Title: [USA, IL] Friend was demoted from full-time to seasonal, is this legal?

Question:
A friend of mine has worked at the same retail company for five years. A month ago, she was told that a different location (Location 2) was short-handed until they hired seasonal staff, so she was told to help out over there for a while. After a few weeks of fewer and shorter days, she asked when she'd be able to go back to her full-time position at Location 1. She was told they hired someone else to take over her hours, and that she was permanently moved to Location 2. Also, that her new position is seasonal, and she'll be let go at the beginning of January.

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Does she have any legal recourse to this? It seems shady that they wouldn't have, you know, hired a seasonal worker for the seasonal position.

Answer: That big of a change to the terms of employment probably falls under the term "constructive dismissal". She should file for unemployment and start looking for work right away.


Title: AZ: Roommate gave notice about not renewing lease, I did not. They gave away my apartment.

Question: Lease says only one person needs to. They said that the other roommate would have to come in and sign before they gave it away. Am I out of luck?

Answer:
 you guys don't have separate leases with your landlord.  you are both under the same lease.  there's no such thing as he gave notice, you didn't.  he gave notice for both of you.  if you wanted to renew with just yourself, then you needed to sign a new lease, not renew your existing lease.

most likely it's too late if they've already given away the apartment.


Title: I apparently owe money to someone (I don't even know how much)

Question:
So I was added to a group chat with a friend (let's call him G) and his 2 other female friends which one of I dont like (let's call her D). They added me because they wanted to go to medieval times during a weekend and they wanted to see if I wanted to go but I said no multiple times. D couldn't take no for a answer and my use to be bestfriend G wanted me to go because he didnt like her very much and didnt want to go with her and another person. I left the group chat so they would stop bugging me and I told G my reasoning why I didnt want to go. He still didnt care so I gave in said yes. Week passes and we are at the place sitting in the parking lot waiting for D to show up. D calls to ask I have the money to pay her or else I'm not getting in. I didnt bring money because she invited and also I left the group chat before any price what said so I didnt even know that I had to pay her. My friend didnt have for her so he said if he can't go in for that reason I cant either. But she finally let us go and it was a ok and akward time since she knows I dont like her at all. I dont know if in the wrong and I have to pay her but she keeps pressing on it every day saying that she is going to show it and claim it. Thing is I dont have her money because I thought it was a invitation. G took her side and blocked me because he doesn't like the fact that I dont her stuff. I'm now completely in the dark in this situation since I'm only 16 and medieval times can be expensive and she bought VIP tickets that come with birthday stuff. I dont have a job and why would I burden my parents unless I have to. G have her my address and coming today or tommorow to my house to talk to my parents for the money.

Should I be worried?
Topic:
Douche

Answer: It would have been awkward to sit in the parking lot while everyone else ate but why would you think you shouldn't have to pay back the money after it was made clear that "pay her or else I'm not getting in"? If you can't afford Medieval Times and VIP tickets, don't go.


Title: Apartment Owner Making me Pay for Roommate

Question: I live in the State of Washington. I got a call today from my tennent. My roommate moved out on active duty which apparently makes him exempt from paying apartment fees. She said that since he was on active duty now I am responsible for the rest of the rent that is due. Is this legal if not what are my options? My roommate did not give me a heads up that this was coming.

Answer:
 If you were both named on a written lease, you are jointly liable for paying rent, which means the landlord can demand and collect the entire amount of the rent from both of you or each of you, individually.

Answer #2: I would have thought the termination of the lease via SCRA would have terminated the lease in its entirety giving you the option to either re-sign a new lease, or leave.Answer #3: are you both on the same lease?
Answer #4: Did we really just get the other side of this story? We even got an update from your roommate already. Answer #5: >I live in the State of Washington. I got a call today from **my tennent.** My roommate moved out on active duty which apparently makes him exempt from paying apartment fees. She said that since he was on active duty now I am responsible for the rest of the rent that is due. Is this legal if not what are my options? My roommate did not give me a heads up that this was coming.

So are you subletting?  I'm a little confused about how this is structured.


Title: [USA](California) 4th amendment/Stop and identify laws and the FAA/model airplanes

Question:
I fly radio control models in California. Recently the FAA has stated models nationwide now have to a registration number somewhere on them (including inside, they do not have to be externally visible). Yesterday an FAA official came out to our local flying field and made a big speech about how he is going to start coming out there and checking ever model to make sure it is marked.

My question is how is this legal? California is not a stop and identify state. If someone is not suspected of a crime how can a cop, or even a lesser "FAA official" stop me and request to see my identification and registration numbers? Isn't this a 4th amendment violation?

Answer: It's not a criminal issue.   It would probably be classified an administrative search, and as long as it's brief and for that purpose, those aren't 4th amendment violations.


Title: My girlfriend's ex-friend drunkenly vandalized her car. Need advice!

Question:
http://imgur.com/a/4pS3y

So about a mont ago, my girlfriend and her friend got into an argument that ended with them not speaking to each other. This past weekend, my girlfriend and I were out at the bar across from out apartment and saw her there. Once she realized we were there, she left and walked quickly past us, which we thought nothing of.

The next morning, my girlfriend went to start her car for work and realized that someone had written "cunt"on the side and "see you nxt tuesday" on the back with purple permanent marker. In a hurry to get the expletives off her car so she could drive it, she grabbed a magic eraser and scrubbed them off. Unfortunately the white paint of the car was stained and the clear coat was scuffed by the magic eraser.

My girlfriend pretty much immediately knew her ex-friend had done it the night before, so I texted her explaining that we had called the police and filed a report and that there were cameras watching the parking lot. She responded after an hour saying she had done it and that she was sorry and she was drunk. We told her that there was damage to the car and that she was going to need to pay to have it repaired, after which she told us that if we were able to get it off, she wasn't paying for anything and we were just trying to get money from her and stopped responding to us. A while later she responded saying she had spoken to her lawyer and APPARENTLY was liable to pay for the damages, but she had the right to choose the shop with the best price, and she would need to see pictures of the damage first. My girlfriend sent her pictures of the car, but you can't really see anything because of the white paint. The ex-friend hasn't responded to us in over 24 hours.

We were trying to give her the benefit of doubt so we haven't pressed charges for vandalism and we were trusting her to repair the vehicle but it doesn't seem like its going to happen.

What can we do here? We have no previous experience with this kind of thing, and we don't have alot of money to spend on lawyers. We just want to get this car fixed.

Edit: we are in Pennsylvania, Bucks county.

Answer:
 If only there was some sort of agency that investigate crimes against property that you could call....Answer #2:  Not legal advice and I'm not a lawyer.

  Post some shots up over
At r/autodetailing. We will try to help out
With what is required ... Most likely though
You made  it worse using the melamine sponge
On clearcoat.

If it was just permanent marker some regular
Rubbing alcohol. And a good microfiber cloth
Would take it right off.. Top it with a coat of sealent then wax and you probably would have been all set.
 Now. It sounds like you need a high cut Polish using a DA polisher then a wax at bare minimum. And possibly a respray.

 Ohhh and go to the police.


Title: Can my teacher make me open my bag or search it himself?

Question: long story sort, smartphones arent allowed at my school and after an incident a teacher threatened to search our bags. Can he really do that?

Answer: Assuming that you're in the US and the search is for enforcement of a school policy and not at the behest of law enforcement this is generally 100% legal.Answer #2: NAL, but your right to privacy in a school is virtually nonexistent, they can pretty much search you whenever.


Title: Question about state laws

Question:
About 2 years ago, the attorney general of Massachusetts declared “assault weapons “ illegal. The case was fought in court and finally this week had a ruling. This question isn’t about guns, but constitutional law.

The law was challenged on a constitutional basis. What I am wondering is why does a law stand when it is challenged on a constitutional basis, and why does it take so long to get to a hearing?

If a state passed an outrageously unconstitutional law tomorrow like legalizing slavery, would I be able to own people for 2 years until it got a court hearing? If not, why?

Answer:
 A law can be enjoined from going into effect while it makes its way through the courts, or not.  It's usually the trial judge's initial call, although it can be appealed (or a writ sought, depending on the jurisdiction).

Most of the anti-abortion laws that clearly violate *Roe* are stayed as they go through the process of being declared unconstitutional.  I'm sure a law legalizing slavery would meet the same fate.


Title: My mother has been paying a life insurance policy for over 20 years. She just turned 65 and the life insurance company called her to tell her that her rates will be dropping. They just told her this policy is only accidental life insurance not covering natural causes. She was misled any recourse?

Question: My mother is currently searching all her paperwork from the original acceptance. But she is devasted that she has been paying on this and also has pre existing conditions to try and get a new one. Anyone have any advice?

Answer: Without knowing what her original policy was... how could anyone offer legal advice?


Title: I was unaware of a city earnings tax and I just received a bill dating back to 2014, including a considerable amount of fees and interest charges. Seeking advice on how to proceed.

Question:
I moved to Kansas City, MO in August 2014. I was unaware the City charged a 1% tax on earnings and my employer failed to withhold the 1% from my salary. I am unsure if the tax is something to which I needed to inform my employer or if they should have known to withhold. Last week,  I received a tax bill from the City billing me for the years 2014-16 with an exorbitant amount of fees and interest charges tacked on to the bill.

I have a couple questions. Is five years a legally reasonable amount of time to send someone a first notice while charging late fees and interest on a bill? Do I have any recourse with my (now former) employer for not withholding the tax? How do I go about trying to get the fees and interest charges removed without incurring more charges?

Thanks in advance!

Answer:
 It's surprising that you did not receive any notices before but it's totally possible your return say got randomly audited this year and when they saw you weren't paying that tax they went back and saw it had never been paid.

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Unless your employer deliberately didn't withhold, which is unlikely and hard to prove, it's your responsibility as a taxpayer to ensure you appropriately pay taxes each year. There is likely no recourse against them.

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At this point interest will continue to accrue if you do not make payment. You can definitely contact a tax professional or you can try to contacting the state tax authority and ask them to remove the penalties because it was an inadvertent mistake but it's basically going to be hit or miss whether they are willing to do anything and it definitely won't get rid of interest or the amount you owe.

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Most states have installment plans so if you cannot pay all at once you can contact them and ask for an installment plan but not interest continues to accrue then.


Title: [PA] If I purchased a legal judgment against my landlord, could I withhold rent to satisfy it?

Question:
My landlord is a difficult person who has not been a good landlord. According to my search through court records, he seems to have many outstanding legal judgments against him.

If I was to purchase one of those outstanding judgments from its owner, could I withhold rent from my landlord as a way to satisfy the judgment I bought?

Maybe complicating things, the house and lease are technically with an LLC that I'm 99% sure is just a front for the landlord as the sole owner of the house and LLC. Thanks :).

Edit: Wow :). That was fast. Thanks for the responses, everybody. I figured it was unlikely but wanted to ask. Thanks again for your time in responding.

Answer:
 Oh, lord no.

Also...

>the house and lease are technically with an LLC that I'm 99% sure is just a front for the landlord as the sole owner of the house and LLC.

This isn't a "front." It's the usual way to limit liability from rental property. Answer #2: No, but you could levy the account your rent goes into, if you can show that it's owned by your landlord and not by some other legal entity or if you can get the judgement attached to the legal entity that owns the account. Your bank may even be able to tell you where your checks are going.

In Pennsylvania, withholding rent is limited to repair issues affecting habitability.


Title: Lesbian couple wanting to have a baby with using a known sperm donor - what steps do I take and who do I have draw up a contract that states that he relinquishes all parental responsibility?

Answer:
 You don't. You can't privately contract away parental rights and obligations. If you want to be artificially inseminated and retain the legal rights to the child, you need to do it through the proper channels.Answer #2: It is not possible, anywhere in the USA, to contract away your parental rights and responsibilities except when the insemination is done by a doctor through a fertility clinic.

Ask literally any OB/GYN, and they'll tell you the same thing.


Title: Looking to move in to a place that's Equal Right's Opportunity

Question:
The max allowed combined income is $32,000 annually(before taxes), I make about $24k annually and my friend, who would be signing the lease with me, makes probably about 15k annually. This would be over the amount allowed, however I really can't pass up this living situation, too good of a deal. What would be a legal way of bypassing this? Should I sign the lease under my own name, and write a living agreement with my friend, or should I pick up a second job and claim the second job(with lesser pay) as my job? location: Nashville, TN

edit: My average pay is about $400/week, $1600/month. Rent is $795

Answer: The only way to be able to meet the income requirements is to not be over the income limits. No one here is going to help you scam your city's affordable housing. Sign the lease yourself, because that's what you're supposed to do. You can't have additional tenants, of course.


Title: [HI] My 12 year old son accidentally touched a classmates breast and now she is filing a police report. Need serious help please.

Question: [deleted]

Answer:
 Teach your son not to pester people for "fun".

If she files a police report, get your son an attorney.  You can try to file a report for the strike, if you want.  It's unlikely that either side would have much traction.


Title: Is this girl pregnant?

Question:
Long story short, I met a girl and we had a one night stand. This was on May 23. She told me she was on the depo shot, so we had sex unprotected. I know, it was stupid. Then 2 weeks later on June 7, she messages me saying that she's pregnant. Now I know this story is one sided, but this girl seemed to have a chaotic lifestyle from the stories she was telling me. Things like she hit a deer and lost her job because she couldn't drive to work, her brother committing suicide, going homeless, spending a night in jail for truancy, coughing up blood and going to the hospital, etc. She told me lots of these things after we hung out. I wasn't sure what to believe was true. I told her that I don't think we should keep talking, so I try to cut contact. I wake up the next day to several messages from her calling me names. Apparently she got really drunk. Then she starts apologizing and texting me lots of messages. I call her to tell her to stop contacting me. She doesnt answer for a few times, but then she does and says for me to stop blowing her up. I then decide to block her number. Then on June 10th, she sends me a voicemail and a picture of an ultrasound from a different number with a gestational sac and saying the baby is mine. She said she missed me. I then told her to leave alone and she called me a monster/asshole. Now I know she had sex with her ex prior to hanging out with me. My question is there anything to worry about? I don't want this drama. I explained the story to family and friends with stories she told me. They said that it doesn't seem true. Any advice would be helpful.

May 23 met and had sex (only time)

June 7 said she's pregnant

June 10 ultrasound picture gestational sac

Answer: Sounds like a total nut job. Ignore her. Worst case, if she is pregnant...DNA test as soon as possible.


Title: Police contact & age of consent laws

Question:
Okay so PLEASE help me out if you know anything about this‼
 Me (17) and my boyfriend (just turned 20) were both free late at night and we decided to meet up at a closed store. He parked his car beside mine and we got in the back seat. WE DID NOT HAVE INTERCOURSE we were mostly just cuddling. A police officer pulled up, my boyfriend opened the door. But then they drove off so me and my boyfriend choose to keep hanging out. 10 minutes later he comes back with another officer. They suspect us of having sex and we tell them we weren’t but I doubt they believed us. One said he was pulling his shorts up when they arrived which isn’t true at all. They ran our license and everything is fine. They just verbally warned us not to do that again and we left. My concern is that they took our names down to place in the police reports. I’m 17 and he’s 20. Our relationships not actually illegal because I’m over 16 and that’s the age of consent here in South Carolina, that IS where age of consent comes into play, right? So they can’t charge him with anything there right? Even if they could we were not having sex. Also, will my parents be contacted? The police said they wouldn’t send any mail or make any calls but I’m scared they will because I’m a minor. Lastly, since the police were chatting on their walkie talkies do you think my name was on the scanner?? I’m horrified any advice would be great. Thanks.

Answer:
 You’re fine. Like you said, it’s legal for you to have sex, but it may *not* be legal for you to have sex in a parked car. There could be public decency laws that apply. As a general rule, if a cop comes calling and warns you about whatever you’re doing (legal or not) it’s best to take it elsewhere.

Edit: Just to be clear, they’re not coming to your house to arrest you after the fact, no need to worry.Answer #2: They would have arrested you on the spot if you were in trouble. Ages ago I used to work security for a corporate office complex. It was almost a daily occurrence for somebody to park and fool around. We'd always just tell them to zip it up and leave. The guys were usually just happy we were only asking them to take it somewhere else but females has this frantic need to explain how it's not what it looks like. Ok, please "talk" in somebody else's parking lot.


Title: Does this count as Blackmail and/or Bribery?

Question:
Person A anonymously emails Person B a picture of Person B having an affair with the caption “I plan to tell your wife.”

Person B responds with something along the lines of “Please don’t. I’ll do anything. What do you want?”

Person A says “I didn’t plan on blackmailing. I just wanted to give you a heads up.”

Person B replies “I can give you money. How much do you want?”

Person A says “Would you be willing to pay $1000?”

Person B agrees.

Person A sends Person B details on where to drop the money off and says “I’ll delete the photo and you’ll never hear from me again.”

^^ Would any of this be considered blackmail (Person A) or bribery (Person B)??
Topic:
Criminal Law

Answer: This is blackmail.Answer #2: Totally blackmail. You created a quid pro quo in which X happens if Y doesn't happen, but if Y happens then X won't happen.


Title: Victim of noise upstairs - Luxembourg law has nothing to combat this - im told by an expert lawyer to sell but i can't morally do so because of the noise. Any solutions?

Question:
in brief,
- bought a ground floor apt in a 2 apt house in Luxembourg.
- upstairs tenant is also an owner
- sound on the tiles upstairs (from cement slab ceiling) insulation transmits all the sounds
- It's hard to prove she does the noise willingly - but it's obvious they are not trying hard.
- Noise includes pounding when walking, grinding chairs, objects falling on tile floor), etc - they are overweight which doesn't help but an apparent 3 year old toddler pounded to floor for 10 hours last Sunday! This is driving me nuts since 2 years.
- house is more than 10 years old so not under construction (Decenal) guarantee anymore. Can't attack construction company (as far as i know). There's other construction code irregularities.
- police can't hear the noise from outside so not a disturbance
- no law against noise other than construction code and noticeable 'disturbance', no reaction from the city council. I didn't press this.
- Then there's the case of lawyers - banana republic collusion or political or big money - it's impossible to say there's a case that can be fought. The clear winners are the lawyers financially speaking (start at 300 for an audition to explain your case, i've had 1800 for just 4 emails, 1400 to open a case, etc... and NO guarantees... If you want to challenge those costs, you'll probably never have a lawyer help you again. Damages and repairs are also ridiculous.

So i went to this homeowner's association, talked to a lawyer expert in property law in Luxembourg and according to him, it's impossible to resolve. I must sell. But how can i morally sell a bad apartment like this? Previous owner said there was no noise, and upstairs neighbor says the previous owner never complained. Im at a loss. Will i get sued if the person i sell to complains?

Proving the noise is above the required level costs 1000's and i still can't defend it in the end if there's no law or anyone regulating this. I can't force her to install carpeting and it's impossible to insulate the noise transmitted by the ceiling (if you know a solution, let me know - i did lots of research - it's still up to me to pay for their damage causing sound).

Thanks in advance for any insights - i only studied business law in the us, i live in Luxembourg and find that Napoleon's laws are hard to interpret in such a fuzzy way that the layman can't say this is black and white. What is written is not de-facto what i meant or done.

I know most lawyers here are probably US or UK based. This is in Napoleon Law's country in case it matters. Can EU law help here?

Answer:
 NAL and definitely not a Luxembourg(ian?) lawyer, but if you’re looking for *moral* advice, I would say you have no moral obligation not to sell. Some people don’t mind noise, some people mind one kind of noise but not another, some people can’t stand any noise. Just disclose the fact that there’s a neighbor with a young kid and that the floors are thin and let the buyer decide if they’re ok with that. Maybe your buyer will have a kid and will be happy that the upstairs neighbor is similarly noisy.Answer #2: Advertise it to hard of hearing/deaf people.   My great aunt lives next to a factory with noise that would drive me nuts within a day, doesn't bother her at all... Answer #3: Not a legal advice but you can definitely soundproof your ceiling
It can be a bit pricy if you want total soundproof, but would be effective and better then relocating or selling against your will  Answer #4: You can download a decibel app on your phone to give you a rough idea of the noise level.  That could give you an idea of whether it is worth the cost of a professional assessment.Answer #5: Have you talked to the neighbor?


Title: Sibling less than 7 years old attempted suicide twice. How do I protect him? (NC)

Question: [deleted]

Answer:
 Call CPS if you suspect abuse. You can express you willingness to accept custody.Answer #2: > Sibling less than 7 years old attempted suicide twice

 Call CPS.

Has your brother been to a doctor following either incident? Answer #3: Call CPS. Essential to make sure they check in on his wellbeing.


Title: CA: If I give my two weeks notice and am asked to leave was Intechnically fired? Can I get unemployment?

Answer: You can always apply, but I believe you can.


Title: Help getting my building to enforce their noise violation rules so I can sleep and study in my room

Question:
Hi,

I'll try keep this short (usually a sign the post won't be short). I'll start by saying my country is South Africa and I'm not really seeking legal remedy but just trying to get the building I live in to enfore its own rules so I can sleep and study in my room.

One room next to me (so my neighbour's neighbour), there is a resident who is a DJ and he has studio quality speakers and he is is constantly playing music really loud throughout the day until quiet hours which are from 10pm to 8am. Becuase of it I am unable to sleep when it's going on (and as a college student I take naps in the day because I stay up at night working but also because of thenoise that's the time I am able to study) and I'm not able to study in my room. I also am very anxious being in my room .For clarity the noise is so loud I can hear it make his door vibrate (the doors in our building are pretty heavy compared to normal doors) and according to my neighbour the wall that he shares with him vibrates.

So, I'll make it clear that I'm not someone who enjoys noise and that I am quite sensitive to noise which is why I delayed complaining. I am, however, aware of this and I make an effort not to complain unless i'm sure its excessive. But also, because I don't noise I specifically chose to live in this buildng which which is a pretty expensive private residence building for university students because the house rules (which every resident has to sign and agree to live by) had a specific rule that states that: "residents may not play any music, instruments, or television sets at a level which is nuisance to their neighbours or the surrounding areas".

I had asked him myself to keep it down 4 times.I thought that comaplining to the building would work because I had tried to resolve the issue myself before formally complaining and then I emailed them asking him to make him aware of the rule about noise from music for clarity.

The building manager told me that the facilities manager had been sent up when I sent my first email and that he would personally deal with the issue. The noise subsided for a bit (a few days). Then it was our fall break and the noise went on for 12 hours a day and I emailed the building manager and he said that the resident would be fined and if there was no immediate difference he would be asked to vacate his room.

There was quiet but once again a week later there was more noise. To cut a long story short (about a month of the same noise and complaining every week) the resident only received warnings and there ws no change in noise.  The building manager told me to call the 24 hour line and someone would ask him to keep it down and fine him if need be.

Anyway here's the straw that broke the camel's back, there was a huge storm in my city on Wednesday and everyone was warned to stay indoors and I had a big test on Friday that I needed to study for.
The noise started at 10am and I was aware that it was going to go on the whole day util 10pm. So I called the 24 hour line at 1pm. just to make sure that the noise was actually continous and not just a morning thing. The facilities manager said he would come up and check it out. All is good for about an hour and then things start up again. I go down to reception myself because I thought that maybe it was quiet for a bit when the facilities manager went up.

The receptionist took down my room number and his room number and told me a house commitee member (RA equivalent) would fine him. I then spoke to the facilities manager and mentioned that the noise was carrying on and he said that he tried to knock but the resident just ignored him and that that usually happens.

Redditors, I was partly furious and partly just couldn't believe it. I had been complaining about this noise for the past 2 months and told the building manager how much the noise affected me (I get anxiety just being in my room and can't sleep or study whe it goes on. I have to go all the way to university to study late at night and it isn't safe it I want to study properly) and his response was to constantly warn the student but the student doesn't even respect their authority enough to answer the door when they come to warn him.

Anyway, so I sent a long email telling the facilities manager that he isn't taking my complaints seriously and that the noise is loud enough and if he doesn't take me serious he should rather tell me and give me someone higher up to talk to (our building is part of a franchise). He responded saying that I could move rooms (after me asking) and i would have to do it the next day and that they would start the process of getting the student to vacate his room. I didn't move because it was a really big test I had to study for the day I would have had to move rooms and that would have taken while.

Anyway, today I spoke to the student connector and she went to speak to the student and I heard their conversation. He flat out denies making noise and says that there's another student with speakers (he has studio quality speakers, also its the same damn beat thats been playing for the past 2 months). The student connector acted like the noise was minor and I tried to explain yeah if its once every week while he showers I could deal but everyday consistently??? She's having a meeting with him tomorrow and he asked if he could switch rules.

**Here's where I need help**

So as I've said I've sent them a summary of all the times I've formally complained where there's a record (phone call, phone message, written in a diary, email) and whether there has been a response and what it is and the result thereof. I have complained 15 times, he has only been fined twice. The only reason I want him to be fined is because I believe that he knows that he can make all the noise he wants and he'll only get a warning and if he's willing to pay just a fine. The house rules state that after 3 warnings/fines the person is supposed to get a discipilnary hearing.

I took voice recording of the noise just to prove how loud it is (iphone voice recording is terrible at picking up background noise but you can hear his music clearly like I'm playing it myself). I emailed this to the student connetor now and she said she'll review it all and give me feedback on the meeting she's having with him tomorrow.

However, she was talking about warning him and that he could only get a disciplinary hearing if there was a record of what had happened so far because this was the first time she was hearing of the issue. Anyway, I need advice on what to do if they only give him a warning at the meeting tomorrow because according to the house rules and my personal belief the disciplinary hearing should have happened a long time ago.

The reason I am angry is because this building is very expensive (more than 1.5 the standard amount people pay) and they don't seem to be taking me seriously. How do I get them to take me seriously and see how this issue is affecting my ability to study, sleep and peacefully enjoy my room. I have had to pay so much money in transport to get to and from the university campus safely to study. The building is one that only university student's are allowed to stay at. I am constantly anxious and I know I'm not just being sensitive because my neighbour says it adversly affects him too and he is barely ever in his room because of it. I genuniely would like an apology for how the building handled the whole situation.

There are house rules that every resident had to sign, which state specifically that residents cannout play music at a level that is anuisance to neighbours. He has studio quality speakers and the music is so loud i can hear his door vibrate in my room. The house rules also have a protocol for dealing with violations of the rules whci is a warning and/or fine and after 3 of either the resident recieves a disciplinary hearing. I have complained 15 times formally to the relevant people.

Do you have any advice for how to further handle to situation?

Topic:
Landlord Tenant Housing

Answer:
 ' I didn't move because it was a really big test I had to study for the day I would have had to move rooms and that would have taken while.'

Not a legal solution - but one solution is to move. Take them up on the offer to have a new room, move when you don't have a big test coming up, etc. But move.


Title: US-NYC—Psycho Ex Gf, a wealthy law student, gets control of friend's gmail account, uses it to send messages to herself and violate their mutual restraining order, he goes to jail — help me find legal/privacy contacts for facebook, gmail (google), and iCloud (apple) - need IP addresses

Question:
We have a lawyer who is helping us but we are still trying to find out the best people to contact at those above companies to request IP address information that will prove that a NYC IP address sent that email at a time when my friend was actually in California.

The worst part is that my friend was just completely unprepared to deal with her level of legal expertise... She's **got him thrown in jail.** She **stole his dog** and then used her legal expertise to crush him in court when he sued her to get the dog back...

After the court case she **used his stolen Facebook account** to write "Thanks for helping me lose the court case!!!!!!" and tagged all the witnesses that came forward to prove he was the original owner. She won the case because she found case precedents stating that the person who chips the dog is the owner.  After she stole the dog she had him re-chipped.  Boom. Dog gone. She's a law student and my buddy is clueless.  No contest.

**She's been using Facebook as him to try to get information about him from his friends** pretending to be him.  **She took over his iCloud account** so as to text message people from him.  **She texted his exes** and said things like "I always loved you and wished you would have my babies."

This woman is a polar vortex that is abusing her knowledge of the law.

**Need some justice here big time.**

**TL;DR:** *Who - address - number - etc* to contact to get IP address information from google (gmail), facebook, and icloud (apple) we tried several addresses on their sites and haven't been able to contact any one to help us.

Answer: I am pretty sure you will need a subpoena to get IP information from the companies you are looking at. Keep working with the attorney. Answer #2: I'm not a lawyer, but Facebook and Gmail both provide login history that you/he should be able to access. Answer #3: Reporter her to the State Barr Association so when she tries to become a real lawyer, she has to answer this accusation.


Title: Apartment spontaneously charging all units with pets for mystery poop [NM]

Question:
Received this notice the other day -

> "The courtyard is not your private backyard. Please do not leave your pets without you in the courtyard. Pets should be in (sic) a leash at all times. **All units with pets will have a cleaning fee of $57.00 for the month of July 2018.** Please pick up after your pets. If you want to report any of these violations please call the office at ~~redacted~~ it is confidential."

A portion of the lease states that:

> "Tenant agrees to throw trash in the city dumpster only. Otherwise the tenant agrees to pay a $57.00 trash removal fee. Tenant further agrees to keep clean the balconies, entryway, hallways, yards and all common areas."

It seems like if you're personally witnessed neglecting to pick up after your dog, the management company could legally bill you $57.00. However, are they allowed to arbitrarily charge **all** units with pets this fee for the upcoming month? What's to stop them from charging this fee again in another month if they feel like making another ~$600 or whatever from the entire complex? How could fighting this be approached?

Answer:
 I would just calmly ask them where, in your lease, it specifies a fine for someone else's pet droppings.

No.  Thy can't levy arbitrary fines.  Only those clearly outlined in the lease can be assessed.  If they push the issue, it could be a headache, but they will hopefully come to their senses.  Answer #2: Expect them to go to DNA testing of pet poop if people don't start picking up their pet's poop.Answer #3: Former property manager, they can't charge you squat for another tenant's dog waste if it's not in your lease. Your building might start using Poo Prints though, which as others have mentioned is dog poop DNA testing to find and fine the real poopy culprits. If they do, it could become a requirement to renew your lease. Either way if you have a pet and you're picking up after it you should be good. Won't stop them from messing with you maybe, but the real law experts here have already given plenty advice for that :)


Title: Car dealership broke my car. Just discovered this fact 9 months later. What can I do?

Question:
Long story short, I had my ignition replaced by a dealership in Delaware last April and it started acting wonky as soon as I pulled off the lot. I live 500 miles away (in NY - I was traveling at the time of the repair) so I couldn't bring it back for them to look at it. The ignition finally just stopped working a couple of weeks ago and I was no longer able to turn my car off, so I took it to my dealership here in NY. They discovered that the ignition housing inside the steering column was broken/damaged by what appears to be too much force having been exerted upon it, and that has been causing the problems. There is virtually no other way this part could have been broken except for when my ignition was replaced at the Delaware dealership. My dealership here in NY is going to charge me $800 to fix it.

At this point, it looks like the dealership in DE is going to deny all responsibility and will not reimburse me. What legal standing do I have here? Can I take them to small claims court? Is it worth it to do that for $800?
Topic:
Douche

Answer:
 It's been 9 months.  Of course they're denying responsibility.

You should have had the issue looked at immediately, even if by a different dealership.  Instead, you did nothing for 9 months.  Without a chain of receipts or some evidence that you have been trying to fix the issue since shortly after the repair (something beyond your own claim), you're going to have a very difficult time here.

Even if you take them to small claims court, you have, at best, a very weak case.


Title: Leaving apartment due to roommate not paying rent, just making sure I have myself covered

Question:
So my roommate decided to quit his job 4 months ago to smoke pot and play video games. I got a call on the second of October from the landlord saying that the rent had not been paid for not only October, but September as well. The money is directly removed from my roommates account,  so I was sending him E-transfers several days before the first of each month. When I told him about it he gave me a classic "what it wasn't paid?". He then "went to the offices and paid". I called the landlord a few days after to confirm the payments were made, but they were not nor had my roommate even been to the offices. So on the assumption that my roommate does not have his share of the rent, I told him I was moving out November 1st. I just want to make sure I have all my bases covered here though, so some facts:
- My name is not on the lease at all. He is the sole name on it.
- I have the records of eTransfers being paid to his account and confirmations that he accepted them.
- My name is not on any heat/hydro/electricity/internet bills.
- I am going to write a claim that I have paid him my share of the money for all amounts due in detail that I will make him sign.

I am just tying to make sure by there is no way he could turn this on me. Any advice appreciated.

**Edit:**  I live in Quebec, Canada

Answer: Call the police and report him for theft if he is taking your rent money and not paying it to the landlord


Title: Do you write a police report of someone uses your SSN?

Question:
My estranged father took off 3 years ago. Recently my mom got an email that someone used her SSN. The information of the person connected to the use of the SSN is my estranged father's new address. She reported the fraudulent use to Experian, is there anything else we can do? Should she file a police report?
He won't file for divorce and my mom only found out his address because of this incident. She emailed him about it and he admitted it was his address but says he didn't use her social. Anyway, we had no idea where he was before this, except that he lives in Oregon. We live in California.
Any advice would be appreciated.

Answer: YES THIS IS IDENTITY FRAUD! Have your mother freeze her credit score asap, report this fraud to the police, or fbi if between states, and sit and wait for sweet sweet justice.Answer #2: She needs to immediately file a police report.  Some credit cards may also have some sort of identity theft benefit as well.  She can go ahead and file for divorce in California if she wants.  She should serve him the papers, and he has 30 days to respond and if he fails to a default divorce with a proposed settlement will occur.


Title: [PA] Landlord didn't charge rent 2 years ago. Wants to charge now.

Question:
So backstory, approximately 2 years ago I moved into a townhouse and have been paying rent on time for the past two years. Next week, I'll be moving to a different state for work related reasons and am breaking my lease.

My lease is pretty much one month rent for early termination. After trying to settle all the money owed today, a worked told me all I owed was $80 some odd dollars because my accounts were all up to date. After they reviewed my ledger history, it was determined that the company did not charge me for rent in May of 2016. What sort of, if any, legal ground do I have to stand on?

Answer: So did you? Did you pay rent for may 2016?


Title: Charged with 243.E.1 misdemeanor domestic violence even though I was the one who called the police.

Question: California.  My husband and I got too tipsy last night, me especially since I rarely drink, and got into a fight. He hit me in the face, I hit him back in the chest, ripped his shirt and threw his laptop. I called the police for him hitting me in the face but I was so drunk that I couldn't get my story straight, officer said I was lying and arrested me instead. He said since my husband's shirt was ripped there's evidence I was the aggressor and that there was no mark on my face. This is my first DV charge, I had a DUI years ago which is why I rarely drink anymore. I'm not myself when I drink, last night is an example of that. What are my chances that I will go to jail? My husband even asked the officer not to arrest me but they said they needed to take someone.  I am the main caretaker of our daughter as he works all the time. I would have no one to watch her if I have to do jail time. I'm terrified. Should I get an attorney or am I worried for nothing? I should mention my husband was arrested for DV against me years ago and he was not sentenced to jail, just a fine and probation. I know I shouldn't have gotten back together with him but it's the same old "he's changed" song and dance. Thank you.

Answer:
 Get a lawyer. Listen to your lawyer.

Don't blame your husband or drink or other things for you hitting someone. It's a bad look and will wreck you in court.


Title: I gave a pair of expensive earbuds to a friend to solder on a new jack for me. He's had them for several months now and is completely ghosting me. Can I report them as stolen?

Question:
I'm in bc canada. I snapped the jack off while biking and gave them to a friend to fix. I was going to pay him. He gave me excuses for 2 months but now won't even reply to me. I think he's just keeping them for himself. We're both minors, so I'm not sure how that plays into it. Additionally, we've talked about a lot of illegal stuff in our texts. Is that going to be an issue?

These are like 200 dollar earbuds, so I'd hate to lose them. Thanks for the help.

Answer:
 You can call the police, but it's unlikely that they'll take criminal action.

You'll have much better luck suing him in small claims court for the headphones or their value.Answer #2: This isn't legal advice, but $200 to learn how bad of a friend someone is isn't an awful bargain.

I know you're a minor, so $200 is a lot more to you compared to me, but still. One of the reasons I wrote off someone I was friends with in high school was that I kept lending him money, and he kept not paying it back - and not having to deal with him for however long I might have otherwise lasted is well worth the price.


Title: Need advice on my current situation.

Question: Hello! My name is Nick, I'm 19 years of age, and I currently reside in North Carolina with my mum, dad, and three siblings. I smoke marijuana pretty regularly. Now, I don't smoke to be cool. I'm no fucked up piece of shit throwing my life away due to other, harder, drug use. I have never touched another drug other than marijuana, nor do I ever intend on doing so. I've been smoking on and off since I was 13, but my primary reason for smoking now is because over the course of the past year, many events have occurred in my life that have really knocked me down hard. I've been dealing with horrible depression and was just recently diagnosed with unspecified depressive disorder and generalized anxiety disorder, and I've found that smoking helps to alleviate the stress and pain, so I smoke rather frequently (probably three to five times a week). I was also diagnosed with epilepsy last October and I've noticed a significant decrease in epileptic episodes since I've began smoking again. Needless to say, this shit helps me. However, my smoking has been subject to a lot of tension and drama between my parents and I. It's not all too big of a deal with my mother, but it has definitely affected my relationship with my father. (A little background on my father... He has horrible anger issues and has been incredibly physically and psychologically abusive towards both myself and my older brother throughout our entire lives. My brother has had to deal with much more of the physical abuse. I recall one specific instance of my father giving my brother a bloody nose after my brother simply requested for my dad to not yell at him. I, on the other hand, have had to deal with much more psychological and emotional abuse. For instance, growing up, my father would call me a "girl", a "priss", and even a "faggot" if I cried in front of him. The abuse, along with him cheating on my mother while working in Mississippi, has led me to have absolutely zero respect for him. I'll tolerate his bullshit and put a smile on my face and be kind and respectful to him, but inside I hold a deep hatred for him.) Well, three days ago, my father was driving me to work (since my epilepsy has been hindering me from getting my driver's license), and he brought up the fact that he knows I'm still smoking, despite my parents' requests that I stop, as they fear smoking will either induce more seizures, or mess with my prescribed seizure medication, Keppra. I responded in a nonchalant manner that really set him off. He then asked me "do you not care about your health? Do you not care how this shit can affect your seizures?" I replied simply by saying that I didn't care all too much because it's been helping me cope with shit I've been having to deal with. At this point, he slammed on the brakes at a gas station across the street from where I work and told me "get the fuck out of my car, you fucking druggie." I responded by grabbing my phone and car charger, and exited his vehicle as he continued to yell at me and make a scene. Fed up with his shit, I told him to shut up, in which he responded by grabbing my backpack and tossing it in the street. At this point, I snapped and told him to go fuck himself, picked my backpack up, and began walking towards my workplace. My father then parked his car and began charging me. I dashed across the street, and he followed, so I pulled out my phone and told him "get the fuck away from me or I'm calling the police." With my manager and a few coworkers watching, he grabbed hold of my arm and sat me down in the parking lot, where he called me a "faggot" for crying and shaking uncontrollably (I legitimately thought he was going to beat the living shit out of me right there in public, and thus was incapable of controlling my anxiety and emotions). He then told me that my girlfriend was no longer allowed to come over to my house because she knows I smoke, and then.. get this.. He told me, and I quote.. "If you ever threaten to call the police on me again, I'll beat you to a pulp and take any sentence I'm given." On top of that lovely threat, he added that for the next year, he would make me piss in a cup every Saturday for a drug test, and if I failed a single test, he'd send me to rehab. I haven't been home since this incident. I've been hopping around sleeping over at friends' houses to avoid seeing my dad again. I'm also looking into places to stay permanently, so for now, I feel safe. I know at this point there's probably a lot of questions you all have in mind, but I'm curious to know.. Can my father legally drug test me and send me to rehab like this? And, if I did happen to report his threat towards me to the police, and he brought up in court that I smoke, is there any way I could fight back and win my case? I'm in my second year of college and I am a very diligent student. Despite all that I've been dealing with, I've been holding up a 4.0 GPA, and it's my dream to get into UNC Chapel Hill to major in Business and Computer Science. However, I know damn well that being sent to rehab will destroy my future by ruining any chance I have at getting into UNC. My dad's fucked up enough in my life. I don't want him fucking up anything more. Please, if anyone can help or give me advice, it would be greatly appreciated. Thank you. :)

Answer:
 Your high school english teacher should be fired because that's almost impossible to read.

> I smoke marijuana pretty regularly.

The best legal advice is to follow the law.

> Can my father legally drug test me and send me to rehab like this?

No, you're an adult now. But he doesn't have to support you in any way if he doesn't want to. You can cut him out of your life if you want to.


Title: [Ontario Canada] what happens if I test positive for marijuana while driving?

Question:
Bill C-46. This bill permits police officers to use additional tools, such as roadside oral fluid drug screeners, enacts new driving offences of being over a prohibited blood drug concentration, and allows for blood samples to be collected without requiring a driver to first undergo a drug recognition evaluation.

I've been told it can't be proven that you were high at the time of the offence. Due to the thc staying in your system for extended periods of time.

Can someone better informed please answer this question?

Answer:
 The police will try to determine if you are impaired through visual observation as well as speaking to you. If they think you are, they'll charge you with impaired driving.

You are right that there is currently no objective test to tell if you are impaired. Criminal lawyers anticipate court challenges to charge based solely on a positive drug test through blood drug concentration.


Title: Is this false advertising under California law?

Question:
Hello,

I am curious if this can be said to be a case of false advertising under California law:

[https://page.onstove.com/epicseven/global/view/4480400](https://page.onstove.com/epicseven/global/view/4480400)

[https://page.onstove.com/epicseven/global/view/4485039](https://page.onstove.com/epicseven/global/view/4485039)

Epic Seven is a gacha game. You can use currency in-game to buy a second currency called bookmarks to then use what is basically a slot machine. This time, the banner (up rate for specific characters) involved this character called Alencia. In the first link, you can see that the changes to her "skills" made it so that when she "counters", she can't use another skill, and this change happened after 1 hour from the release of the banner. It's unclear if she had or not the ability to do that in the first place.

From what was posted, it seemed to be a wrong translation, where the red part was ommitted by mistake.

Many people are saying that this is a case of false advertising, because this ommittion was enough for them to be deceived to use their bookmarks to roll for a character that was instantly made to be something else.

Could this be said to be false advertising? Are there any similar cases I could see?

There are similar "Game mechanics" that in their description do not say if they work with "counter" or other type of mechanics, but sometimes they do, could those also constitute false advertisement by law?

Thank you.

Answer:
 No.  It’s apparently a bug in the software.

Is the publisher unwilling to allow you to return the game for a refund?


Title: [AZ] Does am unlabeled email attachment constitute written notice?

Question:
**Background:** I live in Arizona, I'm living in an apartment on a month-to-month basis, and I gave written notice on April 30th that I'd be out by May 31st.

Management Desk Lady: "ok, we'll do the move out inspection a few days before the end of the month."

Me:  "Ok, let me know when and I'll be there."

MDL: "Oh you don't have to be there, we can do it without you."

Me: "No, I mean that I intend to be there for the inspection."

MDL:  "No problem."

**On to today:** I do a search in my email for the property management company's name so that I can look up my tenant portal password, and it pops up with an email from the 18th of this month. It's from a name that I didn't recognize, it had no subject or body to the message, and had a PDF attachment.

 I remember getting this email and sending it to spam, thinking that it was some kind of worm or whatever. I now look at it using google's document preview and it's actually a 48 hour notice of entry, no reason given. I'm pretty pissed off now - I'm about to drive to the office and ask them WTF this is about, I don't even know if they actually entered or not, my place was a mess since I'm in the middle of frickin packing, and this wasn't what we agreed upon.

Is an unlabeled attachment legal? Do I have any recourse here? Thanks for any insight!

Answer:
 Email is not valid for notice unless both parties agree that it will be. The agreement to accept email as would have to be in writing. Check your lease and see whether you signed anything that said notice by email was acceptable.

> Do I have any recourse here?

Recourse for what? What are your damages?


Title: Need help with Roommates from a suburb adjacent to hell (NSFW language near the end)

Question:
I'm going to preface this by saying that these are not the worst roommates that I've ever had, but gosh darn it if they're not doing their best. My current living situation includes myself, my wife, another married couple who we were previously friends with (and the subject of this post), and another friend (who is not on the lease) in a 4 bed 2&1/2 bath house. Here's a rundown of the situation:

Around the time that we moved in together, the husband in their relationship let me use a set of his gaming headphones he had owned for years and was not using. They used a USB connection instead of a normal line in/line out audio connection, so when I said something about my audio jack on my computer having a loose connection he offered to let me use them instead of my speakers. What a nice thing to do!

If it helps, these are the [Gamecom headphones in question] (http://www.techspot.com/images/products/pc-headset/org/823973373_1103247006_o.jpg)

A short while into me using the headphones (a few weeks? a month?), when I was putting them onto my head, the plastic on the right side of the headphones broke. Note that this is completely normal use, and that the owner of the headphones was present when this occurred. He knows I wasn't doing anything out of the ordinary with them. There's even a stress fracture building on the other side of the headphones in the exact same place. He said something at the time about me owing him a new pair, but I didn't think he was serious since I had taken better care of them than he had. They had just happened to reach their breaking point when I was using them.

Here's where the plot thickens: before entering into the lease agreement, we made a verbal agreement that if my wife and I felt the need to move out before the end of the 12 month lease we would be able to do so. The husband had just recently been hired to work for a computer company who's name and logo is not an orange (and has received multiple raises in the past 6 months), and the wife works as a manager in the second-busiest store in a giant lingerie company with a secret. Their income would be enough to afford living here on their own with the other (not on the lease) roommate.

Back in December (for reasons not mentioned here) my wife and I decided that we did in fact need to move into a place of our own. When we approached the other couple about it, giving them at least a month's notice (we gave them two) of our intended move-out date as per our verbal agreement. Everything was fine, and they said that they just needed to "look at their finances". A week later they came back to us and told us that they would not be able to afford living here without us unless we stayed until April. They said that they could start saving as much as $100 per paycheck (from each of them), and that it would make it possible for them to keep the lease. This became an ultimatum: either we stayed an extra two months, or they would break the lease and that would go on ALL of our rental history. We reminded them of the agreement we had going into the lease, but they insisted that they were unable to keep it. Since then, they've managed to save their $100 per paycheck - while eating out almost every night of the week (unless I cook dinner for everyone), sometimes more than once a week at an all-you-can-eat Korean BBQ place that costs them $80 per meal. They also bought a $500 TV last night. They still spend just as much money as they would otherwise, making the "we need to be able to save money" thing seem ridiculous to begin with. It's not that they wouldn't have been able to afford living here without us or that they couldn't save enough money to do so - they just don't want it to jeopardize their current level of comfort.

Luckily they asked another friend if she'd be willing to take our vacant room in our place, and she said yes. Currently, March 1st is our move-in date for our new place, and we will be paying rent both there and at our current residence for the month of March. Even though they're not holding up their end of the agreement, we at least reached some sort of a compromise. Then, about a week ago, the husband approaches my wife and tells her that before we move out, he really wants his headphones replaced.

Ordinarily I'd tell him to kiss my ass. However, we are in a bit of a pickle because of the whole deal with the lease. During the whole period when we were trying to come to a compromise, they went as far as threatening to withhold our part of the deposit on the expiration of the lease if we didn't play by their rules. While it doesn't seem worth it to fight this battle over a pair of headphones that run about $50 nowadays, the fact that my wife and I are paying double rent for March is making that a lot harder to do *and* I'm pretty fed-up with getting pushed around by them when they're claiming economic hardship while making almost twice as much money as we do. Did I mention my wife is out on temporary disability and that on top of that she had to have her gallbladder removed last month? Oh, and that TV they bought last night while not being able to save more than $100 per paycheck? When I helped them hang it up after working a 9 hour day and spending 3 hours at the plasma donation center (I'm not supposed to be lifting anything heavy after donating!), they fucking had the gall to say, "You sure it's on there right? Okay, well if something happens to it you can buy us a new one."

FUCK YOU, ASSHOLE! RE-HANG IT YOUR GODDAMN SELVES! *(I should have said that, but I didn't. I still might.)*

My legal questions about the situation are these:

1) Are we forced to play by their rules because we are vacating early? Does our verbal agreement hold any legal sway?

2) IF I decide not to replace his goddamn headphones, what can I do if he tries to extort the money out of me by holding the deposit over my head?

3) If I tell him to fuck himself and take me to small claims court if he really wants them, what's the likely outcome of that case? Can I the  sure him for any legal expenses that I incur as a result?

4) Are there any other legal angles I'm not considering in this situation?

*Edit: Formatting.

Answer:
 OK, this is a massive wall of text and is very difficult to read.  See if this summarizes your issue:

1.  Roommate loans you headphones.  Headphones break.  He wants you to pay, you don't.
2.  You have a written lease that you want to break early.  You claim there's a verbal agreement that overrides the written lease.
3.  You're not sure if they will abide by the lease break, and/or whether they will sue for the headphones.

Accurate?


Title: Last leg of United flight canceled. Any way to get reimbursed?

Question:
I was traveling from Italy to State College, PA.  The ticket I was sold in February was a round trip ticket from PA to Pisa and Pisa to PA.  The last leg of my trip on the way home was from IAD to SCE.  This leg was canceled.  The plane was not cancel, but that flight was -- they no longer offer that flight as of April 2018.

I had to use a rental car and drive the last leg of the trip home after 15 hours of travel to IAD.  The drive was 3.5 hours.  Is there any recourse I can take in getting that portion of the trip refunded?

Answer: I would start by asking.  But I suspect that leg is a very small percentage of your overall ticket, and probably not worth going to court over.


Title: [CA] DCFS threatening to open a case on dad if he doesn't transfer guardianship of two sisters, came out of nowhere and we're wondering what authority they really have to open a case if they are not in danger.

Question:
Apologies for the long wall of text, let me know what I should clarify. Also, let me know if I should post this in a different sub! Throwaway for personal info.

Child Protective Services has a referral out on my dad's household. He is 79 and has custody of my two sisters, who are 13 and 15. While his age is finally catching up with him, he is one of the most hardworking parents I know. The referral was to investigate an accusation that my dad was addicted to pain pills. Two weeks ago my older sister [24, broke, moved back home recently] went into his house and started collecting his pill bottles and this led to an argument where she pushed my dad and made him fall. [She doesn't live in the main house, but in a one bedroom house on the property that we used to rent out.] My dad is sharp mentally but in the last few years he's had to have some hip surgeries, and needs a cane normally to get around--so falls are dangerous for him. Cops came, older sister had to have a tough talking to, and either the cops or my sister called CPS and they came to investigate in the following days. Of course, my dad is NOT addicted to his prescription drugs and is very careful about his doses. CPS figured that out pretty quickly after talking to him, myself, and family friends. BUT, in his conversation with the social worker, he asked what services would be available to him if he were to ask for help, like caretaker help or financial aid. They also talked about what would happen to the girls should he pass away, and who would care for them. The social worker took this as him actually asking for help, and has since been talking to me to see when I am ready to take custody of the girls--as in now, not after he passes away. She has turned the referral from investigating an accusation to forcing a removal. She told me this is because of my parents continuous arguing and the emotional trauma it inflicts on the girls, and that my dad's house isn't really fit to raise the girls [My dad lives in a rural-ish area in an older house; it definitely needs work but is in no way unlivable. Also, my dad said the social worker seemed scared a coyote would leap out of the bush and eat her].

A bit of history on my family: We've dealt with child services before. Myself [23], my older sister and the 15 year old were all in foster care for a brief period about 13 years ago. Removed from my moms house, dad given custody after a long time. My parents were never married and don't live together, but they have intermingled business and fight constantly. I always say it would have been better if they got married and divorced way back. The kids always seem to get tossed in the middle of arguments and I know it is an unhealthy environment emotionally. Money is always a topic of conversation and I was lucky to get out of that toxic environment with good grades, getting into a top university without any guidance from my parents. That being said, my parents do love their kids. They do not do drugs, drink, and are not physically abusive. We've never gone hungry and always went to the doctor, dentist, etc. My mom has some mental issues, but having gone through what she has with DCFS I would have some paranoia and anxiety, too. I should say also my dad was given custody of all four of us over ten years ago and child services hasn't been involved since.

The social worker gave us three options. Option one, my dad and I go to family law court and he gives me legal guardianship. [I live with my boyfriend [23] and both of us have good full-time jobs just a few hours from my parents.] She would close the referral as soon as she knows they are living with me. Option two, my mom petitions family law court for custody and my dad must support this. But if they do not grant it because of her history [she likes to think she is a lawyer and tends to get into hot water for this, so this is risky], the social worker will open a case without even considering me as a plan B because of her referral deadline. Option three, she opens a case now and they decide with where to place the girls. Likely me, but this would mean DCFS is involved and we are under their rule for awhile--we want to absolutely avoid the possibility of foster care.

I am the first to admit that my parents need to settle their arguments and keep the girls out of it; however, the girls are not in danger and it feels that this social worker is really threatening my family with an open case if my dad doesn't take action before her deadline to close a referral. We have asked her for time to work things out so that if we do have to move the girls, it will be done right, but she is trying to get us to go to court ASAP. She knows how destructive an open case would be, but it seems that she is prioritizing her referral deadline over the girls' wellbeing.

Does anyone know what authority they have to do this? Why can't they close the referral if the girls are not in any danger, especially since the referral was about a false accusation to begin with? It feels like they are reaching.

TL;DR: DCFS has a referral on my family, and are threatening to open a case if my dad doesn't give legal guardianship of my sisters to someone else [again, likely me]. The children are not in any immediate danger whatsoever, and I'm wondering if it is legal for child services to open a case or threaten to the way they are.

Edit: I should clarify some things.
1. My older sister does not live there anymore.
2. We are willing to work with the social worker, but the referral deadline is too soon to resolve anything. It seems as though the social worker is rushing all of this, at the same time giving the involved parties misinformation. My dad didn't know she was attempting to place the girls with anyone else until I told him last Friday. I understand the warning signs argument, but I don't see my parents' fighting to be traumatic, as in not enough to open a case because the situation would turn violent.
3. I should have been more straightforward--my dad's home IS SUITABLE to live in. It is older and in a rural area.
4. The girls are happy, but understand they will need to move in with myself or my mom soon. This will happen in time. My question is why is there such a strict referral deadline, which would do more harm than good to the girls? How do they legally justify that?

Answer:
 >  however, the girls are not in danger

I think what you'll find from comments here (and I agree with them in general) is that you're thinking of "danger" a little more narrowly than the law does. The law is designed in such a way as to check for warning signs, "red flags", and general indications that a situation could quickly become dangerous for a child, or that in general the situation is neglectful to the point where a child's development will be significantly impacted. It is not designed to wait until immediate, obvious danger can be established. That's often too late.

Here, what you've described does sound like a situation where DCFS would at least on the face of things be justified in opening a case. There are, as you're aware, possible 'warning signs' or 'symptoms' indicating the situation as a whole is potentially going to turn dangerous soon, and is at least potentially harming the children just as it is-- you described it as toxic and emotionally unhealthy. That'll be enough to justify intervention.

I'm sorry to hear about this awful situation and wish your family the very best going forward.


Title: HELP please! HOA won't let me add a drain line for my drain pan. (from /r/homeimprovement)

Question:
(CALIFORNIA)

This is a repost from /r/homeimprovement after someone told me to post here for better advice. Any feedback would be greatly appreciated. Thank you!

My HOA won't let me add a drain line exiting the building for my drain pan. My initial plan was to attach the drain line to a nearby existing one, but there are none that can be found. Therefore, my plumber says the only viable option left is to drill a tiny hole exiting the building and attaching it to a nearby downspout.

State law says it is REQUIRED for any units with a water heater. However, my particular building was built before the law and the building was built without drain lines. Therefore, units do not have to add it, as they are technically grandfathered in. My architectural board cites this as a reason to not let me do it.

The problem comes because I want to add it, but the HOA won't let me. They are claiming that, since our building is grandfathered into not requiring them, they have the right to refuse letting me add it. The reason they don't like this is because it penetrates the exterior of the building, and they just had a waterproof membrane added. My contractor says he can have it patched so that this is not a problem, but the HOA is still refusing it.
The HOA instead suggests that I add just the pan and not a drain line. But any kind of water heater malfunction would certainly result in a flood and massive damage if I did not add a drain line. I have floodstops, but that does not prevent the water heater from emptying the remaining water.

What can I do? Thank you for the help.

Answer:
 You will have to hire an attorney to fight the HOA. That is it. You have exhausted your other options.

Welcome to HOA hell. Answer #2: This sounds like an issue that would have to be settled with case law. Only I doubt there is any case law in this case. So if you take it to court it'll likely define the case law.

So really it'll come down to the judge and what arguement

There's a strong argument for you to win. The HOA is asking you to risk property damage. A risk that is significant enough that laws were written to require the modifications you are requesting. This risk involves a very significant hardship imposed on you if anything goes wrong.

That the requirement is not retroactive was to avoid undue financial hardships, due to potentially large scale retrofitting. Only that's not the case here as you wish to accept that cost to protect your home. I think you have a strong case, but it comes down to the judge and how convinced they are to the potential hardship being imposed on you. Even a minor leak over time can result in extensive structural damage.

If you want to fight it you'll need a lawyer, who almost certainly knows a lot more than I do.Answer #3: Usually building changes that require a permit also require the new construction to meet the current codes.  So your water heater will require the drain to the exterior.  I don't do a ton or work for CA, the California codes are based on the international codes with special California additions,  but I will see if I can find the relevant codes when I am back in the office on Monday.


Title: Not your usual question.

Question:
There's been a death in my social circle, friend of a friend but I knew the guy. It was a traffic collision between his bike and a state trooper's vehicle. The officer was doing a U turn and failed to yield to oncoming traffic.

It appears at this point that the officer will receive no reprimand or punishment for his negligence. Who makes that decision and is there a specific person or office we should be pushing to make something happen?

Location: Indiana

Answer:
 His superiors will decide if he is reprimanded internally.  The prosecutors will decide if he's charged criminally.  You can try to speak to either.

Your buddy's estate could sue the officer, or his agency.


Title: [Ontario, Canada] How to deal with a snoopy night custodian

Question:
I'll try to keep this as concise as possible, though there's a bit of ground to cover. I'm working in a public school environment as IT and I've encountered hints that my desk has been rummaged through several times over the course of the year. My office is behind a locked door (server room) wherein some of the staff had access to as it houses the paper supply as well. It should also be noted I do my own garbage collection in my room - there's zero reason for a custodian to get in there. All said, I eventually decided to put up a camera pointed at the server racks and my desk to find out what exactly is going on. The footage I got back the next morning (which does not record audio) shows a certain custodian going through my desk. Unfortunately, this is evidence I cannot use but at least I know exactly who it is - who is also notorious I've come to find while talking to the other staff about it (while carefully not pointing fingers myself)

&#x200B;

I've tried to deal with this the usual way - by telling his bosses on him. Long story short, we got the locks on my door changed. The secretary being one of three people to get a key suddenly lost hers at the start of the school year. The tripwire security system I implemented on my desk registered an intrusion late at night around the same time. So that step is ineffective. I had already approached my boss about it (lock being changed being the result of that) but unfortunately since I cannot use the footage as evidence I was forced to make an extremely flimsy accusation (which I kept vague, but gave some strong hints as to who it was) so now my credibility is slightly damaged in the eyes of his bosses.

&#x200B;

Lately I've noticed some property missing - namely keys to a laptop cage that was recently installed. I'm reasonably sure this custodian has the key both to my office and laptop cage now. I so badly want to use the footage I have. I've tried to find wording in the law to support me, but it all seems to deal with the employer recording the employee. Not an employee recording his own desk (there was of course no signage up indicating a recording device was active). Is there some way I can work this footage in as evidence? There's one possibility I've got: At the time I was testing something involving cameras in my office for official business. It could be said that I accidentally acquired the footage while leaving the project going overnight. Given that there's also a union involved.. I'm a bit hesitant. I also don't want to approach my own union rep unless I have more solid evidence. The only way to do that is to use the footage, as this guy is doing his thing under the cover of darkness - nobody around to interrupt him.

&#x200B;

Anyone have any guidance for me?

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Thanks in advance.

Answer:
 This will sound strange but why don’t you put up your own signs saying video cameras in use. You could do it on the basis of it being extra security for the laptop cage. The custodian may stop if they know they are being recorded. If they don’t then you have the footage legitimately. Answer #2: If you can get the principal to give you an instruction to install cameras then it would be an employer/employee situation? Answer #3: >  I've tried to find wording in the law to support me, but it all seems to deal with the employer recording the employee. Not an employee recording his own desk

As an employee, you are an agent of your employer, so whatever you do on the job is done on behalf of the employer. IANAL & TINLA, but there ought to be no difference in the legal perspective.


Title: Being sued by rapist

Question:
 United states state not necessary. My lawyer wants me to say that I will never speak of or in any other form communicate about my rapist to anyone As well as not reveal his relationship to me because he’s a very close family member and people could figure it out which I guess means other people would realize he’s a rapist among other things.

 But not talking about him. This includes therapists and medical staff. I find that insane I have so many horrible injuries from this individual any new doctor I have is going to want to know how the hell I got so injured and if I say it’s a result of rape most of them would be required to ask who assaulted me or if it was a family member. I am also specifically not supposed to say what relation my rapist is to me. Am I supposed to make my therapists and medical professionals guess like it’s a game of 20 questions? Or if they ask you did this to me I have to say something like I’m not legally allowed to say?

 I told my lawyer this is very problematic. And my lawyer responded that I am free to talk about my rapist to anyone I want I just can’t say his name or my relationship to him. How my supposed to talk about who did this to me when asked or when it’s relevant if I’m literally not allowed to say who did this to me? What am I missing here??

Answer: Well, *why* does your lawyer want you not to talk about it?


Title: Police inconsistencies when dealing with our organization.

Question:
Hello all,

I will try and keep this short. I work for a library in western Indiana and we regularly deal with the police concerning unruly/drunk/high/belligerent patrons. The police have also set-up a system with us where they pick-up stuff from our lost and found that can possibly have sensitive personal information on it such as cell phones, USB drives, wallets, etc. after 30 days in our lost in found.

Today, the police came to do their regular pick-up but this time, the officer was very pushy with the person who was handing him the material they requested. He demanded her personal information and was very angry during the exchange. He demanded her name, first, middle, and last. Age, home address and phone number, maiden name, etc.

The employee helping the officer was confused and those of us at the desk were surprised. One higher up had the presence of mind to phone our library lawyer but he was in a meeting at the time. He took her info and left.

They have never asked for our personal information before. There have been numerous exchanges with the police, usually once a month and they have never asked for my or my co-workers personal information before.

The prevailing thought is that she shouldn't have had to tell him the information and the police were wrong to demand it, even more so when he was so angry.

What do you guys think? Was the police in the wrong or are we?

Thank you
Topic:
Other Civil Matters

Answer:
 If this is small town Indiana, my opinion is that that cop is about to get a lesson in the difference between "hard" power, "soft" power, authority, and politics.

Even a cop having a bad day is not going to last too long if he keeps pissing in the cheerios of another municipal organization.

Hopefully you see an apology soon and the police department doesn't double down on stupid.Answer #2: Indiana is a stop and identify state.  That means that when you are being legally detained you are required to give your name and date of birth to a police officer.

That being said, the officer had zero grounds to legally detain your coworker.  I can't begin to imagine that he had reasonable articulable suspicion that she was committing a crime in handing over found property from the library.  She could have legally told him to go eat a bag of dicks.

If I were you guys I would give serious thought to ending this relationship you have with the police department if this is how they're going to treat you.Answer #3: Generally for a police report you need to reporting party's information.  However, if this is a normal thing then it may be practice to just list the library as the reporting party.  Perhaps this officer wasn't up to speed on how things have been done in the past.  If he was rude you can file a complaint.


Title: [WA] non-biological father of unborn child agreed to sign birth certificate, will bio-dad ever be on hook for support?

Question:
State of Washington. I am the supposed biological father, pending verification by paternity tests. The mother's current significant other is aware of the situation and has agreed to act as the father of the child, regardless of the results of the paternity test, by voluntarily signing the birth certificate. I believe their intention is to eventually get married.

By doing this, does this permanently exclude me from child support responsibilities in the future, or can the other guy change his mind down the road and have the mom petition the state to come after me?

Answer:
 Talk to a lawyer, but you may want to consider having your name on the BC, then having the other guy do a step-parent adoption and voluntarily terminate your rights.

That is a much more permanent method.Answer #2: >can the other guy change his mind down the road and have the mom petition the state to come after me?

Yes.


Title: [WA] I have an idea for a parody of Dr. Seuss that I think could be a popular gag gift. Is this "fair use"?

Question:
A couple years ago, at a house party, my friends were playing that game where you have a topic and write sarcastic answers to it - doesn't matter, not important. Anyway, someone came up with a name for a parody of a Dr. Seuss book that we all thought was hilarious.

A week later, since I'm all creative and shit, as a joke and to commemorate the party (it was a really good party), I wrote out the text to that hypothetical book. It was pretty funny, and a mutual artist friend said she wanted to draw part of it in the Dr. Seuss style. She flaked on me, and I forgot about it.

Few days ago I heard from her and she'd randomly done it; she was getting back into art and saw it as a cool project. I was pretty blown away; the drawings are really good and look very much in the style of Dr. Seuss.

My question is, is this something I could pursue in terms of publishing and selling? I've tried to research copyright law, fair use, and what counts as a transformative work, but the best I've been able to come up with is that it's very much a judgement call / grey area.

Basically, seeing her drawing, this strikes me as something that could very easily be a popular gag gift, or something like that. I want to figure out if it's just a flat no-go, legality-wise, or if it's worth putting some actual effort into seeing if it could be a Thing.

Answer:
 Is this a parody of Dr. Seuss, or something that parodies an unrelated thing, in  the style of Dr. Seuss?

[We have some great case law on Dr. Seuss in particular](http://blogs.harvard.edu/yuminemma/2009/12/16/satire-or-parody-dr-seuss-enterprises-v-penguin-books-usa/).  Generally if you are parodying the original you have a lot more leeway than if you are using that style to do something else.

With the caveat that just because you have a fair use *defense* doesn't mean you won't get sued.  It just means that you will most likely win if you do.


Title: not allowed to quit job during 90-day probationary period (Alberta, Canada) Have I signed away my rights?

Question:
Hello,

I started a job a few weeks ago where they made me sign a contract saying I was required to give a two-week notice before I quit.

However, Alberta law says I can quit the first 90 days without notice, since this  falls under "probationary period" See page 6. [https://www.alignab.ca/wp-content/uploads/2018/02/First-Reference-Human-Resources-Advisor-Special-Report-Updated-January-2018-Understandin.pdf](https://www.alignab.ca/wp-content/uploads/2018/02/First-Reference-Human-Resources-Advisor-Special-Report-Updated-January-2018-Understandin.pdf)

&#x200B;

It's just not fair if they can terminate me at any time (for no reason), but I can't quit during the "90 day probationary period."

Do you think the contract they made me sign was just a "scare tactic" because - I thought I could just quit during the probationary period (90 days), even though I signed the contract.

I remember when I lived in the United States...specifically landlord law...a landlord could not make you sign something (a.k.a "sign away your rights") because the state law was, like, supreme.  I thought a similar situation would apply to this current situation, and my terrible employer could not make me "sign away my rights" if the contract goes against provincial law.

Answer:
 Slavery is illegal in Canada. You can quit. You might be liable for damages for the short notice as it's in breach of your agreement, but those are likely to be minimal to nonexistant unless you have some unique skillset or unless it would be expensive to replace you on less than two weeks' notice.

You should get an attorney's advice - the Alberta Law Society can refer you to someone - before you deliberately breach a contract, but I wouldn't sweat this one.


Title: My Brother was Discharged from the Army for Mental Instability yet Somehow He's Managed to Pass Background Checks When Buying Guns

Question:
Hi all,

A little history, my brother has never been a very stable person. When in school, he got into constant fist fights, failed ninth grade repeatedly until he dropped out, and did lots of drugs, including mind-altering ones. At the age of nineteen, he got his GED and joined the military. He was a 9/11 recruit. He wasn't able to make it through boot camp as he would eventually threaten a superior officer. We came to find out he had a full mental snap and he spent more weeks in a mental hospital than he did in boot camp. He was discharged (neither honorably or dishonorably), diagnosed with severe bi-polar disorder. Now, so many years later, he doesn't take medicine or see a doctor for his mental issues, and had actually stopped all forms a therapy within weeks of getting back home in 2002.

Fast forward, my brother is now collecting guns of all shapes and sizes, assault style to concealable. He is still very unstable, and snaps at the smallest of things (my wife and I no longer go to cook outs at his house because he yelled at my very young kids for being too loud and giving him a headache) and sinks into depressive states for weeks at a time. He would be the last person I would want to have a gun.

Here is my question: How is it possible that he's passing background checks? I'm very concerned for him....

Edit: I’m in PA, and so is my brother.

Answer:
 He wasn't dishonorably discharged and HIPAA laws make linking mental health records to background checks incredibly difficult.

Depending where you are at you could make a Red Flag call if you believe he is a threat to himself or someone else


Title: Divorce/custody/overnight guests (AR)

Question:
My husband and I have been unofficially separated for nearly 3 years. We have seen a mediator but it sort of failed to come to anything because we couldn't agree ( I felt like the mediator and him weren't listening to my concerns, they brushed off emails, etc. - he was paying the mediator and it was a friend of his family).

We had an unofficial, fluid  custody schedule worked out but I've had problems with it since a lot of his time involved his parents doing the  caring for him. He works odd hours, while I work your standard 9 to 5. So they pick him up from school on his days and often put him to bed so my husband doesn't get to see him until the next morning. They also care for him during the day while my husband works when school is out on his days.

I love that his parents can help him out but I feel this is slightly weird considering I have that time available. He could ask his co-parent. We could work together to maximum each person's time with our son ( by coordinating working days and days off).  I feel like I am communicating more with his parents regarding drop off and pick ups than him. Should he not be keeping our son on days he could maximize his time instead of days that work best for his parents? Once they went on vacation for 8 days and I had to watch our son that entire time even though my husband had days off. He won't care for our son unless his mom and dad are available, in case he "  has to go to work". I've to work too. I find ways without calling my parents. I always give him right to first refusal for instance or call a babysitter (last resort) or call out to work. I feel like I am working completely around his parent's schedule and not his.

 I asked that custody be moved to me having him mostly during the week with him three weekends ( so he could maximum his time with our son, not his parents, and to ease the burden of them having to sort of  babysit).

He isn't having that. Which is his right to disagree. Right now our standard agreement is 4 days for me, 3 for him, with me getting one full weekend (saturday and all of sunday a month).

He has always paid my son's daycare, while I've handled medical care. He has asked in mediation that I pay more toward daycare. His lives with his parents, they pay the bulk of his bills, and he works part time (bordering on full time but not exactly offically full time since they cut on occasion - it is a fancy grocery store)

I got served papers today that he is asking for full physical custody with me paying him part of the day care expense.

He is also asking that I move out of the rented house I've shared with my fiancee/boyfriend (we've been engaged for months but we are keeping it quiet until we set a date) for nearly two years. That is kind of my and my son's home and his added income helps with rent. My son has his own bedroom and, since it has been nearly 2 years since my fiancee and I have met, my son is very acclimated to having him around. I understand he isn't part of the parenting team but he helps in ways that allow me to be a better parent ( he does the dishes so I can focus on my son or makes sure all the plumbing is working or etc. ) He is indirectly a huge positive influence in our lives and another positive male role model for my son. You can't have too many of those, right? He is saying my boyfriend is an overnight guest. But his name is on the lease with mine.

Can he really ask me move away from my home and out on my own? I mean, he lives with his parents so I'd think if I had to move he would too but he views that differently since they are family.

I just got these today and a lawyer in family law can meet with me next week but I'm impossible worried. It would be impossible to get him to talk to me at all if he somehow got full custody. Can he get full custody if he lives with mommy and daddy and they pay for his stuff and I live on my own (minus the relationship) and have him more?

It is hard enough to get my husband to communicate things and I feel like I am the only one parenting sometimes.

Also, he is asking (him not his lawyer) for a lot of my financial information. Do I have to give it without a lawyer? Or can I ask him to through my lawyer for those types of things?

He is saying I can get in trouble for stalling mediation when I didn't agree with things. I just felt unrepresented. I felt like my concerns were getting swept under the rug and they were talking to themselves about me without listening to me.

I don't want the judge to think I was being difficult. I just didn't want to agree to something when I felt my issues weren't being addressed ( I stated it several times in emails and never got a response back other than some form of "we'll address it in the next meeting. When can you meet?" ).

I know this is a lot. Sorry for the rant. I'm just confused about this entire thing.

I am in Arkansas (northern part) but I'd like not to list the county since my husband is a frequent redditor.

Edit: babysit from babysitter in the second paragraph.

Answer:
 > Can he really ask me move away from my home and out on my own?

One can ask for anything.

Just talk to your attorney. The answers to all your questions are "maybe"Answer #2: You will not get in trouble because mediation was unsuccessful.  You can ask the court for a right of first refusal in the custody order, and then have the right (but not obligation) to take your son whenever he is with the grandparents.  Parenting time days, daycare and medical costs are issues on the table for negotiation and/or litigation.  If your son has already been living with your fiance for two years, with no court action to stop it by your husband, I seriously doubt the court will make you move out now.  Frankly, this is just a dick move on his part, and you can flip the 2 years he didn't complain about it right back onto him.

>Can he get full custody if he lives with mommy and daddy and they pay for his stuff and I live on my own (minus the relationship) and have him more?

Anything is possible, but it is highly unlikely.  He would have to show some danger to your child being with you to have a reasonable likelihood of success.

You don't have to give your husband financial documents.  Wait and do it through your lawyer.


Title: (Washington DC) Evicting the President

Question: What would happen if the President refused to leave the White House at the end of their term, would they be evicted, or would they just be forcibly removed?

Answer:
 Squatter-in-Chief.Answer #2: Obama becomes a tenant-at-sufferance on Jan 21, 2017.  It's unclear whether he's entitled to further notice than simply the termination of his tenancy -- he will have had 4 years advanced notice of his move-out date of Jan 20, 2017.

It does appear clear that he can be sued for damages in trespass amounting to twice the daily fair market rental value of the property.

Forcible evictions, even for tenants-at-sufferance are illegal in DC.  Obama could sue Bernie Sanders for damages, if Bernie proceeds to evict without a court order.