Title: brother/sister jointly owned (inherited) house. sister lives in house, brother wants to sue.

Question:
hello! posting on behalf of my parents who live in florida. mother= my mom (obviously) brother= her brother

my mother and her brother inherited a house when their parents died. they had a renter for a while, renter died. my mother and brother split the rent and expenses 50/50

my mother and father moved in because they were penniless. brother agreed to this, both parties agreed it would be TEMPORARY.

they have been paying ALL fees associated with this condo, paying all taxes, replacing broken fixtures, etc. brother has been paying NOTHING toward house. not a dime in the 3 years they have been living here.

now all of a sudden, brother wants to sell the house. they spoke of selling the house a year ago, but my dad got VERY sick and almost died and is still recovering. they do not want to move now, but will consider selling in the near future.

brother is claiming legal action on my parents for living there "illegally," saying he's going to take them to court and EVICT them.

he wants to sue my parents for "lost wages" because he lost out on the income of having a tenant.

i understand this is very messy. my mother and her brother own the house 50/50.

any advice is very much appreciated!!

Topic:
Real Estate law

Answer: Brother has the right of partition to sell the house. The amounts paid during the possession of the owners may or may not be accounted for in any proceedings. Wages or lost income will not be compensible. Parents are not going to be "evicted" from a place they own.


Title: [UK/US] American Airlines forced me to pay $500 and miss a flight, what can I do?

Question:
Here's what happened: I missed my flight, London to Charlotte, at 1:30pm Friday When i arrive, they put me on a 2:30 through philly for $200, not as bad as expected (and probably an error from the attendant) I end up in Charlotte at 9:30pm instead of 6:00pm, also not so bad.
THEN
Sunday I arrive at the charlotte airport at 3pm for a 6pm back to London. They tell me that the ticket was cancelled when i was rebooked on Friday. To get on the flight to London, I have to pay $500. So the woman helping me agrees that it's not exactly fair and 1.5 hrs later, she gets a manager to give an exception and get me a ticket without paying the $500. So i go through security, head to the gate, change to a window seat, and go get some food.
Right when they're about to start boarding, they call me up to the gate, and tell me i can't get on the plane unless i pay $500. I tell them I cant afford it, I just went through this, whatever. I realize i need to get on this 6pm flight, so at 540 I say fine, I'll pay. They can't take my payment, load up the plane, and take off without me.
I get put onto an 8:30pm flight, having already paid the $500. Now they want me to go through the entire refund process but I want to: 1. Get more money than the $500 they charged me 2. Cancel an upcoming flight with American and get a refund.
Can anyone help with how I should deal with this? I've tried Twitter, and spent far too long on hold with the airline, credit card company, everyone.

Answer:
 Short answer, you caused this by missing your flights. You don't have a claim. As per their contract of carriage, they aren't obligated to assist you further.Answer #2: You have no legal cause of action here.  You traveled from London to Charlotte and back for your original ticket price, once you get that $500 refund.  That satisfies the airline's duty to you.  You aren't owed any money.  As for the upcoming ticket, you are bound by the terms you agreed to when you bought it.  If that includes the ticket not being fully refundable, then you can't just get your money back.  Answer #3: > Now they want me to go through the entire refund process but I want to: 1. Get more money than the $500 they charged me 2. Cancel an upcoming flight with American and get a refund.

Why do you believe you are legally entitled to either of these two things?


Title: Want to change my name due to racism but I only have a green card (RI)

Question:
So currently, I am a permanent resident living in Rhode Island. I am not 18 yet, however, I will be within a few months from now.

The problem I am having is with my name, particularly, the foreign-ness of it. I have received, on many occasions, racist remarks about it. I don't exactly want to go into personal detail about every incident that happened (Because trust me, it happens more than you think), however, the bottom line is, no matter how hard I try to cover it up, my legal name continues to come on school records and documents, which usually kick-starts the racist comments I receive. (Even though I go by a traditionally western name)

I have read on numerous sources that a name change can be made even with a green card, granted, I will have to petition it through the superior court, but I can still achieve it. However, I have not been able to find any documents relating to this sort of circumstance.

Does anyone know the laws behind it? And if I can find the petition form? And yes, I understand that a name change can be achieved through naturalization, however, I can only start the process next summer and it takes half a year to fully naturalize, and by that time, I will already be in college, and I do not want to start college off with my foreign name. I don't want it ever on my record.

TLDR; I receive racism due to my name, I want to change it only with a green card

Answer:
 You must get a legal name change through the court and then you can file an I-90 for a green card with your new name. You will have to pay a filing fee of $540 for the green card replacement with the name changed. Otherwise you can wait until you can apply for citizenship and they allow you to get a name change at the same time you will be naturalized without separately petitioning a court for a name change. Answer #2: Hey dude, I don't have any legal advice but I just want to share some life experience. I have a very foreign name (a foreign parent who immigrated before my birth and married my American mother) but I _look_ like a blue-blooded American. People are very confused by my name when they see me in person but I think my appearance reins them in.

If you look different from the people saying these things, changing your name may not be the magic wand to preventing these remarks that you're hoping it is.

Food for thought but no reason not to go forward in your desire!


Title: [Florida, US] My mother is making me sign health care surrogate, power of attorney, and living will documents. Why should I?

Question:
As a background, I just recently turned 18 back in March and am in good health.

My mother is requiring that I sign documents designating my health care surrogate, living will, medical information release, and power of attorney form. As I am only 18, I do not understand why I should be doing any of these (minus the living will) at such a young age and given my current health condition.

From my perspective, my mother is a manipulative and very emotion-based individual who mostly only cares about her own personal benefit and well-being. **I am not trying to talk down on her; this is simply how she is as a person to me.** This is somewhat swaying my decision, because as of right now I do not want to go through with signing these documents, and if I do, she is certainly not going to be on any of them. In the past, she has based medical decisions off of internet articles, which includes certain vaccines I should obtain when I was a child and before going to college.

Would someone mind explaining the importance of these documents to me? I appreciate any and all advice.

**EDIT:** Also, if something *were* to happen to me where I cannot make my own decisions, what would happen? Would it be a long and difficult process for them to be able to obtain information about me, make decisions for me, etc?
Topic:
Healthcare Law including HIPAA

Answer:
 "No" is a complete sentence.

A health care surrogate and living will set out that your mother can make medical decisions on your behalf if you are incapacitated or incapable of making them for yourself. You should designate someone you trust, which does not need to be a family member, if you're going to issue one. You don't trust your mother, so don't give her either.

A power of attorney allows her to enter contracts on your behalf and to take actions as you. If the PoA isn't drafted carefully, that includes things like adding herself to your bank accounts, using your money (nominally on your behalf, but it's on you to enforce that), buying and selling property on your behalf, signing loans and mortgages as you, and so on. While you can take action against her if she misuses her authority under a power of attorney, it's very hard to unwind her actions after the fact. You should not issue one _at all_ without a specific purpose in mind, and if you issue one, it should be to someone you trust. You don't trust your mother, so do not designate her as your agent.

Your mother cannot "make" you sign any of these. She can decide she doesn't want to support you any more, or apply personal pressure, but her legal authority over you has ended, and never encompassed forcing you to sign these documents in the first place.


Title: [TN] Police broke my door, landlord wants me to pay for damages, am I responsible?

Question:
The Visit: I am Bipolar, last week due to a series of unfortunate events I had a bad drug interaction (legal prescriptions not anything I was smoking) that led to a period of intense mood swings and mania. Roughly five hours or so, during which I made several alarming calls to friends and family. Eventually I crashed hard, slept in til 2pm the next day, but woke up feeling more "stable." In an effort to get my head back on straight I went to the local library to just chill out and read for a bit and then set up an appointment with my psych to inform them of the interaction.

However I left my phone in my room and while I was out a friend, who I assume had only just gotten the alarming voicemail I left for them, tried to get in contact with me. When I could not be reached she became worried and called the police to check up on me. She informed them that I was bipolar and a suicide risk (since I have made attempts in the past).

When the police arrived at my apartment the door was locked since I wasn't back yet. They attempted unsuccessfully to find my landlord (they're never around honestly) in order to get a key. I suppose working under the assumption that I was dead or dying inside, they broke the lock in order to come in. I don't blame them for doing this as if I had been dying I don't think I'd have wanted them to wait for a locksmith.

I returned to find the police still outside, they informed me of why they were there, why they had broken the lock, and pointed me to some mental health resources. I apologized for all the trouble and thanked them for their time. They were very nice.

About an hour later my landlord finally shows up just mad about the whole thing. He says that he doesn't want to rent to a tenant that gets the police called on them and that he was giving me thirty days notice to vacate. I'm honestly not going to try and fight that, since he was a terrible landlord anyway and if he wants to let me out of the lease early then fine.

However he has just sent me the bill to repair the door, which is much more than my deposit, and threatened to sue me for the difference if I don't pay it. Am I responsible for paying for damages caused by a wellness check?

Answer: You can see if you can make a claim against the police (but I suspect it would be denied) but yes you are liable to landlord. When you rented unit you were given a working door. Door is now broken, you have to return that door to its previous state minus reasonable wear and tear.


Title: company non compete

Question:
In Kansas

I would like to submit a picture (with the entire contract), but long story short, the company I am employed with has a non compete clause that I feel is holding me hostage. Their wages/package is not the industry standard (lower), and I do resign a new contract yearly that holds me compliant to said contract the following 2 years.

I am asking because I am getting offers from companies for employment that we occasionally contract through, and my contract renegotiation is due this August.

kansas

Answer: Nobody is going to read the entire agreement and advise you. You will need an attorney for that. You also need to provide a location for any meaningful advice.


Title: [Ohio, USA] Was sold a used car as is by a dealer, he never disclosed that it can't shift out of second gear.

Question:
Hey Reddit. I just messed up big time. I bought a car after test driving it in a 25 mph zone, so I never noticed that it doesn't actually shift out of second, and so it redlines at 45mph. I'm out a ton of money and have no other mode of transport, and no idea what to do. I haven't contacted the dealer yet, partially because I know this guy knows what he sold me, as he drove it several thousand miles between buying it at auction and selling it to me.

Do I have any legal recourse here, since I signed a form saying I agreed to buy it as is?

Answer:
 I am so confused about why anyone would purchase a car without even driving it over 25mph. You bought a car as is. So you get the car as is.

You can still contact the dealer and see if he will give you some kind of deal but he has no obligation to do so.


Title: [CA] I want to file suit against the Federal Government over inequal distribution of House Representatives between states.

Question: [deleted]

Answer:
 >Any thoughts on if this is possible to fight legally.

It isn't.


Title: (TN) My sister's petition for back child support was denied

Question: My sister has a 10 year old son. Until recently she was out of contact with the father. She went to court to get child support. She applied for back child support to her son's birth because the law here allows it but her petition was denied. The judge said that phone, Facebook and email records and visitor logs at his condi show my sister never tried to contact him and his name is not on the birth certificate. He was ordered to pay going forward but the judge ignored the law and didn't allow back. The judge also ruled that he gets to meet his son and eventually transition to overnights within nine months and 50/50 custody within 18 months. What can my sister do about this? This is not what she wanted.

Answer:
 Well, I hate to say it, but you don't always get what you want.  And your sister's expectations were completely out of line.  This is a person, a parent...not a bank account.

The appeal part she should discuss with her lawyer, but the judge's ruling sounds reasonable.

It sounds like she wanted to force someone to write her checks every month for the kid, but in actuality, he wants to be a real father.  That's AWESOME!  This is so great for the kid!  I'm sorry if that is not what your sister "wanted", but that is almost certainly in the child's best interest.  I'm trying not to judge in case there were legitimate reasons why your sister hid the child from him, but from the record you gave, it sounds like your sister is trying to treat this guy like a human ATM, and to be honest, I bet that HEAVILY influenced the judge's decision.

Look, to get child support you have to establish someone as the legal father.  Once they are the legal father, they legally have rights over the child.  You don't get the money with no strings attached.


Title: Used Third party to move, they didn't pay, am I now responsible for payment?

Question:
Hello, so back in the summer of 2014 I moved out to the east coast [North Carolina] from the west coast. It was a big move and I wanted to try and save some money so I looked around for the best rates and found a company called (Moveline). They said they were like Priceline except for moving... so they would do the grunt work for me and find the best price and then pass the discount to me through the amount of moves they get.

After some back and forth we finally agreed on a price and they hired United Van lines for my move. Everything went pretty smooth and I paid the moving costs (a little under 3k) to Moveline, shortly after I was moved in.

Last week, I got a letter from United saying I had until Feb 10th, to pay over 3k to them for moving costs that were unpaid from Moveline. I of course flipped out because I already paid for the move. After some calls and some small investigation it appears that Moveline went out of business December 5th of 2014, and they never paid United the funds I gave them for the move. First off, isn't this in itself illegal and a criminal charge?

Am I now responsible for paying United, even though I ALREADY paid for the move?

Why did United wait THIS long to contact me and alert me to Moveline not paying them? If they would of contacted me earlier, I could of reversed the charge on my credit card.

Is Moveline just in the free and clear now? So a company can go out of business and keep all my money? How the hell does that work?

And again just confused as to why United is saying I need to pay, when Moveline is the responsible party.

Any and all help would be appreciated.

Answer:
 >First off, isn't this in itself illegal and a criminal charge?

No.  It is not illegal to go out of business.  It will be illegal if it was fraudulent i.e. they never intended to ever pay moveline and the whole thing was just a scam.

>Am I now responsible for paying United, even though I ALREADY paid for the move?

Did you sign any sort of contract with United?  Did your contract with moveline somehow say anything about you paying united if moveline fails to pay?

>Is Moveline just in the free and clear now? So a company can go out of business and keep all my money? How the hell does that work?

Moveline is out of business.  Having your business go under is not exactly "free and clear".  I have had businesses of mine go under.  It is not a good thing.  It is of course possible that the whole thing was a scam and they are rolling in the dough of customer funds.  I don't know.


Title: After I die, can I have my executors have my head removed from my body and buried somewhere else? USA.

Question:
Some ancient peoples used to do this. It sounds appealing to me.

Edit: executor of my will, not executioner of my life. Sorry.

Answer: Contact the Cryonics institute. They offer preservation of one's head without the body. They must have all the machinery (practical, legal, paperwork...) to separate the head and dispose of it separately than the rest of the body. You just ask them not to freeze your head.


Title: [CO] Dad and child support

Question:
So I am asking about child support that stopped about eight years ago.

The question I have is, can I pursue him for unpaid child support for myself and my sisters?

He stopped paying right after my mom passed away, and refused to help at all. When this started about 23 years ago, he was in the navy, then was discharged and job jumping every time they started garnishing his wages.

So as stated, is it too late for me to go after him for that money? If not, where should I start?

Answer: Sorry, the money was never owed to you.


Title: Deadbeat Client — Graphic Design

Question:
I had a client. We had an agreement on a project. They paid a down payment, then the following bill. I designed a series of packages and logo for them. The original agreement was for the logo and first package design. Everything was fine. I designed the second package. Bill was paid.

The third package design went without payment. I was not concerned as I felt we had an established relationship. Near the end of the project, they asked for the art files. I did not have an issue sending these over. I made a couple of edits after that.

It has been over two months and I finally heard back from them. They are refusing to pay the full bill stating they never ended up using my design work and went with a different idea. They offered to pay me half of what was owed.

I told them they used my artwork as the basis for the final design — built the design on top of my copyrighted work — and I felt they should pay me up to the point of when they requested the art files — about 75% of the final bill.

They responded by telling me they were reducing their original payment offer to 25% of the total cost and that they had three intellectual property lawyers just in case I wanted to take them to court over it.

This is in the last email response —
"You've also threatened the ability of your claim to copyright, this is not okay with me. At this point the only work I am willing to accept are the booklets, and a few more hours thrown on top as a courtesy. $250 is my final counter."

The original bill is $1,000. Am I totally screwed here? I am in Utah and the client is in New York.

Answer:
 > that they had three intellectual property lawyers just in case I wanted to take them to court over it.

That's not going to help them if you take them to small claims court.  Show up with evidence of your original pricing agreement and your delivery (which shouldn't be hard with that email exchange), and you should be OK.  I'd leave the copyright argument out, since your agreement was for

> The original agreement was for the logo and first package design. Everything was fine. I designed the second package. Bill was paid.

Their use of what you delivered is irrelevant if the agreement was for delivery of work product for $x. I just have one question.

> The third package design went without payment. I was not concerned as I felt we had an established relationship. Near the end of the project, they asked for the art files. I did not have an issue sending these over. I made a couple of edits after that.

Was this third delivery part of the original agreement?  Hell, what was the nature of the entire agreement?


Title: I was detained and questioned for the police in my job for forgerying

Question:
I have work in a body shop for around 6 yrs and feb I was question by the police about me forgery checks , I was able to explained myself to them and my boss , they let me go but I was fired right there and then, as soon as the cops took the handcuffs off me , I asked them if I could ask the owner (my boss ) if I could get my tools , cars &truck, motorcycle , 4 wheeler and other stuff around the shop and clean up my desk , besides if he could get me some money that he owes me ( around $8500 ) for a car that he sold for me and his answer was a big NO !!!!!! Right in front of the two officers ,, I just couldn't believe it , so asked the two cops what's next  and they said I have to work it out with him ,,,,,,, really
Well it seems according to my co-workers that he has said that he got the police investigating me , about theft and what not ,but I haven't heard anything since  from the police ,him or anything just what my co workers and vendors have told me , so I don't know what to do ,,, cause of him holding my tools , money and belonging , I can't work , I can't move because I have no car and no money to hire a lawyer ..... So I'm lost i don't know what do or what are my options  Houston TX

Answer:
 1.) "Forgerying" is not a word.

2.) The answers to this have not changed since the last time you asked this from another account.

3.) You will have to sue him to recover the items.  That may require a lawyer because the alleged amount is so much.


Title: Would it be legal if steam.com started criticizing Valve, owner of the gaming platform Steam, to get them to buy their domain?

Question:
Valve, the owner of the biggest PC game store, Steam, has the site steampowered.com.

If Steam.com wanted to get them to buy it, could they dedicate their site to post real information making them look bad? Say bad reviews of their hardware devices, people discussing being charged twice for purchases and the like?

Answer:
 That's more likely to trigger legal action than a buyout offer.

And if they propose it with "Buy our domain or we'll post all these things to ruin your business", that's extortion.

The best way for, in this situation, steam.com to get Valve to purchase their domain is just to... offer it for sale.  If Valve doesn't want to buy it, threatening them to try and *force* them to buy it isn't going to work very well.


Title: Neighbor Trying to Scam Mom for splitting cost of Fence

Question:
Hi All,
My mother just shared this with me. She lives in California in a tract home development, and her neighbor that lives behind her and shares back yard rear fence with her came to my mother's door and requested they split the cost of a new fence. This lady stated she was going to replace all 3 sides of her fence on her property, and received a quote for roughly $5400, of which my mom would pay for half of the side they share ($900). My mom verbally agreed. A lot of time went by and nothing happened. Finally just recently, the fence was replaced and the lady came to collect. My mom told me that the work looked visibly shoddy to her, and that when she asked her neighbor for a copy of the final bill, the lady told her that she never got one, but that the price was exactly what the quote was. My mother is a trusting but bright person. She didn't pay at that moment. The next day she called the company that quoted the work, and was told by the manager that they did not do the work, the lady requested her deposit back and was never heard from again by the fence company.

Currently I/we are not exactly sure how she should proceed when they speak next. What is my mother obligated to pay? Should she refuse until a legitimate invoice is produced? At this point I'm not sure she can trust the next invoice if her neighbor somehow "finds it" after all.

My mom is not in good health at the moment so she can't walk around the block, but I was thinking about knocking on the 2 other neighbor's doors this weekend and asking them if and what they were asked to pay as well and didn't receive a copy of the invoice.

Thanks for the advice.

Answer:
 Your mother isn't obligated to do anything unless she gets sued.Answer #2: Mom doesn't owe a dime. Mom doesn't have to pay for any work that was done. She has no signed contract, no paperwork, and nothing otherwise requiring her to pay for the fence.

Make sure she can get in writing from the fencing company that her neighbour cancelled the request and wasn't heard again from. Sufficient to email them with a copy of 'this is my understanding, you said A/B/C/D, is that right?' Start creating a paper trail in case the neighbour escalates the issue.

Whether the neighbour produces an invoice is irrelevant. She hadn't brought it over, your mom didn't see the work being done, and no follow up happened. Talk to your other neighbours quietly if you want to, but I'd let this one lie until legal action happens.Answer #3: Even if we admit that your mother entered into a verbal contract, she agreed to pay for half of one side, or 1/6th of the total invoice.

The woman hasn't handed her a proper invoice. Until she does, you mom would have no obligation to pay.

Sounds like your mom's neighbor figured she could pay a family friend some money to put up the fence instead, figuring she could get more than half of it paid for by giving your mom the marked up invoice.Answer #4: I wouldn't be paying a damned thing for less than being served papers for a lawsuit.


Title: Can I deny our apartment manager from letting in people to our apartment for paint maintenance while away for vacation?

Question:
Hello!

My wife and I live in an apartment complex in Oregon (Portland metro area) owned by a property management company. Our apartment manager gave us (and other residents) written notice on Wednesday, August 29 that management has contracted out a company to perform minor maintenance work on our balcony on September 6 and that they will be granted entry into our apartment at some point between 7:30am and 4:00pm. This is an outside company who has come before and will simply be painting, but they have not specified the company.

Normally this would be okay, but we will be leaving out of town on the 6th and be gone for a few days. We are both very uncomfortable with having unknown strangers entering our apartment while we are away. I've had things stolen on two separate but very similar occasions and would like to minimize that risk.

We talked to our apartment manager today and expressed our concerns and wanted to see if there was any way we could work something out. First, we asked if it was okay if our complex's maintenance (who we know and trust) would be able to stay in the room after he lets them in. Our apartment manager said no, stating that his only job was to unlock and re-lock the door. We then asked if a request could be made to the company to come on a different day when we're actually home (since they will be coming multiple days). The apartment manager just said "No, I can't control their schedule". Finally, we asked if at least an email can be sent to at least request that they come to our apartment earlier before we have left. The apartment manager replied and said "Maybe I can send an email, but they will do it however they want to, so you will just have to deal with it". With that, we left.

Again, I really don't want to go through with a third time of having something stolen. Both times before the companies were extremely unhelpful and refused to take any accountability for their employees' actions.

I am writing here today to see if I can get legal advice before I continue any further. I do know that according to Oregon law that a landlord does NOT need a tenant's consent to enter the premises (and that's generalizing it). However, I did see this section, specifically **ORS 90.322**:

>**90.322 Landlord or agent access to premises; remedies.** (1) A landlord or, to the extent provided in this section, a landlord’s agent may enter into the tenant’s dwelling unit or any portion of the premises under the tenant’s exclusive control in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, perform agreed yard maintenance or grounds keeping or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers or contractors. The right of access of the landlord or landlord’s agent is limited as follows:
>
>      (a) A landlord or landlord’s agent may enter upon the premises under the tenant’s exclusive control not including the dwelling unit without consent of the tenant and without notice to the tenant, for the purpose of serving notices required or permitted under this chapter, the rental agreement or any provision of applicable law.
>
>      (b) In case of an emergency, a landlord may enter the dwelling unit or any portion of the premises under a tenant’s exclusive control without consent of the tenant, without notice to the tenant and at any time. “Emergency” includes but is not limited to a repair problem that, unless remedied immediately, is likely to cause serious damage to the premises. If a landlord makes an emergency entry in the tenant’s absence, the landlord shall give the tenant actual notice within 24 hours after the entry, and the notice shall include the fact of the entry, the date and time of the entry, the nature of the emergency and the names of the persons who entered.
>
>      (c) If the tenant requests repairs or maintenance in writing, the landlord or landlord’s agent, without further notice, may enter upon demand, in the tenant’s absence or without the tenant’s consent, for the purpose of making the requested repairs until the repairs are completed. The tenant’s written request may specify allowable times. Otherwise, the entry must be at a reasonable time. The authorization to enter provided by the tenant’s written request expires after seven days, unless the repairs are in progress and the landlord or landlord’s agent is making a reasonable effort to complete the repairs in a timely manner. If the person entering to do the repairs is not the landlord, upon request of the tenant, the person must show the tenant written evidence from the landlord authorizing that person to act for the landlord in making the repairs.
>
>      (d) A landlord and tenant may agree that the landlord or the landlord’s agent may enter the dwelling unit and the premises without notice at reasonable times for the purpose of showing the premises to a prospective buyer, provided that the agreement:
>
>      (A) Is executed at a time when the landlord is actively engaged in attempts to sell the premises;
>
>      (B) Is reflected in a writing separate from the rental agreement and signed by both parties; and
>
>      (C) Is supported by separate consideration recited in the agreement.
>
>      (e)(A) If a written agreement requires the landlord to perform yard maintenance or grounds keeping for the premises:
>
>      (i) A landlord and tenant may agree that the landlord or landlord’s agent may enter for that purpose upon the premises under the tenant’s exclusive control not including the dwelling unit, without notice to the tenant, at reasonable times and with reasonable frequency. The terms of the right of entry must be described in the rental agreement or in a separate written agreement.
>
>      **(ii) A tenant may deny consent for a landlord or landlord’s agent to enter upon the premises pursuant to this paragraph if the entry is at an unreasonable time or with unreasonable frequency. The tenant must assert the denial by giving actual notice of the denial to the landlord or landlord’s agent prior to, or at the time of, the attempted entry.**
>
>      (B) As used in this paragraph:
>
>      (i) “Yard maintenance or grounds keeping” includes, but is not limited to, weeding, mowing grass and pruning trees and shrubs.
>
>      **(ii) “Unreasonable time” refers to a time of day, day of the week or particular time that conflicts with the tenant’s reasonable and specific plans to use the premises.**
>
>      (f) In all other cases, unless there is an agreement between the landlord and the tenant to the contrary regarding a specific entry, the landlord shall give the tenant at least 24 hours’ actual notice of the intent of the landlord to enter and the landlord or landlord’s agent may enter only at reasonable times. **The landlord or landlord’s agent may not enter if the tenant, after receiving the landlord’s notice, denies consent to enter. The tenant must assert this denial of consent by giving actual notice of the denial to the landlord or the landlord’s agent or by attaching a written notice of the denial in a secure manner to the main entrance to that portion of the premises or dwelling unit of which the tenant has exclusive control, prior to or at the time of the attempt by the landlord or landlord’s agent to enter.**

I apologize for the wall of text, my aim is to not take anything out of context.

My final questions relate to the sections I put in bold:

* If I am able to deny consent, what would be the best way to write a denial such that it can be legally upheld?
* Does our absence from the unit and wish for privacy and security while we are away fall under "Unreasonable time"?
* Does our denial of consent (if valid) have legal support even when we tried to find a more reasonable time but our apartment manager was ultimately unhelpful?

Thank you very much, I really appreciate the help!

Answer:
 > Does our denial of consent (if valid) have legal support

No.  The "unreasonable time" section specifically calls out that you must have "reasonable and specific plans" to use the premises.  You have no plans, at all.  You have no ability to deny consent.Answer #2: If you do come home to find things stolen, don't deal with the companies if they were unhelpful, just file a police report.


Title: [USA] There exist nude photos of me as a child. What are my options?

Question:
The state they were taken in, the state they're displayed in, and the state I live in currently are all different states.

15ish years ago, my mother and grandmother took me to a professional portrait photographer. We did usual nice portraits in a variety of dresses, but the shoot finished with a few of me without clothing at my family's request. I didn't want to, but ultimately relented at my family's beligerance. I'm female, and I was in the age range of 12 to 14 at the time.

The images themselves would be classified as tasteful if the subject had been an adult, kindof like a magazine cover. The two family members in attendance (and perhaps the photographer) should be the only people who have copies. My mother's favorite is on display in her bedroom and features me from the back, but I recall some being taken from the front as well.

On the one hand, clearly nude photos of a minor are not ok, especially one who clearly didn't want to do it. On the other, this was a professional photographer acting in a professional context. He would have known if that was legal, right?

So, some questions:

Is this actually a legal issue? Does this technically qualify as cp?

Provided that it is, what are my legal options aside from not saying anything? I know where to obtain the images, and they're marked with the name of the photographer and studio.

What's "mandatory" in terms of reporting when I talk to people? I'm not looking to ruin someones life, but I don't know where (else) I can look for information before someone's required to take action on it. (I'm no longer a minor, as I'm approaching 30).

Which states laws should I care about? The specific combination of the 3 states may de-anonymize me.

Do professional photographers keep images long enough that if I reached out to him, he'd have them?

Thanks. Sorry for the icky subject.

Answer:
 Nude photos of children are fine, legally speaking. Lots of people take photos of their kids' first baths, for example, or happen to catch a kid running naked at the beach or in the park in a photo, and there's no legal issue with that. _Sexual_ photos of a child, and specifically nude sexual photos of a child, are not.

Having said that, it's quite unusual to take a nude portrait of a 12-year-old, and I can understand why you're concerned about them. How would you characterize the photos themselves?


Title: Want to start a per diem paralegal business. How to avoid conflict of interest issues?

Question:
I'm an experienced paralegal who has an independent contractor arrangement with the firm I've been with for a few years in upstate New York. We did this so I can have flexibility with my schedule. I come and go as needed depending on the volume of work. This arrangement is working out well so I've started seeking out other firms and offering the same arrangement in hopes of starting my own business as a per diem paralegal. I now have three firms interested in hiring me on an as needed basis. (This also opens me up to working from home occasionally which is an exciting prospect).

Today I casually mentioned to one of the partners that they may not be my only client soon, and I'm toying with the idea of this being an actual business. They shot the idea down and said this would never work due to conflict of interest issues. The example they gave was that if one firm is working on one side of a case and I work for the opposing firm as well, even if I'm not working on that specific case, it would be an ethical issue.

When deciding whether to give this a shot  I wondered why per diem paralegals aren't more prevalent. I assumed it was due to job security, a steady paycheck, and benefits.

Could conflict issues derail my business venture? Could I use a program like AMICUS to keep track of all the files I work on and perform my own conflict search everytime I take on a new file?

Any advice would be appreciated. I really think I have a viable business idea, but want to know what could cause issues along the line.

Answer:
 >Could conflict issues derail my business venture

Of course they could.  You're basically in the shoes of each attorney for conflict issues.

>Could I use a program like AMICUS to keep track of all the files I work on and perform my own conflict search everytime I take on a new file?

Are the firms are willing to give you that information before they even hire you?  The name of every party, firm, attorney, and witness?  I can't imagine they would be.  I still wouldn't hire you.  Because even if you don't have conflict now, you could have one with your next new attorney client, and then I have a big problem.


Title: I made a mistake - brass knuckles

Question:
My boyfriend and I were pulled over the other day. Long story short the car smelled like weed because my boyfriend smokes. He has his med card but wasn’t carrying it so they asked to search the vehicle.

I said yes because they sort of compelled me to by saying if I didn’t consent they would take my boyfriend to jail.

They found a set of brass knuckles in my center console. I genuinely didn’t know they were there.  My car is always very messy and I rarely clean it out (because I’m that type of person unfortunately) They’re my ex boyfriends from years ago and he told me they were legal because it’s technically a belt buckle (because it has a little knob on it to go on a belt) I’m sure he’s full of shit but It doesn’t change the fact they were found in my car.

I’m Michigan owning them is a felony. My question here is am I screwed? I’ve never had a run in with the cops other than speeding tickets. I have a perfectly clean record. Originally the officer had a charge written out for me but after speaking to me said she actually believed me and would forward it to the prospector instead of charging me herself. She said he may not even be interested in charging me.

I probably won’t find out until tomorrow or the next day but what do I do here? Any help or advice would be greatly appreciated.

Answer: If you are charged you get a lawyer to defend you. Answer #2: Have u touched them ever?


Title: Colorado State Board of Nursing is asking me to disclose information and offer an explanation of crimes I was not convicted of before they will approve my RN license. What are my rights? Do I have to disclose anything about charges that were dismissed?

Question:
My application for my RN license in Colorado has been held up for 4 months and I just finally found out it has been kicked to State Board of Nursing for a formal review because of a misdemeanor charge in 2007, that was dismissed.  To keep it brief, buddies and I were horsing around with a football, I ran into an auto shop's industrial garage door. Cops saw it, asked for my DL, which I did not have due to dormitory policy of the front desk holding on to it while guest were staying with you in the dorm. Cops took it as not cooperating, forcibly took my wallet, were they found a fake ID. To them this further proved I wasn't cooperating, because they thought it was my real DL.  Cue arrest and charge of criminal damage. Once at the station they fingerprinted me,must have looked me up in the system, found out I was telling the truth and released me, with a new charge of false driver's license.  Never stepped foot in a courtroom. The auto body shop said there was no damage. Lawyer spoke to prosecutor/judge before court date and the whole thing was dismissed.

Now the board is putting my application on hold until I provide them with this:

"The Board is requesting that you provide court documents related to this criminal matter if available. In addition, please provide a written explanation of your behavior that led to the occurrence. The court documents and your explanation should include the following:

Date(s) of event/offense

Description of event/offense

Location/Court

Current Status/Outcome

It was noted that you failed to disclose this crime on your application. Please also include an explanation as to why you answered “no” to question #148: 'Have you been convicted, entered a plea of guilty, nolo contendere, or no contest for any misdemeanor or petty offense?'"

This was taken from an attachment in an email I received from them. I answered the question "no" because it was dismissed and I was never convicted.  I didn't think about it even coming up. What are my legal rights?  Do I have to describe and provide information on crimes I was not convicted of?  Am I correct in thinking that if the charges were dismissed and I was not convicted of a crime, then I can answer "no" to the above application question? I have already contacted the municipal court where this all occurred, and they assured me it had been dismissed and there were no convictions. They are sending me documents to verify this and I plan on forwarding them to the Board.  Am I legally required to do anything more than that? I feel that if I was not charged with any crimes then I shouldn't be required to provide any information other than proof of dismissal/no convictions. I have put in so much hard work/money/time to be a nurse, it has been so long since I passed the NCLEX, and have waited months to get any information on my application status just to have this hold it up.

Any advice would be a great help and greatly appreciated!  Thank you for taking the time to read this.

Answer:
 This is not a matter of "rights" really.

You have to disclose what they have asked you to disclose if you want a nursing license.

Just reply to the request EXACTLY as it was asked, and nothing more.Answer #2: OP- You can't be forced to do anything you don't want to, including disclosing information about a past charge you were never convicted for. That being said, the CO Board of Nursing has no obligation to provide you with a nursing license if you don't answer their question(s) to their satisfaction.


Title: Went glamping and was charged after checkout for pets, but now they refuse to give me all the recordings of our phone calls (TX)

Question: Went glamping in Seguin, TX with a group of 20 people. Spent a month planning and making calls with the site to get setup. After several calls back and forth with the same reservationist I learned they did accept pets and my guest could pay a deposit upon arrival. It was pretty clear over the phone that my guest would pay a refundable deposit. I called another time and started by saying, "...I know we already talked about pets but is there a deposit for a service animal?"... .anyways, the manager sent me that recording saying it was the ONLY time we spoke about pets and now she's dodging me and will not send any other recordings. Clearly we all know there is another conversation about pets based off how that started out..."I know we already talked about pets" lol what the hell?! How can I get the other recordings from her?

Answer:
 You can’t demand the company’s private property.   They recorded the conversations for themselves, not as a public service to you. Answer #2: Phone calls recordings are company property they dont have to give it to you , the only time they have to would be with a subpoena Answer #3: Did you all not sign any actual written agreement with them?Answer #4: 1. What the hell is glamping?

2. You can't force her to give you the recordings. Stop asking, because that might prompt her to delete them.

3. Service animals - those trained to assist their owners with specific tasks, not emotional support animals - cannot be refused accommodation the way pets can unless they cause a disruption, destroy property, or otherwise present an unreasonable problem.

4. If you want the recordings they can be subpoenaed during a legal proceeding. Any pet deposit charged probably isn't worth suing over.

5. If the pet deposit was charged for an actual service animal, you'll likely get it refunded after complaining to the appropriate authority.

6. Seriously, what the hell is glamping?Answer #5: They don’t have to give you their recordings. If you end up in court you can seek the recordings as part of the discovery process. That is the on,y way you can legally demand them. You can send them what is called a notice to preserve, informing them that in contemplation of a lawsuit you demand that they preserve the recordings. This assumes there are any recordings, of course. They might deny they exist.


Title: [BC, Canada] I went on to my old landladies property to get my bike. She is holding my DD hostage. She wants me to answer questions before she will return it.

Question:
She is asking me to answer all these questions about what I did when I was there and I don't want to until I know what I am exposing myself to. She did not know that I went on her property until after the fact.

These are the questions she is demanding me to answer
Name of the other person who trespassed in my backyard with you.
What part of the fence did you go over?
What part of the fence did you put the bike over?
How long were you in my backyard?
Why you didn’t contact me before you came over and chose to trespass when you knew I wouldn’t be there.

I'm just not sure what to do. She has $350 that I would really like back.
Topic:
Landlord Tenant Housing

Answer: She's holding your designated driver hostage? You should *really* call the police.


Title: [SC] can a privately-held company require employees to give religious greetings.

Question: I was told that we now have to say "merry Christmas" when answering the phone. My company is privately-held and is very Christian-oriented, but not a religious organization, and I'm not Christian. I'm not even religious. I prefer the use of "Happy Holidays" or to just not remark, but I've been told we **have** to say it.

Answer: They aren't making you *practice* Christianity. They're just making you say a greeting. Answer #2: Yes they can.


Title: (Michigan) Band being threatened with legal action due to artwork usage.

Question:
Allow me to cut right to the chase:  A close artist friend of the band initially volunteered to do a couple pieces of artwork free of charge.  It was understood that this artwork would be used publicly such as on stickers, posters, and social media.
**Artist emailed completed artwork files to the band with the following message:**

* "Here are a JPEG and PDF for each of the two designs. These are big but retain their detail when sized down so this size should be fine. If you need anther size though; let me know!"

Redesign edits were suggested by the band in response.  The artist then stated they weren't willing to do any further labor or redesigns for free. This resulted in the artist emailing a "Redesign Estimate" document to the band.

**This document contained the following cost estimates verbatim**:

* 3 hrs Creative services (Including color shifts, line redesign, logo research) - $60.00.
* 1 Master copies of all logos and posterwork including Ai and JPEG files. Includes - $50.00.

Band did not anticipate being charged for services, so they simply did not respond to said email in any form. This being the first time an exchange of money had ever been brought up.  A member of the band then made edits to one of the images before uploading files to social media.

A month later the band learns the artist intends to take legal action against them stating: "while it is correct that I agreed to do this for free, it does not give you the rights to use my property without permission. There's a difference between my designing it for you and your illegal use of my intellectual property, which is what I asked you to pay for, and which became illegal when you took my design to another person and had them alter it without permission."

**The band then received the following email:**

* "[...] This email is to address the issue of payment regarding my logo. Although I originally agreed to work on the logo/s for free, I could no longer continue to make alterations without payment after a certain point. It was at this time that I emailed the [~~band~~] account an estimate for the cost of more changes to my design and for the intellectual property rights to the multiple designs I created for your group (An email to which I never received a response). Overall, I spent over 20 hours designing the multiple logos for your band and I was happy to work with you on that project. After I provided you my work in good conscious, you took the liberty of taking my logo to another designer and completely dismissed my efforts and contributions.  I have attached for reference the estimate that I sent to [~~the band~~] on [~~date~~]  which outlines the amount your group was to pay me for my services and for my intellectual property rights. Though the amount on the [~~date~~] estimate quotes [~~the band~~] at a breakdown cost of 50.00 solely for the intellectual property rights to my logo, I now require the payment in full (110.00) due to your use (illegal) of my property. Though I agreed to work on the logo for free, that did not grant you the rights to alter or in any way change the logo or use it without my permission. Because of your group's decision to take my artwork, without permission, to another designer, you have essentially claimed my work as your own and I would like the full amount of payment before the end of the month, in the form of a check mailed to me at [~~address~~]...  I do not believe your intent was malicious and I very much hope it wasn't but due to your illicit use of my design, a medium which I am spending thousands of dollars to go back to school and earn a masters in, and which, along with [~~other work~~], is my main source of income, I require the amount in full before the end of the month to respectfully complete our business [...]"

**TL;DR** An artist volunteered to do free artwork for the band to be used publicly and is now threatening legal action if payment isn't received by the end of the month on the grounds of using and modifying said artwork without artist consent.

What advice would you give both the artist and band on how to proceed in this situation?  This issue is already starting to ruin friendships and is becoming a hassle for both parties. Please advise.  Thanks!

**EDIT:**
Thanks to everyone for the responses.

**Allow me to present another scenario:**

* Hypothetically speaking, what if the band were to deny the artist's request for pay and instead purged all artwork associated with that artist's designs? Could the artist still go after them if they are no longer using said design in any way shape or form?

Answer:
 $110? Man, you're getting a deal. I charge $1500 minimum for band logos. (and yes, I get it)

This artist needs to get their act together, tho - even free work, I throw it under a contract on a buyout basis - I'll design any logo you want, do ONE round of changes for free - then it's the band's, to do what they want with. That's pretty much standard in the music industry,and I've worked from everything from small start up bands on their own, to the big labels.

This sounds more like someone being butthurt their work was altered, to be honest. Pay them the INCREDIBLY CHEAP deal of $110, get a piece of paper that says you own it - and forget that artist exists. From now on, any artwork you have done, wether it's logos, album art, banners, flyers, whatever - make sure that it's a buyout, and insist on paperwork declaring that - it will stop a lot of potential headaches later on if you rise in popularity.


Title: Waitress presumably used card receipt to find me on facebook and yell at me for forgetting to tip

Question:
Firstly I'd like to say that I'm from the UK where waiting staff are paid the same minimum wage as everyone else, so not tipping isn't as much of an asshole move at home, I try to tip over here when I remember to, but this was my first day in the US after a tonne of travelling and I wanted to take my fiance's siblings out for breakfast with us and totally forgot to tip. I was sent a really nasty message by our waitress detailing her income and trying to guilt trip me. I had no mutual friends with her, so the only way I can see her getting my name is by using a receipt from paying. She also found my fiance and sent her the same message. We tried calling her place of work, but the manager said no one of that name worked there and all they could do was tell their employees not to do that shit, which seems like bs to me, since I would assume they can find out who served which receipt owner.

Sorry if this is kind of rambly, I'm not a very confrontational person and this has really fucked up my anxiety, but I feel like it must be against the law to hunt down the people who you served like this.
Topic:
Consumer Law

Answer:
 >I feel like it must be against the law to hunt down the people who you served like this.

It's not.Answer #2: It's not illegal provided it stops here and doesn't move on to full harassment. Shit happens. Try to shrug it off since it was just an accident.


Title: [Boulder, CO] I tried to buy a new car from dealership, deal fell through, they claim they can keep my down payment

Question:
On Saturday, the dealer and I came to an agreement of $3000 down. I sign a "buyer's order", and was told to come back on Monday to finalize paperwork.

I show up Monday, they now say "We can't do $3000 down, we either need $7300 or a co-signer". I tell them I'll see what I can do, and show up the next day.

I show up Tuesday, tell them I cant meet their requirements, then hand over the keys. They go to the "back room" and work out a new deal: $3000 down from me, plus a $3000  0% credit card, so $6000 total for them. I tell them I need time to think about it, then they grill me: "Whats to think about?".

I tell them I need time to think it over again, they grill me further, then I blow up on them for jerking me around. The dealer says get out of my store, I'm keeping $1000 of your down payment.

Can they keep that money legally? It was on a credit card, so I could just charge it back, but I don't want to dig myself into a legal hole.

Answer:
 Did you get your own loan, or was the dealer going to apply for financing on your behalf, or were you going to finance the car entirely on credit card debt ?

You say you "handed over the keys";  did you drive the car this weekend ?   "Spot delivery" deals are common and not always a scam, but they sometimes are, especially when they change the deal dramatically.

Was there any paperwork that accompanied the down payment other than the "buyer's order" ?    Anything that might say it's really a "non-refundable deposit" ?

Did the dealer actually credit $2000 back on your credit card ?

Generally deposits must be separately accounted for in order to become non-refundable.    Down-payments are part of the payment for the car and go along with the purchase of the car.

In general, if you agree on the terms of a deal (price, financing conditions, term of loan, interest rate, etc) and the dealer cannot fulfill that deal, then you can break the purchase contract and must be refunded all of your down payment and/or trade-in.

If your contract doesn't say anything about a non-refundable deposit, you can consider a chargeback, or you can demand a refund, and/or you can sue in small claims.

What type of credit card ?  Folks might be able to help you understand their chargeback rules and whether they apply in this case.


Title: Previous tenant wants kitchen back after 17 months since move-out

Question:
Hi,
I’m sorry in advance for any mistakes.
This happened/happens in Germany.
Me and my roommate moved into our flat 17 months ago.
The previous tenants tried to sell their ten-year-old no name kitchen, but we didn’t think it was worth the money. When we moved in the kitchen was still installed, we used it since the old tenants were okay with it til we got another kitchen.
The problem: they never picked it up. We last talked to them in December 2016, they said they’ll need to get some people but will take it in January.
They never called again and we were okay with this and continued using the kitchen. In the summer the fridge broke, we bought our own and got rid of some cabinets.
Fast forward to this year, the guy suddenly appear at our flat and informs us that they want to get the kitchen out of the cellar compartment. We told them the kitchen is still installed (since they wanted to take it down and we are three girls then).
A week later we get a letter that now they want money from us (500€ as they previously requested as compensation). We wrote back that they won’t get money because they neglect to call for a year, but we offered that they could pick it up (with a deadline to make a date for that).
At the last day of said deadline they answered that they don’t know what to do now, they’ll message us again which they did today. Now they want to see the kitchen.

Does anybody know if they can still claim the kitchen?
We’ll probably talk to a lawyer next Monday, but since they want the meeting to see the kitchen next week, we think we should answer before that.

Thanks for reading.
Topic:
Non-US

Answer:
 I love how this post has upvotes but no comments because nobody knows what the hell OP means by "kitchen".

OP, this sub is heavily U.S./Canadian leaning. Can you clarify what exactly you mean when you say "kitchen"?


Title: Getting married for the military, what should I be worried about

Question:
Me and my girlfriend want to be married so she can get out of her house because her parents are being emotionally abusive to her. However, I will be sent to boot camp in two months and I don't know whether there is anything that the government can pinch me on. Me and my partner are 18.
Topic:
Contracts

Answer:
 This is an incredibly bad idea, but it's not illegal.Answer #2: You should get married if you're in love and want to get married.

Your partner is 18 and an adult.  She can move out whenever she wants, marriage or not, you or not.  She can just up and leave.

> I don't know whether there is anything that the government can pinch me on

What does this mean?


Title: Accidentally got married, meant to form a domestic partnership. How to proceed?

Question:
***I am in Denver, Colorado. The form we filled out was called an affidavit of common law marriage and yes, we are sure we are really married. I posted this last week but I am reposting because the answers centered around whether or not we are really married and that did not answer my question. Any help is greatly appreciated!***

My partner and I are 23 and we wanted to form a domestic partnership so I could be on his insurance. I went to the Clerk and Recorders Office and explained what we were looking to do and they gave me the form we ended up getting notarized and filing. We should have done more research admittedly but the person seemed confident it was the right form so we confirmed it with some quick google searches and everything seemed fine.

About a week later my boyfriend texted me saying “did you know we got married for real for real? So we did some deeper research and sure enough, we did.   Now we are trying to annul the marriage and re-form a domestic partnership, but there’s nowhere to check given wrong paperwork or something of the like on this petition for invalidity of marriage and it’s $280 to file:

Valid reasons on the form:
1. A party lacked mental capacity due to mental illness, drugs, or alcohol.
2. A part packed the physical capacity to consummate the marriage by sexual inter course.  3. A party was underage
4. One party entered into the marriage in reliance upon a fraudulent act or representation by the other party.
5. One/both parties entered into the marriage by duress exercised by the other party of a third party.  6. Marriage is prohibited by law: prior to the dissolution of other marriage, related to one another, void by the law of the place where the marriage was contracted.

On the next page it says that if one of the boxes aren’t checked AND an explanation provided, the petition may be dismissed and we may have to file another action with the court.   Filing this won’t be cheap so we don’t want to pay that if it’s just going to be thrown out because our situation isn’t written out  in black and white on the paper. But if those will work we obviously want to do that.

I went back and talked to the manager of the person who gave us the wrong form, and he said that if the courts needed to talk to him for him to back up that we meant to get a domestic partnership, he would do that. But not before claiming that “they don’t give that form out in this office and they ask lot of questions when people even try to get those because they’re so rare.” Wtf.

How do you think we should proceed?

P.s. I think it’s bullshit that dares and being under the influence are on there but not something like this.

Thank you so much for your help in advance!

Answer:
 >  The form we filled out was called an affidavit of common law marriage

...What part of the form stating marriage on it made you believe this wasn't marriage?

You're married. There are not easy ways to get unmarried. Read things before you sign them and have them notarized. Probably consult a family lawyer about this.


Title: [argentina] friend listed me as witness in severance lawsuit at a company she didn't really work at

Question:
I'm guessing no one will have specific advise because I live in Argentina, but just ballpark of how should I act would be appreciated.
My friend used to have a fake position in her god father's company. Her god father and her father had a falling out, and the god father "fired" her with no severance or notice.
She's suing him for this and asked me to list me as a witness. I told her I wouldn't lie for her. I'd tell I was aware of her having a position in the company but I had never visited at work, nor do I know any details of it. Which is all true.
She told me their lawyer will want to talk to me to prep me or something, like to know how to respond. But that they won't try to make me lie.
It sounds to me they are totally trying to make me lie for them! Any advise? Am I going to get into trouble for not ratting her out even if I don't lie? Am I lying without realizing by omitting information?

Answer: You saying that you were "aware" of her working at that company is lying. You know that she did not work there. You can say that she told you she worked there, but it sounds like you're actively trying to lie for her without lying for her, and that's a very bad idea.


Title: [OH] Speeding camera ticket

Question: If I received a speeding ticket from a camera in the Cleveland area, am I required to pay it? I've heard that you aren't required to pay the ticket if an officer isn't present, but an officer signed the ticket.

Answer: Yes, you're required to pay the fine. In most states, it's simply a fine, and doesn't actually affect your driving record.


Title: How long can I stay in the house my boyfriend owns if he dies? (Maryland)

Question:
Asking for a friend - older couple living in a house he owns and pays for. He has children and grandchildren, and they are set to inherit his estate. She is concerned that if he passes first she won't have any warning if the kids want her out. Wouldn't they need to evict her, and wouldn't that take some time?
Thanks in advance!

Answer: He could grant her a life estate in the house, conditioned on her payment of the mortgages, property taxes, etc. If the older man wants his girlfriend to be allowed to stay in the house, he should speak to an attorney and include that in his estate plan.


Title: [MA] Is it illegal to bury someone's car in snow?

Question: Sorry for the long story, I just want to make sure that I'm not doing anything illegal. I live on a very long street with only 2 houses on my side and the other house doesn't have any cars. So basically the only spots that are ever shoveled on my side are the ones I shoveled so there's no neighborhood teamwork or anything. I spent the whole afternoon shoveling out 2 parking spots in front of my house today. One for mother and one for me. I left to grab some Dunkies and lo and behold, someone is in my spot that I literally just left. No I did not use a space saver, I don't believe in it but I respect it, I wouldn't park in someone's spot that they shoveled. I only go to places with plowed parking lots in times like these. The car was pretty much entirely cleaned of snow so I figured he was one of those people that park overnight in garages to not deal with snow. Me in a fit of petty rage, emergency parked on the street and shoveled a spot in front of him and dumping the snow on his car. Not ice or hard snow or anything, just lightly tossing the snow on top of the car and around it so it'd be a bitch for him to get out since I'm pretty sure he doesn't live in my neighborhood, so he has no shovel. I finished parking and after an hour I get a knock on my door from a guy telling me he was gonna call the cops on me for apparently vandalizing. I know for a fact the snow did not damage his car because he didn't even shovel his car out. I told him it wasn't me so don't come to me accusing me and he threw a fit but eventually left, no cops or anything. But in future cases, is this legal?

Answer:
 > I told him it wasn't me so don't come to me accusing me

For future reference, you handled that part pretty well.  Refusing to answer the door would have been better, but you still didn't admit doing it, so that's better than a lot of people who post here.

If the police ask you about it, don't lie to them.  Tell them that you don't want to answer any questions without a lawyer.  I doubt they'd want to investigate any more unless the guy has video of you doing it.  Even then, it's a lot of work for a case that a local jury will just toss out, so they'll probably just tell you not to do it again.Answer #2: If this is illegal then God is in some severe trouble in northern Michigan, California, Wisconsin, Minnesota, Montana, etc.


Title: How often do ridiculous at-will terminations actually occur?

Question:
I always see funny posts on here saying that "you can be fired because you used the microwave a second longer then normal" or "you can be fired because it's Monday and they feel like it", but how often does this actually occur?

&nbsp;

Most big companies still issue write ups and generally don't like to terminate people super fast (I think). I know Walmart has a "point system" for disciplinary action

Answer:
 They occur more often at smaller businesses. Retail and restaurant industry are the most frequent.

Larger companies typically don't fire people that quickly due the time and expense it takes to recruit and train associates.Answer #2: I also suspect that most of these "ridiculous" reasons are understated or merely the last of a string of other things... The straw that broke the camels back, as they say. Answer #3: The problem with the hyperbolic responses is they are often wrong.  California for example has about 100 exceptions to at-will employment and funnily enough people will rattle off examples that do violate the law.

You can't fire someone in Texas for having filed bankruptcy in the past.  You can't fire someone in Florida for having a gun in the car.  You can't fire someone in California for refusing to sign a non-compete or for taking time off work as a victim of domestic violence or refusing to hand over social media passwords.

The list continues and the hyperbolic examples mislead.  I recall someone said "smoker is not a protected class" but in fact it is in 29 states.Answer #4: Very seldom outside of movies and TV.

When they do, it's either a bad boss or the latest in a long string of annoying things the employee has done.  In other words, you're not being fired for humming to yourself, you're being fired for doing a hundred things every day that distract your co-workers.  The humming was just the last one.


Title: Is this Guardian Ad Litem blackmailing my friend? -VA

Question: A friend of mine is going through a custody case. She did not send the child on 2 of the father's scheduled visits due to the child being in the hospital (which she submitted paperwork to her at-the-time lawyer proving this) and the driver of the vehicle being an elderly man who is battling late stage cancer and is taking high doses of pain meds so she did not feel safe with the elderly man driving her daughter under those conditions. The GAL is favoring the absentee father, even though he has 2 child abuse charges already and failing hair follicle tests for drug use (cocaine and crack). The GAL told my friend that if she did not sign the proposed court agreement, which she does NOT agree to, then they would pursue the show causes that they filed against her for not sending the child with him. When she still told them that she would not sign an agreement that she did not agree to, her ex pulled 2 more show causes out of his pocket in front of the GAL and said, "Then I guess I will go file these two other show causes right now!" and they were show causes that he started filling out last month but then stopped and held onto them. He is basing those two show causes on the incidents where he agreed in writing that he would come pick the child up even with it being her required date to provide transportation. She does not agree with the order because they are requesting things like, "The father gets 7 day long visitations and the mother is not to call daily during his visit with the child" yet the child is not familiar with this man and the mother wants to talk to her once a day before she goes to sleep. They are also requesting things like the mother's last name is to be removed from the child's name, even though the child's last name is already hyphenated with both parent's last names. The judge already told her she can follicle and urine test indefinitely at her own expense, yet the GAL is pushing for limited testing with extensive warnings of the upcoming tests. The GAL told her that he is helping and assisting the father because "fathers have rights regardless and if she don't sign, he will assist the father in making sure that she goes to jail." Their plan is to lock her up so that the father can go file for emergency custody. Is this legally blackmail, and what can she do about it? She already tried to get another GAL but was denied

Answer:
 Where is her lawyer in all this? The GAL threatening to send her to jail if she doesn't sign an agreement is extremely troubling. Does the judge know the GAL said this? The GAL shouldn't be looking out for anyone's rights except the child's. Your friend might want to find out where to file a complaint about the GAL, because this is someone who has their own agenda and isn't watching out for her child.Answer #2: >The judge already told her she can follicle and urine test indefinitely at her own expense, yet the GAL is pushing for limited testing with extensive warnings of the upcoming tests.

That sound reasonable enough. Indefinite, unscheduled testing seems onerous and unusual.

> The GAL told her that he is helping and assisting the father because "fathers have rights regardless and if she don't sign, he will assist the father in making sure that she goes to jail."

GALs are trained/appointed by the court precisely to avoid them having a vested interest in an outcome favorable to a particular parent. While anything is possible, it is VERY unlikely that a GAL would jeopardize their career by so blatantly playing favorites. Moreover, a GAL would know that a jail term is NOT the remedy for a visitation contempt action. Did anyone witness the GAL say these things or is this your friend's interpretation?

> Is this legally blackmail, and what can she do about it?

GALs have a duty to be unbiased. Assuming everything is true as written, she should contact her state bar association and report this as a possible ethics violation.


Title: Can my landlord ban me from using Patio?

Question:
I live in Brooklyn and we have a huge patio (the patio door is right off our kitchen) and our landlord has a rider in the lease that says we cannot go out there.

I learned that this was because the tenants before us threw a party and something broke, so now they won't let anyone out there. It's annoying because we are very responsible tenants and wouldn't dream of throwing a rager, we're just not the type.

We have been here 3 months now and have followed the rules by not going on the patio, however I asked if she could grant us permission now that we've been here a while and have earned her trust and she still said no.

&#x200B;

The Rider reads: Tenants acknowledge that there is a terrace as an adjunct to the unit and tenants are not allowed to use, occupy, and store tenants property on the terrace for any purpose. Tenants agree to provide access for the landlord to the terrace for repairing and emergency services purpose.

Answer:
 You explicitly agreed not to go onto the patio in your lease. Yes, the landlord and you can agree to limit the area you're allowed to use. The landlord didn't ban you from using it, you agreed to not use it.Answer #2: You signed a lease agreeing that you can't use the patio.  Therefore, you can't use the patio.

Answer #3: Completely legal clause to have in the lease. They shouldn't have agreed to it if they didn't like it.


Title: Former Coworker Calling me a Stalker

Question:
A former coworker told anyone who would listen that because I have "no life and no friends", I was stalking him. Despite the fact that I rarely leave the house and I am currently engaged.

I was harassed by my coworkers to a point where I was forced to quit because anyone who saw me out in public would report it to my manager as a case of "stalking".

Is there anything I can do now that I don't work there? These former coworkers are vilifying me wherever I go in town and I'm afraid to leave my apartment because of it.

Also I'm not a stalker and have never stalked anyone (except for the occasional Facebook research on old and new friends but nothing creepy).
Topic:
Other Civil Matters

Answer:
 IANAL and I'm not going to give you anything resembling legal advice.

I am, however, going to urge you to talk about this, and your anxiety in general, with a medical professional. Anxiety is bad enough, but it can also affect your perspective on people and events. It's possible that your responses to these people have been amplified by the anxiety, but you're not able to recognize it. Talking to an unrelated third party can help sort it out.

I'm sure other people will be able to give you legal advice. If any of them sound harsh, just consider that they might be having trouble putting themselves in your place. I wish you all the best. Answer #2: you either have incredibly thin skin or, more likely, some form of mental illness if you think "these former coworkers are vilifying me wherever I go in town and I'm afraid to leave my apartment because of it."

I promise you that former coworkers are not telling the clerk at the grocery store or the gas station attendant that you "stalked" someone.


Title: Legal Advice - To what extent does your company have to accommodate your disability?

Question:
I work in a consulting job in DC that requires fairly frequent travel (when we're fully engaged, it could be every week for 2-3 days). The unstable lifestyle and stress of travel triggered a bipolar episode and landed me in the hospital over Memorial Day. I've been struggling to control the bipolar for years, and am finally regaining control with an awesome support team, the right combo of meds, and creating a lifestyle that works for me.

I filed for an accommodation at work to only travel twice a month. They denied it, and then told me that if I can't get another job in the company (which I have to be qualified for and then apply, interview, and actually get the job), they will have to let me go. Isn't that illegal? Also, when I received the offer I was never given a job description that says travel is required. Is this something I should take the legal route?

Answer: The accommodation has to be reasonable and not cause an undue hardship on the company. If your job requires frequent travel, as you say, then asking to only travel twice a month may not be reasonable.


Title: Seller refusing to send title to vehicle

Question:
I hate to pursue this but I made a down payment on a vehicle from a friend that was moving across the country in late April. The title was sent by mail to himself along with his stuff to his new home and I patiently waited for him to receive it to mail back to me. I continued to make monthly payments, then he texted me telling me he received his belongings and was going through it that day.

I know he's probably very busy so I didn't press. I made inquiries every few weeks with no response and I know he's capable of getting back to me because he continues to post to social media.

I've had it insured for a couple months but the registration tag is about to expire and I can't register it myself. I've sent him a text telling him I can not continue sending money unless he gets me the title or give me the money that I've paid him. I paid the down payment in cash and have sent payments by Venmo. I've also put a considerable amount of money and time into the vehicle but i doubt there's anything I could hope to get out of that.

Is there anyway to protect myself from getting taken advantage of? I've never had to consult with a lawyer before but what are my legal options? I live in California and the vehicle is also registered here.

Thank you for reading through and advice is appreciated.

Answer: Absolutely stop paying.  Without a title, you do not own the vehicle and you are throwing good money after bad.  To be honest, this is the behavior of someone who did not have a legitimate title to begin with.  Figure out the total amount of money you have put into the car and sue him in small claims court.


Title: Need advice on how to handle collecting a loan I made to a friend

Question:
UPDATE:

A Demand Letter was sent and delivered, however he did not reply to my legal counsel. It looks like this is going to go to litigation. Has anyone dealt in  this before? What can I expect in terms of timing, items from my end, what I'll have to do personally, other than pay legal fees? I know that if he doesn't show up I'll get a default judgement, which I actually assume may happen, but what then? How do I collect?

Here's the jist:

I loaned a friend of mine who resides in (IL) a different state than me $15,000 in principal to help him start his company. All of this is documented via email, with the terms laid out and his agreement to the terms. Long story short he defaulted a few times on the maturity date. However, he eventually paid me 50% interest and principal back via a check from his personal bank account in the sum of $22,560. This check was written from his bank account in Chicago. I deposited the check and this past Friday I was notified by my bank the check bounced due to insufficient funds (We bank with different institutions). I have tried contacting this individual all weekend and this week, however either his phone has been off or he hasn't replied.

I have hired legal representation to write a demand letter, however what else can I do? He won't answer his calls, texts, or reply to emails. Is this going to go to litigation?

Any advice would be appreciated.

Answer: It may have to end up in some kind of litigation.  If we're talking about $22k here we are outside of the IL small claims limit.  You'll likely need a lawyer if you can't work out payment with this "friend."


Title: [NYC] Does a live-in partner have rights to half your property?

Question:
So the other day my mother and I were chatting about my girlfriend who now lives with me (moved in about 2 months ago). To clarify, I live in Manhattan in a co-op apartment that I bought  a while ago; the co-op shares are solely in my name, and I have a private mortgage with my mom, so the mortgage note/lien is also solely in her name. My mom claims that, from what she's discussed with her other moms/housewife friends, a live-in girlfriend/partner -despite not having her name on any of my property or documents- can eventually claim half of my property by proving she lives here. So my mom was warning me not to let her  ship things to my address or anything that might otherwise indicate her living here. Obviously, this is all hypothetical as my gf and I are doing great, but a) if the worst case scenario somehow ends up with us on bad terms, b) just to satisfy my curiosity and prove my mom wrong (or right), I'm curious what the real answer is. At first I thought this idea to be absurd, but knowing squatters law and NYC landlord/tenant laws and whatnot, I'm not so sure.
Topic:
Real Estate law

Answer:
 Absent any agreement with your girlfriend, the short answer is: no, she does not have any claim to your property. She's a tenant and you are her landlord.

If you get married and then divorce, then things are more complicated. New York is an equitable distribution state, which means (if the divorce is disputed) that a judge will determine what is a fair property split based on what each partner contributed during the marriage.


Title: [NC] Do I have to register No Trespassing signs with my county?

Question:
Instead of going into a long drawn out story, I live on a small road with 3 houses on it, and our street sign has PVT high-lighted on it, and I assumed that meant "Private Road" in which only residents or guests can be on the road.

There is a second separate road that runs in behind my house (which also cuts my property in half) that leads to a small trailer park in the woods. A school bus driver drops kids off at my road and they walk through my yard to reach the road behind my house. My neighbors and I also have four small dogs all chihuahua breeds that bark and walk to the kids and the kids have threatened to kick our dogs if they get too close, even though I'm under the assumption they are walking on private road, and eventually through my private property.

My mother says if I want to put up No Trespassing signs to stop the kids from walking up my road I have to register them with the county, because if I don't and I call the police to inform them of the trespassing they will ask me if my signs are registered before they will do anything, and also that school bus drivers are under strict rules that state they can't stop at individual houses, they have to drop a group of kids off at one stop, since there are a few more kids that get off at the same stop. I have asked the kids to stop walking through my property, but they haven't.

Do I have to register signs with my county, or since my street sign has PVT on it can I stop them from walking through my property, or can I call the school and ask them if the bus driver can change the bus stop?

I know it seems trivial to be slightly annoyed that these kids are walking through my property, but if they have threatened to hurt my neighbors dogs, or my dog, I would prefer to stop them. Thank you for your help.

Answer: I don't know the answer to your question, but putting up a fence seems the easiest solution. It's not like you can expect kids to be able to read and understand the legal ramifications of signs.


Title: Idaho- it’s legal to advertise I’m giving half of the proceeds of a product to charity as long as I follow through right?

Question:
Ok, sounds really dumb when I type it out but just want to cover my bases and make sure I don’t have to apply for a nonprofit or something.

I am going to be making a print specially for an upcoming event. I want to let people know that half the proceeds from the sale of that print will go to charity. As long as I follow through and donate is there anything else I would have to do? I would post on my Facebook and website the total sold and how much was donated for the sake of transparency.

Answer: It probably couldn’t hurt to get written permission from the charity in question first.


Title: Is it illegal to leave a co-worker in another city when out of town? FL

Question: Basically says it in the title. He drove me to the point of either killing him or leaving him at a gas station. I left him at a gas station. It was in the middle of the day, not in a bad part of town, and about a 2 hour drive from our home town. I didn't get fired, I got yelled at, and my boss had to pay for his ride back. This was 5 years ago. All of the sudden I got a letter from a lawyer giving me a chance to "Settle out of court" for pain and suffering. Should I just ignore it?

Answer: You should ignore it until there's actually a court case filed. If you get served with a lawsuit, stop ignoring it. (A lawsuit is likely total BS as well, since it's probably way past the statute of limitations.)


Title: My roomates x girlfriend refuses to move out of our apartment. What can I do?

Question:
Alright I'll try to keep this short. Hopefully my spelling errors are minimal because I am on my phone. First of all, I live in oregon since I know laws differ state to state.

My roomates x girl friend moved in a little over a month ago when they were still dating. When I say "moved in" I mean she has never paid any portion of rent and she wasn't signed onto our lease. The reason for this was a) our lease ends august 30th and b) she does not have an ID, a birth certificate or social security card. There's record of them of course and she could obtain them if she was willing to go to the trouble to file for more copies but she lost of all them at certain points in her life.

Not long after moving in, her and my roomate got into many fights because she is freaking crazy and he finally broke up with her. He told her she may stay until she found a place to move to. In that same week she stopped going to her job and was fired.

She keeps trying to say she has no where to go and we attempted to give her time. However I KNOW if we kicked her out she would have people who would not let her and her cat sleep on the street and take her in. She is simply being picky because she feels she can. ( I've heard her say she can move in with her best friend she just thinks that theyll fight sometimes) She also has a car she could live in had she not been so stupid as to not show up to work she would have had money to pay rent herself or to others to appeal to them. That being said a week after she quit her job, she somehow managed to get another job despite having no ID, birth cert., SS card etc. Within the week she had being fired from that job for not attending.

Its no surprise to me nobody really wants to take her in, even her own mother. She drinks constantly and is always home because she was fired. When she drinks she tends to wake up my roomate @ 4am in the morning to start verbal fights that I then wake up to.  She brings people over *constantly* without asking if its ok or letting us know and she's loud and watches movies very loud and late into the night. She tells our neighbors its okay for them to play loud music when ive explictly told her and them i dont want to hear subwoofers above my bedroom at 3 am. She tries to guilt other people into buying her cigarettes and beer because she has no money or ID. And even now that she has endless free time she does not try to get her ID.

Anyways moving into the legal issue. We want to kick her out. However, we were informed by her of a law that anyone who lives with someone for more than 30 days in oregon gains certain rights, the main one that we must give her a 30 day notice. I beleive it may have to be noterized (?). I can't stand living with her another 30 days, and I'm worried the people she invites over may steal my things too and I'm losing sleep. What can I do?

I don't beleive I can talk to my landlord because they will likely say that because we didn't put her on the lease when she moved in that we broke our lease agreement and charge us/evict us. Even if I get the 30 day notice noterized and she signs, if she refuses to leave on said 30th day I will have to call the cops to escort her off my property which I think could potentially result in a police report being shown to the landlord. At the very least I would assume they would have to ask the landlord some questions to make sure she's not on the lease and doesn't have the right to be there before they remove her.

The other thing I'm wondering but I assume is probably a grey area and useless to pursue is technically she hasn't slept here 30 days in a row. I have some proof of her facebook messages where she tells me she is going to her friends for the night, however her clothes and cat have been here for the 30 days.
The only reason I bring that up is if I kicked her out tomorrow and had to call the police and contact the landlord I could say she hasn't been living here just mainly visiting her boyfriend now x. Our visitors are allowed to stay the night technically. Anyways I doubt I can pursue that option.

What can I do legally? What is the best move here? Also I will be getting a lock for my door.

Answer:
 Full disclosure, I skipped reading the majority of your post.  While it is all extremely important to you, it may not legally matter.

Legally, she is a tenant.  You need to give her [30 days written notice to vacate](http://www.avvo.com/legal-guides/ugc/evicting-a-tenant-in-oregon-how-to-clear-out-the-tenant-from-hell) for a no-violation lease.  I doubt there is a lease agreement that she violated. However, if that happens to be the case, you can provide shorter notice if the violation is for non-payment of rent.


Title: 90 day past due Uhaul trailer.. ramifications?

Question:
Ok...here is the deal l have just learned that a friend due to not having a place to store her stuff has kept a 5x8 Uhaul trailer out for over 90 days. She says they have not called her.  I have urged her to call Uhaul and make preparations to return the trailer ASAP.  I said to her it is very possible there could be a warrant out for Grand Larceny in her name...at the least...some exorbitant fee and bill.

Looking for advice to relay to her, and to keep her from getting arrested.  Any positive comments are welcomed and encouraged.  Factual data of what type of trouble she could be in is especially welcomed.

Thank you

Answer:
 She rented a U-Haul and just... kept it? Oh man. U-Haul generally charges by the *hour* on late fees.

[U-Haul has an online fee checker](https://www.uhaul.com/Payments/), so she can put in her customer number and see how much of an insane bill she has racked up.Answer #2: In California the trailer would have been reported stolen at about 10 days overdue and she would be facing felony charges ***and*** late fees amounting to thousands of dollarsAnswer #3: Uhaul has reported the trailer stolen. She needs to return the trailer. She is going to owe a lot if money.Answer #4: Additional advice, she should move her stuff into self storage, and perhaps have someone as backup listed on that contract who can make payments, in case she does get arrested. Not only would self storage, especially if it's not climate controlled, be far cheaper, but if the trailer was reported stolen and it gets impounded it'll be a nightmare trying to get her stuff back, especially if she's in jail.Answer #5: Her U-Haul contract should detail the ramifications of her not returning the trailer on time.


Title: I got a wrongly accused traffic ticket

Question:
The other day I made a post about how I was pulled over at my university for driving past a stop sign. Yesterday I drove by the same spot and noticed there was no stop signs in sight. I pull over to the spot where the cops pulled out of and noticed there is still no stop sign in sight. I took pictures the only things that resemble a stop sign are a yellow yield for pedestrians at the crosswalk. Do I just go to court and explain this? I’m sure the officer made a mistake and confused the sign as he pulled up from the right turn after the “sign” and stopped me so he dEF had no vision of the signs front. I didn’t say anything to the officer bc I assumed he was right. What should I do?
Topic:
Traffic and Parking

Answer: Court is where you provide your defense to a ticket, yes.


Title: Can I overpay my employees?

Question:
Say I want to pay everyone in my company ten times what they're worth on the market. Can I do that? And once I do that, can I keep it secret to the outside world(excepting regulating authorities-e.g. government)? If not, to what extent can I do that(how many people can I pay that way, how much can I overpay them)? What about unlimited vacation? What would be the safest policy on that, going by the numbers/percentages? The secrecy is not crucial for this thought experiment and can be dispensed with. The workers' happiness manifested in material gain and/or perks to an unlimited extent is.

I'm not from the US, but I imagine I would want to start my business there. I'm very interested in the world as a whole, however.

Answer: There is nothing illegal about hiring people and paying them absurdly high salaries. You could hire your employees and pay them $500/hr if you want to. I don't think you can prevent them from discussing their wage though.