I live in New York in a household run by a controlling, extremely arrogant father who originates from a third world country. He enforces a ten o'clock curfew. I'm 23, black, and male. Several months ago, I came home 20 minutes past curfew and he got physical with me. I restrained him and called the cops. They arrived and explained that the law for my area is that if my dad wants me gone, he must go down to our local courthouse, and fill out paperwork to have me evicted and from that point, I'd be given a number of days before I must leave. They also explained that he can't lay his hands on me. Fast forward several months later, I just got home 2 minutes past curfew today, and he locks the doors such that my keys won't open them. I went to a neighbor's place to stay and they called my dad. He told them to tell me to come home. And now I'm back in my house. I won't have the funds to move until the end of September. Bearing in mind what the cops said to myself and my dad last time, can he legally lock me out on a whim and force me to spend the night outside?

Answer: No. Changing the locks or otherwise barring you entry from the property is an illegal eviction.


Title: My on-leash dog attacked an off-leash dog in our backyard. Off-leash dog’s owner is trying to make me pay for the dog’s vet bills. Am I at fault? [GA, USA]

Question:
My 4 year old dog has some aggressive tendencies. I know this and take every precaution to avoid situations in which I know she will be aggressive.

We just moved into a new house a few months ago. I immediately noticed that the house next door had a small min pin looking dog that seemed to roam in our shared side yard area. I knew it was going to be an issue, so until I had a chance to knock on their door, I made sure the dog was not outside before taking mine out.

About a week after moving in, I knocked on my neighbor’s door and we had a 5 minute or so conversation in which I stated clearly that I would make every effort to insure that my dog was under my control on a leash at all times, but that if their dog was roaming freely and entered our backyard that I couldn’t predict how my dog would react. He agreed he’d keep an eye on the dog, which didn’t sound really good to me but was at least a start.

Since then I’ve had at least two incidents when I’ve had to rush my dog inside our house because their dog has run over into my yard unattended. Both times, I made a point to have a conversation with its owner.

Last weekend I had my dog outside with my on a leash when the min pin came into our backyard. This time I was quick enough and my dog held the min pin down on the ground. I was able to get my dog back inside and then rushed to take the min pin back over to its owner (who was inside the entire time and completely unaware). There weren’t many words exchanged and I didn’t hear from them again until yesterday when I found a bill from their vet & a handwritten note from the owner asking for me to pay him.

Now, I felt bad for the dog obviously but am I legally responsible for these charges?

Answer:
 https://law.justia.com/codes/georgia/2010/title-51/chapter-2/51-2-7/

> A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person **who does not provoke the injury** by his own act may be liable in damages to the person so injured. In proving vicious propensity, it shall be sufficient to show that the animal was required to be at heel or on a leash by an ordinance of a city, county, or consolidated government, **and the said animal was at the time of the occurrence not at heel or on a leash**. The foregoing sentence shall not apply to domesticated fowl including roosters with spurs. The foregoing sentence shall not apply to domesticated livestock.

Emphasis is mine.

Their dog not only was the provoker, but yours was on leash and theirs wasn't. You have no worries and you can tell them to find a nice pile of sand to pound. If you are actually served suit, don't ignore it, doing so will cause a default judgement against you.


Title: Spotify sues my father for 2000 euro or PRISON

Question:
Hello, I live in Greece but my father works in germany (and thus has a visa from a german bank) I tried to subscribe with the greek spotify web page (which is no different in content than any other spotify) but they didn't accept the german visa... so I gone to the german spotify and used the german visa and now I am a subscriber (btw I didn't even listen that much only the first month or so)
after a 6 months spotify or anyone related to it (don't know yet who since my father just told me the general situation) sues him for 2000 euro and prison... my father has not 2000 and he may go in prison (= lose his job at 55 = the end for him) WTF WTF WTF what can I do?

I didnt know that it was that dangerous I didn't even think that would count as piracy since I PAYED to listen.... PLEASE someone help me by giving me an advice :(

Answer:
 It's possibly (probably) a scam but if your father has received court documents he should see a lawyer

And you don't need to worry about him being sent to jail over $2,000 euro. Nobody has been sent to jail over money they have been sued for in Germany since May 29, 1868


Title: Montana - clarification on ESAs

Question:
My dad is a landlord in Montana, I manage his properties. He has 3 rental houses, 1 is a duplex. We do not allow pets, but of course, we allow service animals.

I just had a girl call on one of the houses. She tells me she has 2 dogs and 2 cats, all are ESAs. It is a tiny house and does not have a fenced in yard. Who needs 4 emotional support animals? This cannot be reasonable.

I found [this](https://www.montanalawhelp.org/files/0ED0131F-1EC9-4FC4-652E-FC8C4E92C777/attachments/8DC87ACC-696B-4516-9D25-975D55FEEE24/assistance-animals.pdf) in my searching and it basically says Montana doesn’t distinguish between service animals and ESAs. We must make reasonable accommodation. The link is from the MT Fair Housing.

I lurk here often and I remember seeing that if a landlord has 4 or fewer properties they are not required to follow the law on ESAs (maybe I’m mistaken). Is this true for Montana? Please help. I don’t want to get sued for not letting someone move in with their 3 gerbils, 6 dogs, and 10 cats because they paid a counselor to write them a note.

Appreciate your help.

Answer:
 [Montana's Human Right Act](https://leg.mt.gov/bills/mca/title_0490/chapter_0020/part_0030/section_0050/0490-0020-0030-0050.html) is more restrictive, you cannot deny on the basis of legitimate ESAs when renting out a whole house

You can ask for verification that these are legitimate. With this many animals, some or all of them are probably worthless "prescriptions" or "registrations" from some website or anotherAnswer #2: There may be a limit in the number of ESAs per person. 4 seems... excessive. Some jurisdictions limit it to 1 per person. Answer #3: In addition to verification that each animal is an ESA, you can also request verification of current shots and any required city/county registrations.  The renter is still responsible for any damage caused by the pets.