Title: Home Invasion by A Bunch Of People

Question:
I'm 23 years old. I used to live in an upstairs two bedroom apartment all by myself. The young kid downstairs who is 17 over the course of time has come to invite himself over whenever he feels like it.

He brought a homeless friend over who also invited himself to live there with me for free.

The kid from downstaies doesnt live with me he just comes to hang out.

The homeless guy brought 1 other friend who brought another friend and so on and so forth to where i could have 20 people that i dont know in my 680 sq. ft. apartment at any one given time.

It generally gets to be 20 people because the young kid from downstairs just brings random people over and then leaves. And now im stuck with all these people i didnt invite over. Its really weird.

Generally these people dont bother me but my main issue now is that i dont think this is normal or right that i pay to have other people live with me for free.

I have had notices on my door by the police and apartment manager for noise complaints and am literally on the verge of being evicted for things i didnt do.

They trash the place. Smoke weed. Clog my toilet. Eat all my food. Use literally eveything thst belongs to me. Have sex in my room in my presence. They have not paid a single dime to be here. Use up all my internet. Have me drive them places for whatever reason.

All at my expense. Because i have let them.

I live in DFW, Texas btw.

So the reason i post all of this and what im hoping this thread can do for me is help me get these people out and how i should go about doing that?

Oh i forgot to mention i am missing a lot of microusb to usb cables(phone chargers) and adapters and also a pair of black headphones.

So there is literally no benefit to having these people over.

Also what kind of action can i take against the young kid from downstairs by bringing over these people?

Answer:
 "Having these people over" -- are you saying that none of them have been staying there (for more than a few nights)?

Look, I don't want to come off as too insulting here, but you're an adult with your own apartment. This shouldn't be complex. Don't let them in. Tell them to get out. If you have to, call the cops.

Tell the kid not to come over or bring people any more. Don't let him or his people in.

You have a lock on your door -- use it.

You're not "taking action" against him, or against anyone else at this point. You let them in. You created this situation and are 100% responsible for it -- both as the adult and as the leaseholder.

Consider the missing cables and headphones the smallest possible tax you could pay for learning an obvious lesson.


Title: Smell of MJ in my car

Question:
I work next door to a medical marijuana farm. Our parking lot borders their outdoor planting area. I don't know whether they have the MJ growing out in the open or if it's in greenhouses or whatnot as they built fencing around their property so no one can see in, but the smell wafting across is \[i\]strong\[/i\].

During hot summer days I leave my car windows cracked while I'm parked at work. The MJ smell permeates my car for several hours after I leave work. Like I can drive home (one hour commute) with the a/c blasting, park in my garage, then go out a couple hours later and my garage smells of MJ. Even if I leave my windows up some smell gets inside

Wondering what the possible problems are if, say, I were to ever get pulled over on my way home and the cop smelled MJ? Could this be used as PC for a search? Something worse? I have never smoked (anything) and never will, though I don't have any problems with people who do smoke medically or recreationally.

I'm in Arizona specifically, but I suppose this could apply in many places. Medical is legal here; recreational is not. If it matters my place of employment was here before the farm opened.

Answer:
 Yes, this could almost certainly form the basis of a search of your car. Answer #2: You'd better be super paranoid about not having anything illegal in your car or on your person.

And, uhh, practice looking white, not looking nervous, or [twitching your buttocks](http://loweringthebar.net/2014/01/colon-case-settles.html) at the cops


Title: What would happen if a president was discovered to not be eligible after they are elected?

Question:
So, we all know that birtherism was a racist lie, but it does raise the interesting question of what would happen in the case of somebody being elected, and then found out to be an ineligible candidate.

According to [article 2 of the constitution](https://www.senate.gov/civics/constitution_item/constitution.htm#a2_sec1), the requirements to be president are:

* "natural born citizen" (or a citizen when the constitution was adopted)

* be at least 35 years old

* be a resident of the US for at least 14 years

If a person elected president was discovered to not meet one or more of those requirements, what would happen? How would timing change things if it was discovered before inauguration, during presidency or after their presidency?

Answer:
 Probably nothing.

One of the most interesting things to come out of the various “Obama birth certificate” cases was the Court’s approach to standing in these cases.

Standing is basically a question of “do you have the right to bring this suit.”

We know ordinary citizens lack standing (Berg v. Obama)

Voters lack standing (Essek v. Obama)

Congressmen, state politicians, and service members lack standing (Barnett v. Obama)

Even if service members had standing, they could be dismissed by the government to remove it (Cook v. Good)

State citizen litigants cannot claim election fraud to access otherwise limited documents (Martin v. Lingel)

Nor can elector candidates (Keyes v. Bowen)

And finally, private litigants cannot block electors to a candidate after the election (Ankeny v. Governor of the State of Indiana)

Basically, no one would be able to challenge the eligibility of a sitting President. And it is unlikely the courts would do anything to further that idea.

The only remedy would be for Congress to impeach the President.Answer #2: Lots of prolonged court battles but the end result would likely be their removal and replacement based on the line of succession.


Title: "Friends and I were robbed at gunpoint at an Airbnb, will suing work?

Question: My friends and I went on vacation to Los Angeles, California. We flew their from Toronto and stayed at an airbnb. The house was described to be an independent house however upon arrival we find it to be a duplex. We all went out that night to a hookah lounge and strip club and were having a good night. We brought back two girls to the airbnb house and continued to party. As some friends were having a smoke in the backyard, four armed men with what appeared to be pistol and assault rifles broke into the backyard and robbed us all. Airbnb host described the neighbourhood to be “family friendly”, which it clearly wasn’t based on the crime rate in that neighbourhood. The girls aren't suspected of being apart of this robbery. I am seeking for legal advice on how to proceed with this issue, any suggestions?

Answer:
 >will suing work?

 The police will work. Answer #2: >The girls aren't suspected of being apart of this robbery.

Uh-huh.

A description of a neighborhood as "family friendly" does not create a warranty or guarantee that you won't be the victims of a home invasion robbery.

Unless your AirBnB host or an AirBnB employee participated in the robbery, then there is no possibility that they have any liability in this situation at all.Answer #3: > I am seeking for legal advice on how to proceed with this issue, any suggestions?

Sure, if you can identify the people who robbed you, you can sue them.

This isn't the homeowner's fault.


Title: Is my Passport considered "damaged" (USA, MA)?

Question:
I don't know if this is the right sub for this, but I need to renew my expired passport. I see that I can do it through the mail as long as my passport isn't damaged.

It has been through the wash. (I know, I know) Everything is still clear and able to be read, (including my signature) but it is wrinkly and dog-eared. Is that considered "damaged?"  I'm actually impressed at how well it held up through the wash, all things considered, but I don't want to end up in some bureaucratic hell because I didn't do the right thing.

Thanks in advance. Sorry if there is a better sub, I wasn't sure.

Answer: >Conditions that may constitute damage ... include **water damage**, a significant tear, unofficial markings on the data page, missing visa pages (torn out), a hole punch, or other injuries[.](http://travel.state.gov/content/passports/english/passports/FAQs.html)Answer #2: Probably... My boyfriend's had a bubble/indentation on one page from a bead of sweat and it was considered damaged.


Title: Can I sue Hillary Clinton, Correct the Record, or Reddit $hills?

Question:
No. No you cannot. Go back to /r/conspiracy.

EDIT: If you can't tell, this isn't a real megathread and the rules are relaxed here.

EDIT 2: Just because we are having fun here doesn't mean you can brigade. Remember, brigading violates Reddit's rules and we will permaban you.

Answer:
 But what if I have gold fringe around my laptop and I've declared that I am an Interstate Commerce with intent to travel?Answer #2: Out of the loop:

Are people actually wanting to sue Hillary? If so.. what?


Title: Held against his will

Question:
I am requesting some legal advice regarding animal laws in South Florida.

On Monday February 6, 2017, our dog Charlie escaped from our backyard through our door that was accidentally left open. We spent hours looking for him around our neighborhood to no avail. The next evening, we posted signs with photos of our lost dog and a contact name and number to reach us in case anyone has found him.

Days went by and not a single phone call until Saturday February 11, 2017 my mother received a phone call from a woman named Michelle, who lives down our street, claiming to have seen our pet. Michelle explains to my mother that our dog was found on that Monday afternoon on her porch as she was leaving to run errands.

According to her story, she grabbed him, went door to door down her side of the street asking all the neighbors if the dog belonged to them or if they had any information on said dog. The owners of one of the homes she approached, by the names of Wife and Husband, stated they did not know who the dog belonged to however they were willing to foster the dog until the original owners were found. According to Michelle, she stated several times that she will leave the dog with them but if the original owners were found, that they would need to give him up. Michelle gave us the address of the people that were holding the dog and advised us to go check if it was our pet as soon as possible.

On Sunday February 12, 2017 around 9 PM my mother and I went to the address that Michelle gave us, and we rung the bell twice; no one was available, so we taped one of our signs with pictures of our pet onto their mailbox with our names and numbers clearly written so that they can contact us as soon as possible.

On Monday February 13, 2017 we did not receive any form of attempted contact by the home owners, so at 4 PM we drove up to their home again. Husband was parked in his white van, seemingly ready to drive somewhere, when we approached him and introduced ourselves. We calmly explained the situation and asked that he please let us see the dog that they have in their possession to verify if it was our pet or not. He refused, saying that he was on his way to work and would be back in about 3-4 hours and that he would like to resolve this then. He explained that the woman who gave him the dog, Michelle, told him a completely different story. He claims that Michelle was giving away the dog because she was unable to take care of him, that she spoke of the dog as if she was the owner, and even told him that she took him to the veterinarian and that he was a puppy (when in fact he is 11 years of age). She stated that he has a microchip registered under a random name. He stated that, in front of his Wife and Michelle, he would only keep the dog if he knew that no owner was going to come looking for this dog because he knew that if he kept it, it was going to be a permanent member of his family and did not want to upset his young daughter. Thus, he has kept the dog in his possession
since Monday February 6, 2017. He stated that he would gladly give him back after he came from work, that he would contact my mother once he was ready and once he was able to calm his upset daughter and convince her that the dog has to be given up.

My mother and I waited for hours, and even called Michelle to speak to her and clarify what was going on, yet she did not answer or return any calls. At 9 PM my mother and I once again decided to drive to his home since there was no phone call from him. We rung the bell twice, and Wife answered through a telecommunication device. We stated that we were here to pick up the dog and that we had been waiting for hours for a phone call that never came. Wife stated that she was not allowed to do anything until Husband came home. She stated that she "deserved at least a day" with the dog so that her and her children can properly say goodbye to the dog. As my mother proceeded to explain that she had documents, tags, and pictures proving that this was our dog, Husband was pulling into the driveway at that time. We approached his car once again, and this time his demeanor changed completely from when we spoke earlier that afternoon.

Husband stated that we had no business being there and that he specifically stated that he would deal with it once he arrived home from work and that we were pressuring him and that we did not respect the agreement we had. He continued on to raise his voice and act aggressively towards us when we asked that he please return our dog to us as we are the rightful owners. He began to state that he was starting to doubt our story due to the conflicing stories Michelle was giving to both of us. My mother continued to insist and asked him to at least show us the dog to make sure he was ours, but he continued to refuse stating that we have no business to see the dog. He began saying that his daughter did not go to school that morning because she was crying about having to give up the dog and they have been trying to console her ever since. He stated he needs time to deal with the situation and that we would just have to wait until he calls us. He never once offered us his contact information.

My mother and I tried our best to diffuse the situation before it continued to escalate and agreed to let him handle his family situation by allowing him to contact us when they were ready to give up the dog. He continued to state that we need to give them time due to their upset daughter who did not want to give up the dog because she fell in love with him. He stated that he has no problem giving us the dog, we just need to respect their situation and wait until he decides to contact us. He took a photo of our pet's rabies certificate, vet information, tag information, and receipt proving that we have paid for such services for this dog. We stated that we expected a phone call as soon as possible and thanked him for his time.

Now it has been several hours after the exchange and I am really wanting to call the police or seek legal action against him because we as the rightful owners should not have our pet held against his will and we have attempted to resolve the issue as civil and respectful as possible. Our pet has been a part of our family for years and it saddens us to know that he is trapped with an unfamiliar family simply because they refuse to give him back to us. I would like to know what our next step is and how we can resolve this issue as quickly as possible; we simply just want our dog back and were willing to be patient with Wife and Husband however they do not see it in this manner.

We don't know for sure that it is him because Husband refused to allow us to see the dog and verify that it is our pet; given this, I strongly believe that it is our pet because Husband knows it is ours and does not want to give him up so easily. Not sure what to do in this situation.

TL;DR: Neighbors found my lost dog but are refusing to give him back due to their upset daughter. What should I do here?

Answer: Call the police. They are stealing your dog.


Title: Is having your upstairs neighbors shooting a bullet through their floor/your ceiling 3 times in 4.5 months a reason to break your lease in Illinois?

Question:
I'm never going back there and have already moved back in with my dad and brother and my sister says she'll lend me the money if I have to pay the penalty but I am hoping don't have to. The first time I found a bullet in my kitchen and there was a hole by the light in the ceiling but the police and the superintendent said it likely came through the window and not the ceiling. The second time I found one in my bathroom and someone from upstairs was arrested for letting a kid play with a gun. Now that person and the kid don't live there but other family still are and I was seriously thinking of moving. One night a bullet was shot through the ceiling into a my mattress when I was sleeping in bed. The police said someone was high and arguing with his cousin and he shot the walls in his apartment too and people heard it and called 911 and he was arrested.

I can give them the police reports from all 3 incidents, even though they already know. Is this enough for me to break my lease under the law without penalty or would I have to pay? I moved in June 1 and the lease is for one year. The superintendent says there is nothing he can do because I have had no other trouble with the people upstairs and I don't know them and they were likely accidents, but some of the family still lives there and the property management won't return my calls. The superintendent says no one can tell my neighbors what to do and it's not his problem or a problem at all. Like I said I am already moved out but I would like to avoid paying the penalty if at all possible. Thank you. This is my first lease so I wasn't sure what the laws are.

*Edit: I live in Illinois*

Answer:
 >The superintendent says there is nothing he can do because I have had no other trouble with the people upstairs and I don't know them and they were likely accidents

Bullshit.  There is no such thing as an accidental discharge of a firearm.  It's negligence.  The only way a bullet is coming out of a gun is someone has a boogerhook on the bang switch.  Answer #2: Ultimately, it's unlikely you'll be able to reason your way out of this one with the landlord.  You should still write the letter that /u/DrWho1970 recommended but if they aren't amenable then you may have to tell them to take you to court to collect because you disagree with their interpretation of their responsibility.  If they don't take you to court but send debt collectors after you then write letters to the collectors telling them that the debt is under dispute and to cease all further contact with you.  If there are bad marks on your credit report then write to the credit reporting agencies to describe the problem and let them know the debt is under dispute.

Obviously you can choose to hire a lawyer instead of that second part but chances are the landlord will still sell the "debt" even if you have a lawyer write a letter.


Title: Unauthorized gym membership on debit card for over 2 years

Question:
Hi all. Minnesota is location of gym membership.

We have a question regarding a gym membership that was opened without the consent of the debit card holder. This gym membership was opened a few years ago and said person had since passed away. We had our own membership with this company and we cancelled this past fall. That's when we noticed an extra charge from a gym in our home town. We called and were given the run around until this week when we were finally able to cancel it.

This membership has been unused for at least 2 years since the death of this person and our debit card has been charged since before this. We have never received any mail regarding any renewal or made aware at all. As I understand it, we should have seen that charge but my partner used to have an identical charge before turning his own membership into a couple's one. How is it that they can have someone sign up for a membership with someone else's payment information. My partner isn't even on the account so he wouldn't have been able to even use the gym had he known.

Do we have any options or are we SOL. They have currently refused a refund for more than the last charge.

I just can't believe they would allow them to use someone's card info. Or fail to mail a renewal request when whatever length membership this person signed up for expired.

Answer:
 The terms of the contract may not have required a notice of renewal, and yes, businesses have been known to allow payment by a person who is not a party to the contract.

Is the deceased's name on the contract? If so, contact them, notify them that the deceased died, provide a death certificate and request that the fees be refunded retroactively to the date of death.


Title: Do I have a half sibling? (New Zealand)

Question:
My sister found a letter that was meant for our dad. I didn't see a copy. But she sent me frantic txts. The letter was a bill from Inland Revenue stating an account for child support.

My sister and I are freaking out. As far as we know its just the two of us.

Is it child support for one of us?
Unlikely. Dad has full custody of us with his new wife. Our parents separated four years ago. Mum passed away so its not like she's paying child support and there's no estate to pay on her behalf. Even so before her death dad was paying child support to mum.

Is it an old account?
Unlikely. As far as I know dad paid his child support on time. And it was four years ago that he would have stopped paying for us. Anything outstanding should have been sorted by now.

Is the government paying child support for us?
As far as I'm aware there are some benefits available, but he earns way too much and the document was an account for child support which can only be paid from a parent.

Is it for a sibling we don't know about?
Possible. Either a half sibling or a full sibling in someone else's care.

Reddit help. I'm freaking out here.

Answer: If you don't want to ask your dad or think he will lie, then put the paper back, scratch your head and say, huh. That was weird. Has your life changed at all? No. And so you have a half brother or sister. So what? This is a stranger. Living their life. It's not going to mean a frogs fat ass to you one way or another. Sounds like if your dad lies to his kids, and cheats on his wife, the DNA is not exactly stellar. So chances are you are not missing anything anyway except for someone who is angry that their dad was not in their life. This really doesn't involve you unless you make it an issue. This is your father's life, not yours.


Title: Property Scam

Question:
Location: London UK

I am shaking as I type this so I apologise if I ramble. Just about a month after, a friend of mine saw an advert for Rockmount Property Ltd on Facebook. We've been wanting to move out of our current accommodation for a while as the rent keeps going up. We check it out and see a property listing and decide (with one other friend of ours) to take the leap and make an inquiry.

At first, it seems too good to be true - the 3 bed flat is within our budget and looks great. The catch is, the company apparently deals with mainly overseas clients so they offer a virtual tour of the property instead of physical ones so it becomes convenient for landlords and people looking to rent from overseas.

We check the website reviews, trust pilot uk, it's 'registered'. We send the deposit to the landlord, sign the tenancy (via email), google street view the property, and are in contact with the agent. We've all made arrangements and are set to move in on Saturday.

Two other friends of ours decide to use the company as well and were due to move in to a property by the end of the month. They liaised with the same agent.

I text the agent about something on Thursday and the message is left on Sent, not Delivered or Read. We can't reach the phone number. Tonight, the website cannot be opened. I send an e-mail to the agent and it bounces back. None of the links work anymore. I check Trust Pilot again, search the name and lo and behold, the one we all saw before was fake and the trust pilot reflects that the company was indeed a fcking scam.

We sent deposit and rent. What do we do? My friends and I plan to go to the bank and hope they can help us. We also plan to go to the police. I'm at a loss. We ignored the red flags. We were gullible and stupid and I've been crying my eyes out. What do we do? Can we get our money back? Any advice will be appreciated.

Answer: you probably aren't getting the money back, theyre mpst likely in a whole other country


Title: [USA, Arkansas] Landlord is threatening to evict, raise rent due to "amount of occupants" with no proof, is changing lease terms with no warning and is constantly snooping on property.

Question: [deleted]

Answer:
 Driving by the house or being nosy with neighbors is not likely to violate your right to quiet enjoyment.

In most cases, girlfriends aren't family.


Title: Parents bank account frozen over nonsense - California claims my mother made ~$167,000 in 2011, failed to pay taxes.

Question:
Location: California.

The dollar amount is precisely *to the cent* what my dad made in 2008. (Years and amounts are estimated but ballpark)

IRS says someone attempted to file but was rejected, and as such, they no longer retain any detailed records about the filing.

California seized bank account (A whopping $571) over unpaid taxes. Parents currently live in Oregon.

My parents are broke. Dad hasn't worked for years due to a bad heart and crippling medical debt. Mom hasn't make that much money in her entire life.

This is clearly a clerical/computer error but they are overwhelmed and don't know how to even start sorting this out.

Any advice on where to start would be appreciated more than I could ever express.

Answer:
 Not a Lawyer

https://www.irs.gov/advocate
and collect any W-2s and tax returns from the past 4-5 years.

If it's the Franchise Tax Board I have no idea.

I'm sorry to hear about your parent's poor health. Answer #2: This page is an FAQ on protests.  It should point you in the right direction: https://www.ftb.ca.gov/individuals/faq/protestAppeal.shtmlAnswer #3: Did they file a return at all for 2011? They should, even if they didn't make any money. If they didn't, that's usually why an agency will go with an estimated amount. They may need to request their transcripts for that year or other statements to prove they did not have an income. Is this an IRS debt or a state tax debt? If they got one they are likely to get the other. Did either parent cash out a 401K or other type of retirement plan? That's usually a reason people overlook. Seriously though, reach out to a local tax advocacy center (not a scam tax agency) and see if they can help to file.

I will say that your parents would not be garnished/levied without multiple attempted mail contacts so you may reach out to your parents to see what they are doing with all their bills. Many people in that situation toss or hide them when there are other options. Try to reach out to them to make a list of all outstanding debts, including this one. The hospital will often write off debt for those with low incomes. Check to see if they qualify for aid plans and public assistance that may help. /r/personalfinance can help you to find those resources when you're ready.


Title: Unsure what to do. GP office fuckup?

Question:
OK, so this is a rather strange and upsetting one. Some background for you: I am from USA and moved to UK Dec 2016.

Before that I lived with parents and went to the same GP office as them. Only my last visit to their GP was ages ago. Can't remember exactly when it was but I think it was about 2 years ago. That's also when my last pap smear was in US. I was told everything was all good and was even given the OK to go back on birth control(Depo shot which after that I didn't continue after it ran out)

Skip to a few days before I leave the US to go to UK. I went in GP office with my mother to request that they send my medical records to me. They can't send them overseas so I just give them my moms address as it matched the one they had for me. I also got married on July 30th so I put the name they had on file as well as my new one on the release papers. They state the records will arrive in about 2-3 weeks.

Now skip to today. My mother fb messages me saying they had to sign for something in the post. Something to do with insurance, I'm guessing is had a medical insurance company name on it or something cause this happened next. She calls my old GP office to see if it's something they sent. They then proceed to look my old name up and then tell my mother I need to come see them ASAP. My last pap smear test was abnormal and they then gave her a cervical cancer talk about me.

Thankfully I had a pap smear a few days ago in UK. I'm still waiting on results on it.  But this whole thing bugs me. First of all, I no longer have US medical insurance. Secondly, who the fuck waits that long to tell someone, no.. someone's mother, they might have cancer. And thirdly, I'm guessing that the post from insurance company my mom signed for ate my medical records. If so, who the fuck says they will arrive in 2-3 weeks, then sends them 6 months later?

When I was living with my parents, my mother was my emergency contact. But they shouldn't have told her ANYTHING about my results as my mother had to clarify my name change reason (got married) and that I no longer lived with her before they told her this. IDK what to do. What do you guys think, legally? Or am I overreacting?

Answer:
 Did you sign any release allowing the doctor's office to talk specifically to your mother?

If they actually told your mother your pap smear results without it, that is a HIPAA violation. You should call the licensing board for that state, as signing for sealed medical records might not be sufficient authorization as other poster said.

Also, side note from someone in health sciences: Pap smears have ridiculously high false positive rates. This is why they stopped doing them as often and raised the recommended age to start to the 20s. Like the other poster said, most abnormals are non-cancerous HPV or even just benign changes in the cells throughout development. The people in the doctor's office were very wrong to work you up about cancer, that is incredibly unprofessional.


Title: [US-FL] Father trying to get us to sign house into trust.

Question:
Hello all. So long story short is that my siblings and I don't trust our father with a 100 foot pole but we have to deal with him occasionally.

Back in 2007 he quit claim my late grandmother's house from himself to me, him, and my two siblings. Now over the last two years he's been trying to get all 3 of us to sign the house into a trust because he says in it's current state he's paying far more property taxes than if it were in a trust.

I have absolutely no intentions on signing it because my siblings and I fear there will be something that will allow him to either reverse mortgage it or sell the house. Just in general we have no intentions on signing the document but were wondering if anyone could point out anything in the trust agreement, or something that isn't in the agreement, that he could use to either sell the house or screw up the current state of the house because it is currently free of any mortgage so all he has to pay to live there are the bills and taxes.

[Trust Agreement PDF](https://drive.google.com/file/d/0B0VdkVUHWUIpdmlycjA0ZjNHaHM/view?usp=sharing)

(BTW I removed any personally identifiable information from the agreement to comply with the subreddit rules)

Thanks to anyone who has any input.
Topic:
Wills Trusts and Estates

Answer:
 Putting a house in trust, with the grantor retaining a life interest and the heirs as beneficiaries, is a pretty common estate planning tool.  It avoids the house going into probate, which allows the heirs more freedom to manage the asset upon the death of the grantor.  This can be a benefit to the heirs.

In addition, the trust document can provide express rules about what can and cannot be done with the house.  This also can be a benefit to the heirs.

Putting the house in a trust helps protect it from creditors of the father.  This is obviously a benefit to the heirs, especially since the father is apparently not in good health.

So there are clearly potential advantages to OP here, *if* everything is done correctly.

However, there are several things in this trust that raise red flags.  Why is the father retaining a 25% interest in the trust along with the life estate?  Why does the trust terminate on the death of the father?  Also, I'm suspicious about the tax savings claims, though its admittedly not my area of expertise.

I suppose my suggestion is that the three siblings should probably retain their own lawyer and negotiate something that works for all the parties.  If there is a way to save the father on the operating expenses of the house, that's a win for everyone.  At the same time, the three siblings deserve to be protected with respect to their ownership interests.


Title: Landlord Selling Unit in the Middle of My Lease: trying to Up-charge Utility Fee

Question:
So per my lease agreement me and my three roommates (4 total) each pay $300 per month in rent plus $67 per month on a fixed-utility fee for a total of $367.

But my landlord just sold the unit we live in to someone else and is claiming we each owe him "catch-up" utilities for $800 ($200 per person) now that he's selling it. He has no proof of the bill he's claiming and our lease agreement doesn't stipulate our responsibility to pay anything beyond the agreed amount.

The lease has a section outlining the utilities:
"Lessee shall be responsible for arranging for and paying for all utility services required on the premises, except that which shall be provided by Lessor. Lessee shall reimburse Lessor one fourth of monthly billed utilities to be communicated to Lessee a total and proportionate amount as soon as all utilities have arrived for the month and paid within 10 days".

Can someone explain what this means and whether or not we are actually responsible to pay him for this - especially related to the fact of his sale of the unit in the middle of our lease?

I'm located in Columbia, Missouri, USA

Answer:
 > Lessee shall reimburse Lessor one fourth of monthly billed utilities

Then where'd this $67 number come from?

If you agreed to pay a quarter of the billed utilities, you owe a quarter of the billed utilities. You can insist on seeing the bills, but if you're presented with the bills and they corroborate the amount your landlord claims is outstanding, you owe.


Title: [CA] My ex husband has visitation only. I'd like to somehow give my husband parental responsibility/rights to my son in case I die without adoption

Question:
Is this a thing we can do? I don't take child support from my ex by choice, I take care of all drop offs and pick ups and he's pretty in and out, but I don't know how he'd feel about legal adoption. I'd much rather find a way where the three of us could all have parental rights.

Anything I can do? My husband has raised my son and my ex has been in and out. My husband is the only father he knows, but I know my ex would fight me tooth and nail. I really don't want to terminate his rights anyway, I just want my son's relationship with his second father preserved.

Answer: IANAL but I doubt very much that you could do that without adoption unless the father has been completely absent from your son's life.


Title: (CO) Getting investigated and probably fired for sexual harassment.

Question:
I started working for a government contractor about 3 weeks ago and am going through the process of getting trained and getting my access to do my job. The entire building I worked for (Made of up civilians and government contractors) participated in an event at a golf course. At the golf course, one of my female co workers was standing in front of me and I absentmindedly swatted at her hair. She flipped out (Rightfully so, I know I shouldn't be touching peoples hair) and started bitching to me about personal space. I apologized, went on with the rest of my day and assumed that was that.

Monday morning I get to work and get pulled into the office and get told I am being investigated for sexual harassment, among another complaint (which they won't tell me what it is, but I assume is something to do with my trainer not liking me). I offered to quit right then and there and they tell me regardless of if I quit that they will still investigate and that I HAVE TO participate in the investigation.

I Honestly do not know what to do at this point, I'm not excusing my actions but at the same time believe that I am being prejudiced against because of various factors. (I am considerably younger then everyone, come from a different branch of service, am the only male in my work area ect.) I am fresh out of the military and am afraid that I'm not going to be able to find another job after this, and that I'm just sorta screwed.

Answer: Keep your head down, do your job as best you can. Don't talk about it with coworkers. Don't talk to the woman involved. Tell HR you would like to apologize to her if you haven't already, with them there to observe so she can't accuse you of anything else. If fired, file for unemployment. Tell HR you made an error in judgement, am sorry, and it won't happen again.


Title: Bought a giftcard online for a discount - turns out it's is stolen/fake and the company of the GC is asking that I pay out of pocket for what I bought with the card

Question: I purchased a gift card for an online store off of ebay. It was at a discount so I said "what the heck, i always wanted to try this." Now after spending around $200 on the website my account is blocked because the giftcards were "disputed" by the original purchaser. They want me to pay for all previous purchases because the gift card balance was revoked. I technically purchased all the stuff I currently have. So do I own this stuff because they revoked the gift card balance after I purchased? The E-Bay seller is no where to be found and I purchased the gift cards a little while ago. Just to get out of the situation I am willing to just return all the items I bought and take the loss on the money spend on the GC but there is a chance the website might not let me do that and force me to pay. What are my options? What can I do?

Answer:
 > So do I own this stuff because they revoked the gift card balance

No.. no you didnt. If the business gets no money, then you didnt pay. So you need to pay for the things you got. Your issue with buying fraudulent gift cards is on you, not the business


Title: [CA] Dad is keeping child support and claiming it's his by law. Do I have a case?

Question: My dad has been my legal guardian most, if not all, of my life and my mom pays child support ($300 a month). She's been very spotty about paying it and because of that she's still paying off back payment well into my adulthood (I'm 22 now). In late March I moved out of my dad's house and started to live on my own. I didn't even think about the child support payments until my mom texted me on the 5th asking how I was doing and if the money she sent had helped. I let her know I moved out and, outside of $200 my dad sent, I haven't gotten anything. She then let me know she sent $1000 in May and had been sending $230 every other week, totaling in at about $1900. I then messaged my dad about it and asked about the money my mom's sent and told him its not his to keep. He kept derailing the point and before telling me he'd send me an email after collecting his thoughts. His email stated that since my mom legally doesn't have to pay child support after I'm 18 then that money is now legally his. I looked it up and yes, the child support stops after 18 in California law, but this still is extremely sketchy to me. Since it's backpay and it is not continued child support, then technically isn't that money supposed to be mine? I'd like other opinions before paying for a lawyer since I'm low income.

Answer: The Child Support back pay belongs to your dad. You have no right to it.Answer #2: No.  The money is his.  If your mom wants to help you (in addition to, not instead of, paying her back support), she can pay you directly.Answer #3: Your dad fronted the costs to feed and clothe you so it is his.


Title: Pre-nup questions

Question: Our farm has been in our family for three generations and would like to keep it in it forever, I am curious as to what extent a pre-nup would be effective and as to what assets can be covered from payments in the event of a divorce. What are some of the things that should be covered in the pre-nup?

Answer: A prenup might not be the best way to achieve this.  You should consult a local attorney who does both prenups and estate planning.


Title: [MD and MI] Is there a process in place to ensure in the unlikely and unfortunate event of my sister-in-law’s death, her children would come into my and my husband’s custody?

Question:
My sister-in-law (in Michigan) has three children all currently under the age of twelve. The two older ones are from a previous marriage, but her abusive ex-husband is currently serving a long sentence for sexually assaulting his daughter. He also beat his son, although the courts weren’t so helpful on that. Regardless, his parental rights are completely terminated. She has another young child with her fiancé who is great and his family’s great and no worries.

After a few deaths in the family, SIL has expressed concern as to what would happen to her children should something happen to her and asked my husband and I (in Maryland) if we would agree to take on the kids. Of course we would, but we have a few questions concerning the legality and no one knows where to even start looking for the answers.

1) If she marries her fiancé prior to anything happening, would he be automatically granted custody (as she currently has sole custody) or would he have to formally adopt the children from her previous marriage?

2) If something should happen to both of them, what’s the best way to legally ensure my husband and I would assume custody of the children? Is this something that can be deligated in a will, or is it something separate?

3) What sort of law are we looking at, as I’m sure a lawyer would probably need to be involved one way or another? Family law, estate law, something else? Would we need documents filed in both states or just hers? I’m at a loss.

Thanks in advance.

Answer: Estate attorney. She needs a will. If the guy wants to adopt, family law attorney.


Title: "Is there a Life Estate on this property?" - Not sure what to answer, one person on deed is deceased

Question:
I am in NYC, NY.

I'm trying to help my mom fill out an application to receive help with property tax on my parents' house. My mom and dad's names are both on the lease. My dad recently died, so the house is my mom's now. I'm not sure what to answer for the question of "Is there a Life Estate on this property?" According to wiki, a life estate is "the ownership of land for the duration of a person's life...that ends at death when ownership...may pass to another person." In my layman understanding, isn't this how a deed works? If one person dies, then the objects now belong to the other person. But I am really not sure wether this question is getting at something else, and the application itself is a little ambiguous. I get the feeling that it is getting at something else, given that the application then asks for a copy of the Life Estate agreement (which I don't think we have, unless it literally means the deed.) I'm very confused.

Any advise would be greatly appreciated.

Answer:
 A life estate is a special addition to the deed. In some ways it acts like an easement (but not really).

Say my parent both own a piece of property. They want to give it to me, but want to continue living there. So the deed me the property, but before doing so they add a life estate onto the deed. Even though I have the future interest in owning the property, as long as one of the person who has a life estate is still on the property they can use the property and live there, without being evicted. They may be responsible for property tax; and there are restrictions on what they can do to the land (they can make limited improvements, but can't do anything that would devalue the future owner; like cut down all the trees or agree to dump nuclear waste on it).

Once the life estate people have died, the owner retains full power to control and dispose of the property as he pleases.

Tl;dr - your mom likely owns the house outright, without a life estate on it. If there was a proper life estate it would be recorded on the deed.


Title: Has time run out

Question:
Earlier this week I tried to get a free legal consultation but the lady that contacted me back wasn’t even a lawyer so not much help.
I had an “encounter” happen 6 yrs ago and am wondering if I should report it, but afraid it’s too late now. I know the backlash I’ll get from waiting so long and I just want to know if there’s any real reason to, if it’s too late or not.
I was in mid 20s and had known a guy for a few months, spent time with him, talked almost everyday. He told me he had 4 days off (not unusual with his schedule) and wanted us to get away to his family’s cabin for a few days in the state he was from a few hours away. My bf before him had had a family summer cabin and I trusted this guy bc I’d known him a few months so it wasn’t a big deal. Anyway I went with him but instead of taking me there, he took me to a campground. It was a really rundown camper, falling apart. The inside was full of trash bags and junk like hoarders, it was squirrel & mice infested. The bedsheets had ants and bugs. I was just floored.
I’m not sure if I could press charges because he didn’t beat me or anything like that. I was terrified and didn’t say anything. I know that sounds stupid but I’ve never felt that kind of fear in my life, it was like I lost my voice and my soul curled up for safety on the inside. He took my clothes off and had sex with me then left me there. And he came back the next evening and repeat. Did it every late evening for almost a week. I’m not sure exact number of days bc I also have seizures & had several tonic clonic/grand mals so the days got bunched together. I was there during the day I tried to get out but the door was either locked or something wrong with it & I couldn’t open it, and I didn’t have the strength to bust the windows bc I hadn’t had food, water & was weak from seizing. sorry this is so long, I just want to know if I should even go to police at this point, if there would be a criminal case.I’m worried that since I didn’t try to hit him ( I just laid there scared and let him)they’ll say it was consent. And when I did get out, I didn’t go to the hospital or police. I went home & curled up in a ball and stayed in my room for over a year. But I know how bad it will look that I didn’t report or do a rape kit. Its been 6 yrs and I know there’s statue of limitations in every state. This happened in PA. I’m having so many questions trying to work through this. Some of my questions have been had he done this to others so I’m feeling guilty for not saying anything. I’d just like to know if there would even be a case or if the case would end up being against me for being the worlds biggest scaredy cat.
Topic:
Criminal Law

Answer: I am very sorry this happened to you.  The statute of limitations for rape in Pennsylvania is 12 years.  For kidnapping and false imprisonment the statute is shorter and appears to have run.  I can’t guess as to whether the police would take action.  You have done nothing wrong by waiting. Once again I am so very sorry.


Title: Flat fee lawyer for traffic court violation hasn't done anything on the case; court is tomorrow and he wants me to show up. [Virginia]

Question:
I was driving my scooter too fast on the back roads in an area that doesn't like motorcyclists and got myself a reckless citation, a class 1 misdemeanor. Not wanting a 6 point violation on my record, I found a lawyer who listed that area as a traffic court he represents clients in. I gave him a rundown of my situation over the phone, he quoted a flat fee price, and I agreed.

I dropped a check off at his office, but he wasn't in. His secretary took my check, made a copy of all my papers, and looked at me with a "why are you still here?" expression on her face. After some prompting from me, she understood my concern and wrote me a receipt (while muttering under her breath about how I'd given her a check). Strange, but not horrible. She said he'd call me to talk about the case when he was back in the office.

I didn't hear back from him, so after a week I called. He got back with me and emailed me a copy of the filing he sent to the court saying he'd represent me. He claimed he'd already snail mailed it to my address, but for reasons that may be unrelated, I hadn't gotten it (me and the Postal Service have had some mail delivery issues). He said he usually conferences with the prosecutor a week or two before the case.

At the end of the day with only 6 days until my case, I hadn't heard from him. I sent him a message, he got back with an email saying he'd called the guy and hadn't heard back himself. This last Friday, he called me and said he'd tried again but hadn't heard from the prosecutor. He then said he gets bad cell service at that court house and he'll need me to show up at court so we can talk about whatever deal is offered because he "doesn't t accept deals without talking to the client."

My case is scheduled for tomorrow, and now I have to travel an hour and a half to make it to a court house so my lawyer can do nothing that I wasn't capable of doing myself. What the hell am I paying him for? I hired a lawyer to avoid having a class 1 misdemeanor and having to go to court.

Is there anything I can do today/tomorrow? If he doesn't do anything useful tomorrow, do I report him to the State Bar? Can I ask for my fee back?

tl;dr: traffic lawyer has done nothing but take payment

EDIT: My lawyer just called with a plea offer from the prosecutor. He will appear at court on my behalf and accept the plea tomorrow. He accomplished the minimum of what I said I wanted; a lesser charge, a fine, and me not having to go back out there to deal with it.
Topic:
Traffic and Parking

Answer: Lawyers don't have a "make it go away" button stashed in their office. He contacted the prosecutor to discuss a plea bargain; what else do you think he should have done?Answer #2: Your attorney isn't "doing nothing".  He's tried to talk to the prosecutor.  The prosecutor hasn't returned his calls - not his fault.  He's also going to advocate for you in court, which is absolutely crucial.  This is pretty standard for traffic cases - the attorney doesn't need to do hundreds of hours of preparation.


Title: Refusal to sell to a competitor - Anti-Trust Law

Question: I am located in the United States.  I am looking to grow my small business and as such I am trying to buy competitor product to make sure my product is comparable in quality, manufacture and marketing.  I have a competitor that is refusing to sell to me.  Is the refusal to sell an anti-competitive practice?

Answer: Perfectly legal.  That's why you get someone else to buy it for you.


Title: A landlord in California can't "pre-date" a 30 day eviction notice, right?

Question: My landlord told me on Monday that he was going to give me a 30 day notice starting on November 1 but he still has not given me anything in writing. Would the 30 days start on the date that I receive the written notice?

Answer: There is no thirty day eviction notice. I'm guessing your landlord means termination of a month to month tenancy. If you have been in the unit for a year or more, you are actually entitled to 60 days notice.


Title: Seeking advice for taking someone to California Small Claims Court over scamming me in a car sale.

Question:
So, the story is: someone was selling a vehicle on Craigslist that was described *thoroughly* as being in perfect working condition with zero problems and that regular maintenance was performed and et cetera*, (he even repeated all this stuff verbally while I inspected it)*. Upon my initial inspection, all of this seemed to be true, but the second I handed him the cash ($4250) and he (very quickly) disappeared, I *immediately* found that the vehicle's engine had a *severe* and expensive problem that, turns out, would cost about the same value of the vehicle to repair... and that there turned out to be obvious attempts to temporarily fix the issue without proper repairs. Basically, everything he said about the car's condition was an obvious lie. I called him no more than 5 minutes after the sale and he responded that he would return right away, but didn't. Then, he ignored all of my attempts at communication for hours. Then he replied accusing me of breaking the car (which was literally impossible within the very small time-frame between sale and discovery of the damage, not to mention the nature of the damage) while simultaneously offering me a $250 refund.

I have a lot of documentation. I have documentation of all texts conversations between us, logs of our calls, and their corresponding timestamps. I have documentation of a dispatched local police officer who was notified of the fraudulent sale immediately afterwards. I have the online advertisement stating the blatant lies about condition of the vehicle. I have a statement from the mechanic I took it to less than an hour after the sale stating the neglectful nature of the damage to the vehicle's engine and the existence of previous attempts to poorly patch the expensive problem. I have Carfax documentation of the car's repair history, including it being sold less than a year ago, which also contradicts statements about the car being up-kept by this owner for much longer. I have a lot of documentation regarding everything surrounding this day and his obvious guilt in lying to me and premeditated intent to scam me with this sale.

I need to first write a demand letter, but I'm not sure about a lot of the language I would need to use regarding this type of fraud/scam. It was initiated via the internet. I paid in cash with the understanding that everything he wrote in the ad and said in person was truthful. I never signed anything nor have anything in writing about the sale being as-is. The title he handed to be was pre-signed several days prior by potentially not himself (possibly his father). I'm not certain if the name I have on the title and paperwork is the name of the person I dealt with in person or if it was the name of a family member that was the registered owner that he sold it for. I absolutely intend to take this person to court to reimburse me for **1)** the $4250 it was sold for,  **2)** the $80 for the mechanic's diagnosis, **3)** an estimated cumulative total of mine and my wife's freelance day-rates that will be calculated into how much time we spend pursuing this litigation, **4)** estimated cumulative total of the cost to store the vehicle in a paid parking spot while we pursue this litigation, and **5)** an estimate of the cumulative total of any legal fees involved in pursuing this litigation. I need to first demand for items 1 and 2 and somehow address it appropriately that it either gets to this unnamed individual or the registered owner of the vehicle or his guardian if he is a minor (he looked young). My wife and I are also co-owners of an LLC that the vehicle was being purchased for and we are in California, a community-property state, so we count as a sole-proprietorship, which I believe allows us to still sue for up to $10,000 instead of $5,000.

I've submitted a complaint to the FBI IC3 as well as reported the fraud to Craigslist with the ID number of the posting, just to create additional and immediate documentation of the event to further bolster my case that I couldn't have caused the type of long-term damage that the vehicle suffers from.

Any advice or links or other resources anyone could share with me to help me address this problem and move forward as legally sound as possible would be greatly appreciated! Thank you!

Answer:
 First of all, leave the police out of it. This isn't a criminal matter. And the FBI IC3? Get out of here with that shit. You bought a used car with no warranty from a private seller and couldn't be bothered to get in inspection.  Did you get a smog cert?

Best case, you get your money back and the filing fee. Those other things are laughable.


Title: [Minnesota] 3rd degree assault-substantial bodily harm

Question:
Long story short: SO was suckered punch at a bar 5 years ago.

Went to court, guy was convicted (FEL) 609.223.1, served 90 days, payed restitution etc. Thought his part of our lives was done, he was living in another town, never see him.

We have now seen him at two different local bar & grills on 3 occasions-he has moved into our tiny town. He comes up and "talks" to us and our group and is always trying to start something (saying rude things, swearing, bringing up the incident). So far nothing has happened (I think he is just trying to get SO or one of our friends to be mad enough to fight him...) He always has the same friend with who also is trying to instigate. I am not feeling very safe or secure and wondering if the court mandated protection order is still in effect for my SO. I tried looking online and can't figure anything out. I can see that 'no contact with the victim' is part of his probation but I don't know how to see if he is still on probation. Any insight is greatly appreciated.

Here is the online case info (w/o identifiers)

Stay of Imposition Pursuant to M.S. 609.135 (Judicial Officer: X. ,)

1. Assault-3rd Degree-Substantial Bodily Harm

04/26/2010 (FEL) 609.223.1 (6092231)

Monitoring - Adult:

Type: Supervised probation

Agency: MN Department of Corrections.- Field Services

Term of 5 Yr

01/24/2011 - 01/24/2016   ((((i see here it looks active still but below I will post the part that confuses me.))))

Status: Active 01/24/2011

Local Confinement:

Agency: C- County Jail

Term: 90 Days

Time To Serve: 90 Days

Duration: 05/15/2011

Stay 0 Yr 0 Mo 0 Days

Credit For Time Served: 1 Days

Serve As:

    Work Release (If Eligible)

    Sentence To Serve (If Eligible)

Status: Active 01/24/2011

Condition - Adult:

1. No same or similar, 01/24/2011, Active 01/24/2011

2. Remain law-abiding, 01/24/2011, Active 01/24/2011

3. Follow all instructions of probation, 01/24/2011, Active 01/24/2011

4. No alcohol/controlled substance use, 01/24/2011, Active 01/24/2011

5. No possession of alcohol or drugs, 01/24/2011, Active 01/24/2011

6. Random testing, 01/24/2011, Active 01/24/2011

7. Anger management, 01/24/2011 - 02/23/2011, Active 01/24/2011

8. Follow recommendations of evaluation, 01/24/2011, Active 01/24/2011

9. No contact with victim(s), 01/24/2011, Active 01/24/2011

10. Conditions, other, Cooperate with a transfer of case to county of residence. Can not move from state unless approved by probation. 01/24/2011, Active 01/24/2011

11. Supply DNA sample, 01/24/2011, Active 01/24/2011

12. Pay restitution, $1640.97 Set up payment plan per probation 01/24/2011, Active 01/24/2011

13. Restitution reserved, 01/24/2011 - 02/23/2011, Active 01/24/2011

14. No use or possession of firearms or dangerous weapons, 01/24/2011, Active 01/24/2011

15. Sign Probation Agreement, 01/24/2011, Active 01/24/2011

01/24/2011	 	 	Sentencing  (1:00 PM) (Judicial Officer . ,)
Result: Held

01/24/2011	 	 	Felony Conviction Sent to Secretary of State

01/24/2011	 	 	Criminal Judgment and Warrant of Commitment (Judicial Officer: . , )

01/24/2011	 	 	No Contact Order (Judicial Officer: . , )

01/24/2011	 	 	Order for DNA Analysis (Judicial Officer: . , )

01/26/2011	 	 	Felony Conviction Sent to Secretary of State

01/26/2011	 	 	Criminal Judgment and Warrant of Commitment

02/16/2011	 	 	Restitution Order (Judicial Officer: . , )

02/16/2011	 	 	Notice of Filing of Order

02/22/2011	 	 	Probation Agreement

07/23/2012	 	 	Order-Other (Judicial Officer: , )

07/27/2012	 	 	Notice of Filing of Order

10/11/2012	 	 	Order-Other (Judicial Officer: . , )

10/11/2012	 	 	Notice of Filing of Order

03/21/2014	 	 	Discharge from Probation (Judicial Officer: . , ) (((((((This part!!!!! Discharge, 2 years early. Does that mean the above conditions are no longer in effect?)))))

03/21/2014	 	 	Progress Report

03/21/2014	 	 	Notice of Filing of Order

03/21/2014	 	 	Restoration of Voting Rights Sent to SOS

Thanks in advance for your help!

Edit: spacing and typos
Topic:
Douche

Answer:
 It appears that he is no longer on probation, so the terms are no longer in effect.

If you or your SO want him to leave you alone, then you can ask him to do so.  If he doesn't, or you feel like that will be a wasted effort, then you can go to court and apply for an order of protection/restraining order against him to keep him away and not contact you anymore.Answer #2: > 03/21/2014 Discharge from Probation (Judicial Officer: . , ) (((((((This part!!!!! Discharge, 2 years early. Does that mean the above conditions are no longer in effect?)))))

Yes, this means that he was granted an early release from probation.  And, yes, that means that the terms of his probation are no longer in effect.  Sorry, he has the right to make contact with you, just as you have the right to avoid him or tell him to stay away.  If he makes threats, call the police.


Title: Someone is trying to sue me, but no contact has been made. [TX]

Question:
Back in October I started receiving buisness cards from a lawyer on my front door trying to contact me. We called the number several times with no answer and just a voicemail. We moved in November to a new house, and I got a text from my old landlord this morning with a statement taped to the old front door.

Saying from small claims court with a case # and said that I've been sued. It said this had been filed August 13th and that I needed to reply 14 days after. We were living here in August.. I don't understand why this is being posted so late or if it's even legal to be posted on a door like this. If we had moved out of town I'd had no clue. It also said issued and given under my hand and seal of said court at office the 4th of October. When I've never recieved anything but cards. What do I do?

Answer: The case is not legitimate if the complaint is not properly served, BUT you don't have enough facts to know if that is the case - sometimes, complaints can be served by being posted at the defendant's last known address, IF other means have been exhausted.  i don't know the law in ok. But, a local lawyer will know for sure.


Title: I just discoverd that my company's bookkeeper has been docking my personal time without my knowledge or consent. Is this legal for the state of NH?

Question:
At my company we get 6 paid sick days a year, 3 personal days and vacation time that varies depending on how long you've been here.  Yesterday I took the day off to attend my grandmother's funeral.  I notified everyone the day she passed that I would be taking the day off and when I returned this morning, I followed our company policy and submitted my time off form requesting to use one of my personal days.

An hour later, the bookkeeper came into my office to let me know that I was out of personal time for the year and that she was going to be using one of my accrued vacation days instead.  This confused me, since I have requested exactly 1 other personal day for the year that was used in March.

She then went over the dates in which "I used" my personal time.  Except the days that she had noted, were not days that I requested the use of my personal time.  She was docking my time for days our office was closed down by the owners due to inclement weather.  2 days we were sent home early and one day they closed the place before we even opened, due to a Nor'Easter.

She never notified me that she was docking me that time and I never signed anything authorizing her to use that time.  I know it is probably mostly my fault because I should have checked my paystubs, but no where in any company policy or procedure does it say that your personal time will be deducted should ownership decided to shut down business for the day.

Is what she did legal?

Answer:
 > but no where in any company policy or procedure does it say that your personal time will be deducted should ownership decided to shut down business for the day.

That may be the case but there is also no law which says they can't.


Title: Drinking in Park (Illinois)

Question:
Yesterday evening, SWIM and a friend were having a picnic at a public park. SWIM is of drinking age, the friend is slightly underage. Each person only had one beer, and they were concealed in bags so that nobody could see what was being drunk. SWIM dumped his out after deciding not to drink, and threw the bag and can away. The friend had a few sips, but after a couple of minutes of being there a police car drove by, turned around, and parked about 500 feet away. SWIM and friend decided to leave after quickly finishing the food, and the pair put all of their trash in the bag that the friend's drink was in and threw it away at the park. At no point once the pair saw the cop car did anybody take a sip, but as the pair pulled away in friend's car the police officer pulled out onto the street, parked, and went over to look in the trash can. SWIM was immediately dropped off at their home nearby, and the two went their separate ways. Police activity was high in the area for the next several hours after this.

Is it a coincidence that police activity was high? Is there any way to still be caught for this? What could the police do at this point? At no point was the pair ever stopped or questioned, but it is possible that the police car was able to get friend's license plate as the pair left the park. And yes, the pair knows to not risk drinking in public from now on!

Answer:
 For the uninitiated: SWIM in internet parlance means **S**omeone **W**ho **I**s **M**e. Somehow, someone got the idea that the third word was 'isn't' and that posting 'SWIM' instead of 'I' or 'me' would be the one weird trick that prevents the FBI/DEA from arresting them. That someone is probably in federal prison.

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Title: [Ky] Neighborhood Vandals, What is "legal" in defending myself and my property.

Question:
My house personally hasn't been targeted.....but whats actually legal?

A lot of the houses have had these kids (ages 13-17 or so) roaming in groups, destroying things (like Christmas decorations and such). Fortunately for my laziness I have no x-mas decor, but they've been caught in the past of destroying trees/gardens/garage doors/breaking in/car vandalism/etc...

What is actually "legal" for me to do, lets say I caught one of them in my yard for instance. Can i detain him? Chase him down and record him?

Im not obviously going to try and attack a child, im just asking what's technically legal? (Im probably going to get a camera installed just in case)

Thanks!

Answer: Calling the police is legal.


Title: Unable to find record of supposed arrest from when I was 19. I am in the process of applying to master's/professional schools and am unsure of what to do.

Question:
When I was a dumbass 19 year old, myself and some friends got pulled over in Alabama on the way to spring break and arrested for possession of alcohol, marijuana, and drug paraphernalia. We were put in a cell, processed individually, and met with a bondsman who got us out on bail. From there we went on to our destination unsure of what to do next.

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I ended up getting a letter in the mail with a case number and instructions for a pre-trial diversion program. Basically, I had to send them something like $1400 and take a certain number of hours worth of drug/alcohol related courses and prove I took them. After completing these requirements I never received anything stating that it had been completed, what steps to take next, and how this incident will look on my record.

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Since then, I have applied to a volunteer position and job, both working with kids and requiring a background check, and did not have any issues. Now that I have graduated college and am applying to graduate programs, I am unsure of what to put on the application when it asks about criminal history. I have searched public records in Alabama and have not found anything, and have also conducted a self background check online which yielded no results.

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Despite this, there is a record of the arrest on the town website. Another question I have is whether or not there is any possibility of having that taken down so it does not come up when my name is searched on Google.

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Any insight and help anyone can give me on this situation would be greatly appreciated. Thank you in advance.

Answer:
 When I was applying for my professional license and had an obligation to fully disclose any arrests, etc. I had a similar situation I wrote a letter to attach to my application detailing my best recollection of what happened and what I did to attempt to get documentation. That was sufficient.

Answer #2: I believe the pre-trial diversion keeps the offense from appearing on your record, since you were never convicted. Employment and school applications only require you to disclose convictions, not charges that did not result in conviction. This explains why there is no record of this incident, because you weren’t convicted.
You do not need to disclose this on employment or school applications. I’m under the impression that the one record that does appear (the arrest record) was published in a local “crime log” type of paper, and I doubt anyone would be scouring the internet looking for records of arrests that didn’t end in conviction as part of a routine background check. You didn’t find it when you did your own background check, and the prospective school or employer likely won’t find it, either. Answer #3: Can you check with a lawyer? Usually an initial consultation is free, and they’ll tell you what sorts of actions they suggest and how much it would cost.

You can also check with r/gradadmissions for that aspect specifically. Answer #4: If your profession fingerprints and your prints are in the system, you have to explain this up front every time you license in a new state.  Prints don't go away.

Nurse.


Title: [WA] Ignition Interlock company withheld proof of compliance to DOL. Now I'm facing jail time. Can I sue?

Question:
In 2013 I got a DUI. Part of my sentencing was a requirement from the WA State DOL to have an Ignition Interlock Device installed for four consecutive months in my car. On August 1 of 2015 I had the device installed in my car. On November 25 or so of 2015 my father brought the car into the shop on my behalf (I was out of area) and under the direction of the company’s employee the device was removed. I drove for the next year believing my IID requirement had been fulfilled. A few months ago I received a speeding ticket--my first speeding ticket--and was summoned to court and charged for driving without an IID device installed in my car. Now I’m facing jail time.

I reached out to the IID company and asked what the deal was. They explained to me that I removed my device a few days too early, and that they would not submit documentation for “proof of compliance” to the DOL to lift this requirement on my license. They claim it was my responsibility to have the device removed at the right time, even though I took it out on the day they advised me too. I disagree--they understood fully the requirements I needed to meet and convinced me (my father) to act against my best interest, knowingly allowing (in fact, advising) me to remove the device early. (An aside: the law does not specify 120 consecutive days. Only 4 months. Would 16 weeks be considered 4 months? My device was in 16 weeks and a few extra days.)

Yesterday, I received a second speeding ticket while in another part of the state and was charged with the same thing again. I’m still in court for the first ticket, trying to have this matter cleared up with an attorney. Now it looks like I may need to shell out a couple more thousand dollars, and I’m facing jail again.

My question is: do I have any legal recourse against the IID company? I feel as if I have been totally screwed over by the IID company and now they’re stone-walling me. Can I sue them for my money back? Can I report them to the better business bureau? Can I take them to small claims court? They screwed me over and are costing me a ton of both time and money on two speeding tickets that should have been just speeding tickets, and I could very likely go to jail because of this.

The best outcome for me would be not going to jail, getting my 4 month IID requirement waived/lifted/accepted (i.e. not having to have it installed again) and getting money back for my legal fees from the IID company. A good, but less desirable outcome would be, after paying for my attorney to go to court, the court recognizes that they (the IID company) were responsible for my device being removed early and I don’t have to have the device re-installed, and I don’t go to jail. Bad outcome: I don’t get my money back nor do I have my IID requirement waived and have to install the device for another 4 months. Worse outcome: I go to jail for not having completed my IID requirement; I have no legal recourse and I lose thousands of dollars in legal fees, in addition to having to have the device reinstalled. Worst outcome: ??

Thank you all for any help you can offer in advance. I really feel up a creek without a paddle here.

Answer:
 Lawyer time.

The requirements of the law are primarily yours to follow. The shop and your father may have screwed up but you should have known when you were allowed to remove the interlock.

Answer #2: > Part of my sentencing was a requirement from the WA State DOL to have an Ignition Interlock Device installed for four consecutive months in my car.

The IID company was not sentenced to install the IID device. You were sentenced to have it. It is your responsibility to meet the stipulations laid out in your sentence.

That said, if you were off by a couple of days, hopefully a lawyer can help you convince them this was an innocent mistake.

That said, continuing to rack up speeding tickets does not help your case at all. Answer #3: First piece of advice: Stop driving. After your first ticket, you knew that (the state thinks) you were non-compliant, so you should not have continued to drive.

Second: As other people have said, get a lawyer.


Title: Rhinoplasty (nose job) went wrong, please help!

Question:
Hi Reddit,

1st time posting, I hope this’s the right sub. I apologize for the long post in advance.

long story short: my SO decided to get a  Rhinoplasty (aka node job), not that she needed it tbh, but kind of agreed w/ her to do it.

After consultation with the surgeon, she agreed to go under the knife. Immediately after the procedure, we noticed it was not symmetrical and looked obviously crooked. The surgeon mentioned “it will look normal after healing” which was total bs but we couldn’t do much at that point. He said we must wait 1 year before he can work on her nose again, but said “he will make it right”.....

Ok, fast forward a year and her nose still looks like shit. We went back to see the surgeon and told us he will perform a complementary rhino-reconstruction (basically to fixed it).

After the 2nd procedure, she comes out with the same results as we expected...it looked no different, it not worse! He basically F***k’d her shit up, again. It went from bad to worse.

She feels emotionally destroyed & physically damaged.

We have a follow up with him this week, but we feel helpless. Is there anything we can do? Would it be possible to get the money back so we can go to someone who actually knows what the fuck he’s doing and get it fixed?

Any advice would help! Thanks!

Answer: What you are talking about is a medical malpractice claim. These claims are very fact specific and require the review of a attorney experienced in these cases. A bad result from surgery is not necessarily a violation of the standard of care.


Title: Post-divorce (10yrs+) Repo Issues [NYS]

Question:
Hello all,

First, some basic info before we get to the meat of the issues:

Location: New York State
Divorce timeline: 10+ years ago
Repo location: Capital Region
Bank: Unknown

Situation:

My mom divorced 10+ years ago and went through a financial nightmare. The individual she was married to had effectively financially raped her (Judge's words). Bankruptcy was filed. Car, camper and boat were all repossessed. He had applied for loans with her cosigned on that she wasn't aware of. This took a few years to resolve - he still owes her over $25K. She moved away to get away from the individual and situation - she sold the house (somehow saved from the financial crisis).

Fast forward to now, 10+ years after the fact. She received a letter addressed to this individual at her new address (the second after the move) about a month ago. Only a return address, no organization name, blank piece of paper only inside. No details. She threw it away. Earlier this week, she received another. After a quick google search, she found it was a repo outfit in the capital region, close to where she is now living. She called. The summary is as follows:

* They can't find the guy or the items to be repossessed
* They can't tell her anything because she isn't cosigned on the loan
* They showed up to her house, after talking to her, to "repo whatever they could find" (per conversations with two neighbors)
* She isn't cosigned on the loan, but somehow the bank has only her address for the individual
* She doesn't have any collateral items on the loan, but the bank is still coming for her assets?

I think we've convinced the repossession group to leave her be, we gave them his last known whereabouts (as of about a month ago). My question here, is how can the bank A) have her address as the only known address for this individual, and B) how can the bank direct the repo group to "repo whatever they can find"? Is this common, or even legal? Doesn't the bank require some proof of residence for a loan?

More to the point - Is there action that we can/should be taking against the (yet unknown) bank and/or repo group?

Answer:
 If they take your mothera belongings its theft if all your facts are correct.Answer #2: Don't open mail that isn't addressed to you, with your name on it. That's a crime, even if you know the person whose name is on it.

Mark it as "not at this address " and/or "Return to Sender". If it's not got your name on it, it isn't your (or your moms) mail.

As far as your actual question, if they take your moms stuff, that's theft. I would advise that she invest in a few security cameras and not leave her possessions outside if at all possible. Easier to secure her stuff than to try to get it back.Answer #3: By "repo whatever they could find" they likely mean whatever they can find that belongs to the deadbeat ex\-husband, not literally whatever piece of property they can find. Hearing it through the neighbor, something is likely to get lost like a game of telephone.

If your mother hasn't co\-signed anything, the bank can't legally take anything of hers. If they do it's theft and she should call the police


Title: Sister's ex racked up 250 in library fees, can she sue him?

Question:
I originally posted on personalfinance but was advised to post here. This is what happened:
"So I basically went to the library with my "ex" and we checked out some CDs. Shortly after that I decided to go to rehab and I was there for 7 months then I was in a foster home for about 2 months. On my home pass I asked my ex if he returned the CDs and at first he said he lost them. Then when I asked him another time he said he returned them. My mom told me I kept getting calls from the library saying that I needed to pay the overdue CDs. When I got out of rehab and was in the foster home I decided to call the library to ask about the fines and to see if they were returned. They told me I owed 200 something and when I told my ex he kept telling me he would pay. Now he blocked me on Facebook and is refusing to pay."
Edit: We live in Los Angeles, CA

Answer: Library manager here. The last thing I want is to lose a patron due to fees/fines. Statistics are my bread and butter. Any reduction in my circulation and/or door count stats represents a threat to my revenue stream. I promise you, if you lose my stuff, all you have to do is come talk to me or give me a call and I will work with you to get you back to being a regular library user. Also, if these are older cds, chances are they don't circulate much (as compared to newly published) and are going to get weeded soon or would have been already. The monetary loss to the library of an item that no longer circulates is $0.


Title: Urgent: My roommate moved out before the lease & my landlord is visiting tomorrow

Question:
Last month my roommate and her boyfriend decided to follow their dream of moving to California. I was completely okay with it because I miss living by myself and have a great job that allows me to afford the rent. Also, I can turn her room into an office! Which I'm super excited about. However, my boyfriend and parents think she is taking advantage of the situation but that's a whole different discussion that I don't want to get into for this post.

My question is this: Can I get in legal trouble for my roommate's decision to move out before the lease without telling our landlord? The apartment is in North Carolina and we are BOTH on the lease.

The landlord called me saying she will be coming to our apartment with a contractor to take measurements tomorrow. My first instinct was to purchase an air mattress and cover it with one of my comforters to cover for my roommate. But then I thought... it was HER decision to take the risk. Maybe I should just leave the room "as is." But I don't want to get in trouble for her decision to ditch the lease.

I don't plan on being in the apartment during the visit - I'm going out with friends that night. So no one will be home to explain the matter.

Legally, can I get in trouble for covering for her but putting a bed in the room? And if I choose not to put a bed in the empty room, will I get in legal trouble for letting my roommate leave?

Answer:
 No trouble here. You and your roommate and jointly and severally liable for the unit, which means both or either of you have full rights to occupancy and responsibility for paying rent. As long as all of the rent is paid, it doesn't matter if either of you lives there.

You cannot just allow someone *else* to move in and take over their space if subletting is forbidden under your lease, but there are no legal issues if one left, provided rent is still paid.Answer #2: Don't waste your time/money putting a bed in there. It'll be fine. If anything, the landlord will be happy about it. One tenant means the unit gets less wear.Answer #3: Your landlord isn't going to care if your roommate is there or not as long as the rent is being paid.  You can just tell her your roommate moved out and you're just paying the full rent yourself.  In fact, you might want to take your roommate's name off the lease, since you're now the only tenant.


Title: Boss taking tips from kitchen

Question:
Hello, thank you in advance to anyone who can provide information for me.

I am under the impression, as are many past employees, that my boss is stealing tips from the kitchen. My restaurant is often packed full, waitresses sell upwards of $1500 a night. They do their tip out, our boss/owner takes what the waitresses tip out and only gives 25-60$ per person a week. Am I wrong to be suspicious here? I understand that there are multiple people receiving money from tip out, but even on our most recent valentines day one of my front of house friends got $250 in tips that night. Thanks again.

Answer: I don't know what jurisdiction you are in but for a tip pool to be vallid in certain US jurisdictions the only participants should be employees who are regularry tipped. Kitchen workers do not belong to that list, so it's important to know the jurisdiction.


Title: [US, Texas]I lied to a police officer about an assault my friend committed

Question:
[deleted]
Topic:
Criminal Law

Answer:
 >Then Friday the detective gives my coach a call and tells him that I was supposedly disrespectful to him even though that the other officer in the room assured me that I was not disrespectful in anyway after I ask him about this.

Really? Lying to a police officer about a serious crime he's investigating doesn't sound very respectful to me.

>What should I do?

Follow the advice of your dad and your new lawyer, and also stop colluding with your dumbass friends to try to obstruct a police investigation.Answer #2: TL;DR - OP and his friend follow someone out to his car and OP's friend punches the guy and breaks his nose.

Cops investigate the assault and OPs's friend tells OP to the cops and say they were at a restaurant and didn't assault the guy.  OP does so.  A few days later OP confesses to the lie.

Cops want to talk to OP again and he wants to know what he should do now that he has actively obstructed a criminal investigation.


Title: Home inspector failed to identify aluminum wiring in inspection report.

Question:
I've recently purchased my first home in Orange County, Florida which has become a headache.

The situation occurred as following.  My realtor submitted my offer on the home, which was accepted.  I then hired a home inspector to perform a home inspection of the property.  Upon completion of their inspection, I was given an inspection report in which they neglected to note the aluminum wiring throughout the house, in addition they mistakenly noted the wiring as copper in the report.  The aluminum wiring was brought to my attention after the inspection period but prior to closing by a contractor whom was about to replace the main FPE electrical panel outside.  I've since closed on the property and now own a house with aluminum wiring which is known to be a potential fire hazard.

The contract I signed with the home inspector has a clause stating the following..."The parties agree that the maximum liability for the Inspector and XYZ Company, LLC., arising from failure to perform any of the obligations stated in this agreement, is limited to an amount NOT TO EXCEED THE FEE PAID FOR THE INSPECTION. All litigation is subject to arbitration."

Because the aluminum wiring was found after the inspection period I couldn't back out of the deal, otherwise I would have lost the money I put in escrow which was $10,000.  I did attempt to negotiate a lower offer price with the sellers, but they declined.

My question is, am I only limited to the amount back from inspection cost due to the contract clause stated above or do I have any legal recourse against the home inspection company due to their negligence?  Rewiring the house with copper will cost thousands of dollars and I would like some compensation from the home inspector for this.

TL;DR - Home inspector mistakenly noted copper wiring in the house when in actuality it has aluminum.  Clause in contract states I'm only able to recover the cost of inspection report.  Can I recover more than just the cost of inspection report?

Answer:
 Does your inspection report say something along the lines of "All visible wiring" or anything like that?  Typically home inspectors will cover themselves pretty well on that type of stuff by making it crystal clear that they are only inspecting what they can see.

They typically don't remove wall plates and sometimes don't even remove the panel covers.


Title: [PA] Theoretically, what would happen if you claim to commit a crime that you didn't actually commit?

Question:
Like if I said I robbed a bank that was recently robbed and someone told the police. Would this have any legal bearing on me if I had an alibi or proof that I didn't do it?
Topic:
Criminal Law

Answer: Admitting to a crime is not proof of a crime. The DA is still going to want to see actual evidence.


Title: Razor blade in food

Question: [deleted]

Answer: You get over it and move on with your life.


Title: Landlord is selling property, realtor isn't happy with condition of the place. What do we do?

Question:
We're three adults living in a three bedroom house in Wisconsin . Our lease is up June 30. The landlord is in the process of selling the place and is hell bent on selling before our lease is up to ensure she won't take any losses on a vacant premises.

The realtor is not happy with the condition of the property citing the amount of "trash" and "clutter" in the basement which amounts to belongings stored in cardboard boxes and bins. Same with the garage. The landlord said that she the problem isn't that we aren't keeping the place clean, which we are, but feels that we are obligated to clear all our stuff out so they can show the property.

To oblige the landlord, we've been sorting through and donating/trashing anything that isn't necessary, and I'm in the process of moving in May as I've bought my own house anyways, but the level of harassment we've been taking is unreal. I've been getting daily calls/texts that this HAS to be done, and today I was asked point blank if we'd be willing to move out in a week. They've also proposed having us relocate our belongings to a storage unit until we vacate permanently.

So I'm wondering if the landlord has any right or legal recourse to force us to do any of the things they've asked, as long as the place is kept clean and in good condition. In my opinion this has greatly interfered with my 'quiet enjoyment' of the property, but let's say they wanted to try to evict us or take us to court do they have a legal argument?

Answer: Tell them you will move out early for $$$ (if you are willing) or to leave you alone. You are entitled to peaceful enjoyment while you are still paying rent. They have no grounds to evict you because you are using a basement for its intended purpose of storage. Answer #2: You are of course not required to do any of these things. One opportunity might be to offer to vacate early for a couple thousand dollars or something, if you would come out ahead in the end.


Title: I work at a grocery store as a cashier and accidentally charged a women's food stamps twice so her 450 food stamp bill turned into 900. She called the welfare office and they said nothing they can do. Can I be sued or put in jail?

Question:
[deleted]
Topic:
Consumer Law

Answer: The store can reverse the charges if she presents here card. Answer #2: You won't be sued. You definitely won't go to jail. She is correct that the welfare office can't fix the problem, but your store manager should be able to.Answer #3: Can't you put 450 back on her card like a regular card?


Title: [NM] what would it take for my ex’s parental rights to be terminated?

Question:
I have a child with my ex. He was abusive to me, a few times in front of our child. I finally split from him a while back. He started talking about how he’ll take custody, how I was unfit and dangerous, tried to get me to drop the protection order I filed while talking through my lawyer. I didn’t bend, and I was granted my protection order. He had filed one as well but the judge found no evidence to support his accusations. We had a child custody hearing later, he did not show up. So the judge told my lawyer to give him whatever custody paperwork she’d drawn up and he would sign it. So I have sole physical and legal custody. He’s got no visitation as the judge had ordered him to take anger management and parenting classes and he didn’t. He’s ordered to pay child support but hasn’t. He basically vanished from our kids life as soon as I left. I know a parent can’t file for termination of rights against the other parent and that it has to be state versus the parent, but I am wondering what would need to happen in order for that to happen? I’m terrified that someday he’ll try and come back. My kid doesn’t need that type of role model.
Topic:
Custody Divorce and Family

Answer: If you’re remarried it can possibly be done as part of a stepparent adoption.


Title: [NYC] due to min wage increase, employer wants to switch to “salary” and discuss tomorrow.

Question:
Employer at a small daycare is caught off guard by minimum wage increase and doing all he can to cut hours and vacation pay.

She now wants to meet tomorrow to discuss changing from a w2 hourly employee to “salary”.

I don’t know if she means 1099, but it looks like she’s trying to skirt the law by forcing to work extra hours as a salary employee.

Are there any loopholes or legal issues we should be aware of when countering this combo?

Answer: What are your job duties?


Title: Questions about non profit non kill animal shelters.

Question:
Location: Hamilton County, Ohio

Hello all.
There’s a very long version of the story which I could be swayed into writing out, but not yet.
There’s a shelter that I used to volunteer at, one at which a number of friends still do. There’s been a dramatic drop in cat population following an ouster of a shelter leader a few years back. LSS: the number has gone down by over a hundred which is WAY high factoring in adoption and terminal disease.

- are there legal restrictions with getting health records of the animals? They aren’t humans, so does HIPAA apply? Can I request a copy of records from the vet to see why the number of euthanasias is as high as it is?
-at what point does the decision to euthanize an animal become neglect/cruelty to animals? If Fluffy is happy and healthy then the vet should decline to put him down (right?) and not do so- or take Fluffy and put him in a shelter or keep for self.
- if the vet is the one legally to decide if euthanasia is appropriate for the animal (along with the feedback from the owners), could the bet be charged with negligence if they put them down with insufficient reason?
This should be a good start of questions to start me down the path Which I am looking down.
Thanks

Answer:
 Overpopulation is one of the most prevalent reasons that animals are put down in North America. That's not illegal.

Is your issue that they are saying they are no kill? No shelter is actually no kill, many simply stop accepting animals when they are at full capacity but will still euthanize animals they deem to be unadoptable (largely feral cats or agressively dogs).


Title: WA State - Cousin Threatening Me, When To Call Police

Question:
I am 19 years old, my cousin is 15 years old (16 in summer), we live with my grandparents. Me and my cousin were raised together, like brothers. He gets very angry when he doesn't get his way, always ends up with him cussing out my grandma, he only treats my grandpa with some form of 'respect' that a parent should have. My grandma or his mom never tells my grandpa about it because my cousin somehow manages to get his way. So I said "if you keep doing this dude I'm going to call papa, this is way out of hand" so he tells me to f off and do it so I told my grandpa who is at work what happened, he calls home and actually has authority over my cousin, my cousin knew I told at that point. Luckily I locked my door because he went straight to my door and tried to open it, I said "I'll call the police if you attack me", not sure exactly what he was trying to do, he said through the door that he just wanted to call me a snitch and a loser, but I think he would have gotten in my face or worse just from past experiences. After this my reply is "I'll call the police if you attack me". A bit later after it 'calmed down', outside, my grandma talks to him and must've said something about me calling the police so he runs to my window like a psycho, puts his face in my window screen and says "I'll beat the **** out of you if you call the cops". I couldn't even get a word in at that point because I was actually terrified, as sad as that might sound since I'm older. The whole reason why I even considered calling the police is because I was afraid of being assaulted... After all this, his mom comes in my room and begs me not to call the police on him because they'll get fined for it and it's not just him being held accountable for it. At this point I realize I should just move out and get as far away from my psycho cousin as I can.
What do you guys think I should do, I was thinking about getting this somehow on paper with the police so if he does assault me someday, I can do something about it.. I am not going to put my record or my self at risk for fighting him over all this, it probably wouldn't solve anything either. It would just get worse. If anyone could give me advice I'd appreciate it. I do plan on moving out as soon as possible, believe me.

Answer: Find a new place to live. Living in a toxic swamp will only make you toxic, as well. If your cousin assaults you, call 911 and have the police come out.


Title: (Ontario, Canada) Signed apartment lease in April, now landlord says apartment is double booked and wants to move us to another unit with smaller rooms.

Question:
Hello legaladvice! This is my first post here so bare with me.

In April me and 4 friends signed an apartment lease for September. Last week we got emails saying that another property management group had taken over our building.

That was fine but the problem arose today when we got an email saying that our unit was actually double booked and the people living there have renewed their lease. They failed to mention this to us when we signed the lease.

Our issue is that the they want to move us into another unit in the same building while paying the same rent but our room sizes are significantly smaller. Can we do anything about this?

All help is appreciated. Thanks.

Edit: So now after talking to them they told us that our deposits are non refundable. Could we argue that due to the breach of contract we are entitled to get our deposits back.

Answer: You can choose to just void the lease you signed since performance has been made impossible and just find somewhere else you like to live.