Title: Landlord sold house and wants me out by May 20th. Lease is not up until August 31st. [San Diego, CA]

Question:
She lives here and rents out the extra bedrooms. Besides myself and her, there are 2 other tenants that rent the other 2 bedrooms here.

My lease has no language in it about a landlord terminating early or a sale clause.
It was a lease signed to go from March 1st to August 31st.

I am willing to move out early and asked her if I could leave by April 30th/May 1st and she said I could but would still be responsible for prorated rent for the month of May.

Can I tell her to agree to my terms (the ability to leave early and not pay rent from the day I leave + the ability to stay past May 20th if I cannot find another rental) or force her to honor my lease all the way to August 31st? Does the fact she lives on the property as well affect certain tenants' rights?

She has not offered any kind of monetary compensation to leave and wants to still charge me rent up to May 20th even if I leave before then + hold my security deposit for 21 days after move out.

She claims selling the house is cause for terminating the lease.

Edit: If I am legally allowed to ask for compensation for her breaking the lease - what is reasonable to ask for?

Answer:
 She doesn't understand that the law now favors *you*. I find it interesting that she's breaking your lease early, yet still expects you to pay through May.Answer #2: Yes, you have no obligation to move out early.  Set your terms and make her abide by them or tell her you're staying until your lease is up.  You hold the power here Answer #3: >Edit: If I am legally allowed to ask for compensation for her breaking the lease - what is reasonable to ask for?

Have her make you an offer you can't refuse.Answer #4: Since you have a lease, and she has more than one lodger, you have the same rights as other CA tenants.  There should be tenant rights groups in your area that can help.

http://publichealth.lacounty.gov/eh/docs/housing/brochure/tenright.pdf

https://sandiego.housingcollaborative.org/tenant-rights/?page=6Answer #5: \>  Edit: If I am legally allowed to ask for compensation for her breaking the lease \- what is reasonable to ask for?

2 months rent \+ deposit immediately is a good starting point.


Title: Brother had food delivered to people who didn't order it hundreds and hundreds of times. One man who had over a hundred fake deliveries has a granddaughter who is FBI. Now the local cops say my brother can come to the station or they will come arrest him. How bad is this? (CA)

Question: He is in his second year of college on a scholarship and has no prior arrests, criminal record or interactions with the cops.

Answer: Every one of those hundreds of deliveries is a theft charge. It's bad. Answer #2: Say goodbye to that scholarship.Answer #3: Why did he do it?Answer #4: This is very serious. He needs a lawyer immediately. Literally, right now. Best case here is that the prosecutor sees this as a prank and is happy with a slap on the wrist and apology. Worst case is serious felonies and prison. This sounds like fraud, at the very least, and 100s of pizzas is probably a substantial amount of lost money.


Title: Signed lease in bad neighborhood by mistake

Question:
I am a graduate student moving to a new state for school. I found a good looking 2 bed 1 bath In the area and signed a lease with another grad student living there. He left the state shortly after communicating with me, so I was unable to actually see the place in person, I only saw what he showed me on FaceTime.

As it turns out, this is a decent home in an awful neighborhood. I have a dog I need to walk at night and don't feel comfortable living here. Additionally, the house is significantly smaller than what the student showed me originally via FaceTime.

The landlord has said I can get out of the lease only if I can find someone to fill my spot or get the student to rent a different house on the block; otherwise I am liable for my portion of the rent until the room is filled.

I don't think there is any loophole for me to get out of the lease, but would greatly appreciate any advice about how to talk to this other student about finding someone else to live with, or how to convince him to move out.

Edit: state is Michigan

Answer:
 >I don't think there is any loophole for me to get out of the lease, but would greatly appreciate any advice about how to talk to this other student about finding someone else to live with, or how to convince him to move out.

Welcome to being an adult.

You signed the lease, you are liable.  Advice is to find a student to rent it.


Title: I got robbed!

Question:
So the gist of my situation is this:
My furnace was broken, so i called my landlord to come and fix it while i was at work. I left both of the doors locked as she has a key and I live in Troy, New York so I'm already skeptical of people. She comes and unlocked the door and lets these two guys in who are fixing the furnace, and then she leaves them unattended.
Next thing you know, I come home and see them finishing up and make small talk with them. They leave, and in my gut i feel that something is off. I check under my bed where i keep my safe with this month's rent and utility money in, and it's gone!
I text and call my landlord to tell her and ask the people's names and ask if she knew anything about it. She refuses to give the names and is denying every accusation.
I plan on refusing rent, but i don't have a lease. Is this okay?
I've called the police and they say they're filling a report. Is there anything else i can do?
Please help!
Topic:
Landlord Tenant Housing

Answer:
 If you refuse to pay rent, your landlord will be able to evict you. It doesn't matter that you believe your landlord's contractors stole your money: the two matters are separate.

Other than that, you've done the right things. A police report is a major step, and if you have renter's insurance, you should start the claims process, as well.


Title: Uber driver from 2 weeks ago claiming i dented and keyed his car

Question: Today I received a message from Uber claiming I owed $1,136 in damages to a driver from 2 weeks ago. The messages were accompanied by images of a dented and keyed car. He claims I hit the car and wants me to pay in full. Additionally, the invoice posted has other costs unrelated to the damage grouped in under the reimbursement. I really don't have the cash to pay this and the ride was under my mother's paypal. WDID

Answer: Well if you didn’t do any of that, you contact Uber and tell them the driver is committing fraud and they should be removed from their service. Then, go about your business until they either crawl back under a rock or pursue you in court without any proof.


Title: California: Judge openly admitted to ignoring evidence when upholding default judgment. What next?

Question:
Facts of the case as I understand them:

1. Sister moved out of state for a contract job and informally sublet her room in an apartment to cousin.
2. Other roommate ("R") on the lease (not cousin) neglected to pay rent for a few months during time sister was out of state. Paperwork at management office apparently got messed up, so they didn't notice for some time. R thinks she did in fact pay rent, but doesn't have receipts for the money orders.
3. Sister moves back to CA but lives elsewhere, and gets herself taken off of the lease of first apartment.
4. Management company/landlord sue sister and R for missed rent; process server has record of sister signing the summons at apartment she no longer lived at.
5. In fact, R, who is bad at life, signed for sister because she thought she was helping and didn't understand what she was signing apparently.  Doesn't mention anything to sister because she says process server made it sound like it was all no big deal.
6. Because sister doesn't know she's being sued, she loses by default.
7. In sister's subsequent attempt to get default judgment overturned, R admits to signing the paperwork while in front of the judge (basically, admits to committing a felony). Sister provides evidence that she no longer lived at the address at the time, and evidence that she was 300 miles away at time she was supposedly served. Basically provided evidence that it was impossible for her to have been served.
8. Judge openly says that she thinks R is lying for sister and that sister's evidence isn't enough, upholds judgment.

To really make matters weird, sister was advised by lawyer acquaintance that she didn't need a lawyer to help her with all of this, and instead gave her some tips for filling out all of the paperwork. Sister defended herself in court to obvious effect. Doesn't presently have counsel.

I'm not 100% certain I have all of the facts straight, but assuming I do: does my sister have any recourse for going over the head of a judge, so to speak, who possibly acts in bad faith? I'm not sure how appeals work for civil trials, or whether it's worth the expense.

Thank you.

**Edit**: Maybe I should have explained the "ignoring" part better: my sister showed a new lease at a different address, had utility bills showing her name at the new location, has bank statements showing charges the day before and on the day she was supposedly served, and also had evidence that she was with her friends at the bachelorette party in the city that was several hundred miles away. Her roommate testified in court that she signed the paperwork, and the process server also stated in court that he didn't recognize my sister (although I'm not sure how much weight that holds, given that they see loads of people).

"Ignore" was just my layperson's attempt to shorthand the judge finding all of that insufficient. I'm not sure what other reasonable evidence my sister could have possibly provided to show that she was not at the address on that day.

**Edit 2**: thanks everyone for the comments. I appreciate all of the information.

Answer:
 >In fact, R, who is bad at life, signed for sister because she thought she was helping and didn't understand what she was signing apparently.

Yeah, R didn't sign for your sister because she thought she was helping your sister, she *knew* she was helping herself.  The fact that your sister was also named in the suit alleviates everything for R, including monetary damages and legal liability.


Title: Boss is trying to make me pay for unpaid customer tabs (restaurant server)

Question: [removed]

Answer: She can not make you pay for those open tabs. She  can ask you to pay for them and you can say no. Then she could fire you.


Title: Emotional Support Animal in a "no pet policy" townhouse

Question: A month ago, my psychiatrist recently suggested I get a ESA due to my depression and anxiety. I listened to his advice and got a puppy which has been more than amazing to me and helped in all aspects of my life. I am currently looking at places to live (CA) and found an amazing affordable townhouse/triplex. The realty group clearly states that it has a "no pet policy" which was a bummer to see. However, I recently found out that you can get past this rule by the means of an ESA which I already have. I am aware that they can't have prejudice towards my application but I fear they would just either ignore my application or say they denied me for some other reason. Could I sign the lease agreement and A. not tell them about my ESA until they have found out or B. alert them and show the proper paperwork after I have already moved in. Any information regarding this would be greatly appreciated :)

Answer:
 You need to give them the paperwork before the dog enters the home.

You can choose to do that after you sign a lease however, if they have some valid reason to reject an ESA you are stuck with the lease and no dog.


Title: [TX] Fired for breaking confidentiality

Question:
I was suspended Thursday pending investigation and got the call Friday that I was fired. They said I broke our company's confidentiality policy based on my LinkedIn profile. Here is a pic https://imgur.com/w5zLSBW of my resume section. They said because I had named Bauer and Urschel mills and Brabender that I was giving away company secrets, but these are industry standard equipment used. I have been with this company since it opened this past summer. I was given my position as a mill operator based on previous 7 years experience working for another peanut butter manufacturer. I literally went through no training as it was the same equipment used at my other job. I had to write the SOP, standard operating procedure, for my position because even management could not explain how to operate my equipment. I have not only done my job, but they recently fired two workers so I also help packaging and warehouse. I have worked on other equipment in production and constantly praised and been told that I would be moved up to a Lead position. I was taken out to dinner for my performance during our trial startup by a member of the corporate office. The plant manager knows my wife and his wife went to college with her too. I have no performance or personal problems ever reported. Early Thursday the supervisor asked me to finish up one of the last SOPs we were working on all week. I told him it was break time and he said we would do it real quick and then I could go to break. By the time we finished it was lunch. So I went to lunch and then they called me in. They asked why I posted it. I told them that if I knew I would get in trouble for it, I wouldn't have done it. To me it is industry standard equipment. Any company that makes any kind of nut butter is going to be using it and it only made my resume look more technical. I also told them that the supervisor looked at my profile Wednesday and I haven't used LinkedIn in over a year and recently updated it that night. So chances of anyone seeing my profile and gaining any information was very slim as I only have 4 connections in unrelated industries. After I got the call yesterday saying I was fired, no one would answer any calls or texts. I asked my supervisor why this was happening and got no response. I text the plant manager and asked why he didn't pull me in and have me just change it, write me up, or suspend me. Why he had to fire me. No response. I got a text from HR today saying I need to quit contacting them and if I continue they will contact authorities.

To me, breaking confidentiality would be giving away the formula or laying out the entire process from start to finish. There are no specifics or anything I can see that would hurt the company. I don't have a copy of the confidentiality agreement I signed but plan to get it Monday if they allow and also copy of the employee handbook I signed. What should I do? Does anyone think I have a case against my employer or would this be considered breaking confidentiality?

Answer: That's not illegal in Texas.


Title: Was followed by angry driver

Question:
Hey, this is my first time posting, and hopefully you guys can help me out. So here's what happened: I was driving home from the grocery store (this all happened about an hour ago), and it was a 4 lane road (2 lanes on each side), so I was in the left lane at the time. I came to a red light, kept driving, going about 5 over, so about 50 in a 45. I was behind someone in the left lane, and I needed to get in the right anyway, so I passed them, not seeing anyone in the left lane. So I moved over, and the car that was in that lane in front of me had just moved over too. So I was behind them, not really tailgating until they started riding their brakes. Suddenly they hit the brakes, maybe to show me to slow down or get off their ass, which at this point I was on because they had slowed down so quickly and it caught me by surprise. My road was coming up on the right so I had my signal on at that point, and they still rode their brakes for no reason at all because they were not turning right. So I turned and was just about to pull into my apartments parking lot, when right before I turn in, I slow down and see that car coming up on the left side of the road the opposite way, very quickly I should say.

They stop right next to me and at this point I'm stopped because I haven't pulled into my lot yet. This man in his 40s or so starts screaming at me, yelling louder than anyone has ever yelled at me before. I started to panic. My window wasn't even rolled down because I was so scared. So I just drove straight, freaking out that he thought maybe I lived there and would stalk me. I drive to the end of the street and intended to turn right to get away quickly. I look in my rear view mirror and see him turn around on the road, intending to follow me. Now I'm panicking. I turn right, stop at the stop light, and continue to drive straight for a minute or so. Then I come to a stoplight, about to turn left. I put my signal on and everything, then I see him pull up to the right beside me on the passenger side and starts yelling at me again. I was so scared I didn't even look over to make eye contact or acknowledge him. I have no idea what he said because I tried to block him out with my radio, all I heard was yelling.

So he turns right, I turn left. I drive for about 10 minutes, then finally pull into my lot and go inside my apartment. But now I'm freaking out because I'm afraid he might come and mess with my car. It's a pretty common car, but I have a distinct decal and front plate that nobody else in town has, so I feel like it could be easily recognized if you wanted to find it. I don't know if he got my plate number or not, I'm praying he didn't. But now I'm just a sitting here typing this and glancing out my window watching my car and making sure nobody comes up to my door.

What should I do? Am I in trouble? Should I call the police? I know I probably should, but what if he already called the police and reported me? I'm just terrified because I can't afford to do anything to fix my car or go to court. What would you guys do?

I'm sorry for the long post. And thank you so much in advance for any help you can give me. I'm not in my right state of mind right now because I'm paranoid, so I apologize for any typos or if any part of this doesn't make sense.

The location was in North Carolina. It told me to include my location.

Answer:
 In the future, drive to a police station. Don't just randomly go home.  Also really distinct decals and things that make your vehicle stand out are usually bad ideas.

I would just move on with my life.  If the person comes back, call the police.


Title: What's the difference between discrimination and legalising?

Question:
I'll use marijuana for example.

If a government decides to decriminalise all charges related to marijuana, how would that really be different from legalising it? Cause if something is decriminalised, it seems like people can't get into legal trouble over it. So people could possibly sell it, grow it, smoke it, etc. Or is decriminalisation usually more strict than any charges related to it... so people may not get in trouble for owning it/smoking it, but they may get in trouble for selling it?

Answer:
 "Decriminalisation" generally refers to a policy where personal use and possession is either fully legal, or is treated as a minor non-criminal infraction, like a parking fine. Production (other than perhaps small amounts for personal use) and supply remain illegal.

"Legalisation" generally refers to a policy where not only personal use and possession, but also production and supply, are fully legal, much like alcohol.


Title: Kicked out of my house, arrested for public intoxication in Kentucky, help!

Question:
 Yesterday my mom kicked me out of the house after she found me high on cough syrup. I was cited for public intoxication and kept in a drunk tank until the next day, all my stuff is still there and I cant contact her!

So it started yesterday late at night, my mother was still out and i was bored, so i decided to take two glasses of the stuff and ordered a pizza. I saw her car outside and went back to my room with my pizza and turned off the lights to pretend Im asleep, thing is, she has this terrible habit of coming into my room with no knocking or anything, i was already in bed and she opened the doors and turned on the lights.

Now I was tripping balls already so I reacted badly and she noticed, but she thought I was on drugs and started freaking out and shouting at me, then she grabbed me and physically removed me from the house! Now i know she cant do this like that, but i wasnt able to do anything in my state.

Next thing I know Im outside with the door locked and i start knocking there and shouting for her to open it to me. This went on for sometime and I guess the neighbors noticed and called the police, anyway I became tired and just sat in the front porch and started sobbing. Well I didnt know what I was doing but I got up and started walking slowly away from the house, thats when I see the sirens and they park just in front of me.

Of course I freaked out in the state i was and ran to the front door, I didnt understand what the sirens where they just scared me, so i ran to the front door and started banging and begging her to let me in. The police threw me on the ground and cuffed me. I was trying to tell them that i lived here and asking them to let me back in, the said that I was under arrest for public intoxication and was going to spend the night in the drunk tank.

So only in the morning I was allowed to call my father and he came to get me. Now at this point I only have the clothes i'm wearing and not my shoes. Anyway he had to be late to work to pick me up because the station opens at 8am, and I was late to school already too. They gave me a citation for public intoxication and "disorderly conduct" (bullshit) then he was able to take me to his house and said we were going to talk later, and he left for work. I slept the rest of the day until now.

Now I have those two problems. One they are charging me with a crime but its totally bullshit, because its not my fault, it was my mother who kicked me out of the house, i never wanted to be in public in first place. Two I left everything of value there, my notebook was there, my cellphone, my wallet with two credit cards (hers and my fathers) school ID and money, my backpack with some textbooks and the notebooks that i use in class (the kind you write on) and my only good shoes, because the ones i have at his house dont fit me anymore. I cant get in touch with her and I think shes going to try and keep my stuff, and my father is at work and I wont see him until late today. What can I do and how can you guys help me with? Im not at fault for those two charges, right?

Oh and it was my father who bought my notebook (computer) and my cellphone is on his plan too. Can she keep them? No, right?

Answer:
 >but she thought I was on drugs

You were on drugs.

>charging me with a crime but its totally bullshit, because its not my fault.

Unfortunately, doesn't matter.  The argument of "I don't want to be drunk in public. I want to be drunk in the bar, but they threw me out"  has been tried before, and does not hold up.  The fact the the police needed to tackle you when you were arguing with them reinforces the disorderly charge.  You are at fault for these charges and can look into diversion if you are a first time offender.  Contact a criminal defense lawyer to see what your options are.

>I cant get in touch with her and I think shes going to try and keep my stuff

First off, she can not legally kick you out without going through the eviction process.  She can keep things she has bought you, she can not keep things that you or your father have bought.  If she does not let you in the house or recover your things, you or your father can call the police for an illegal eviction.


Title: Birth control compromised

Question: (Florida) So, I have recently have been having a bunch of pregnancy symptoms (all that you can have) BUT I’ve been on birth control. Me and my fiancé did not want a baby at this time because we’re in a transition of moving and settling into a new place. My primary physician put me on macrobid, a antibiotic, that has studies with it saying that it can make birth control not effect or just less effective. Also, my physiatrist has me on mood stabilizers (oxcarbazepine/trileptal) because I was diagnosed with bipolar 2 disorder, which is a medicine that also has studies saying that it can make birth control not effective or less effective. I take my birth control at the same time everyday and I never miss a day and yes I do know there is a chance it could happen with just that. But, could I sue either one of my doctors or both if I am pregnant. Also, neither one of them told me that the medicine they gave me could compromise my medicine.

Answer:
 Your doctors didn't get you pregnant. They treated you for the reasons you visited them. It's up to you to make sure you don't get pregnant.Answer #2: So you *knew* the two additional drugs you were taking could interfere with your birth control, had sex anyway without additional birth control, and think your Drs are responsible for you now being pregnant?

Even when taken perfectly, and with no other drugs or supplements, BCP is only 99% effective - there is always a risk. And its always ultimately your responsibility to read the inserts that come along with your Rx's.


Title: Just finished my unemployment appeal. My employer "no-showed" at the hearing this morning.

Question:
My employer had initially argued that I had voluntarily quit my job to look for another, so I appealed the TN Unemployment Agency's decision to deny my benefits. This morning, my employer did not show up for the appeals hearing. I stated that I was definitely fired, and did not voluntarily quit.

What happened was that I came back from lunch, and without warning,  2 of my bosses immediately asked me to go into their office. There was a resignation form on the desk, which I refused to sign. One of them said "sign it or you'll regret it." I refused. I asked if I was fired. He said YES. I asked to grab my things, and left.

Any advice? I'm feeling somewhat upbeat right now, but I know how these things can go. Any reply would be greatly appreciated, thanks.

EDIT: UPDATE! DECISION WAS REVERSED IN MY FAVOR! FTW!

Answer:
 Even if your employer showed up, if the facts are as you describe then you did not quit and should not be denied for that reason. That they didn't show up is just gravy for you. Remember to make all your claim reports and keep a log of your job seeking efforts. Good luck and hopefully you won't be on unemployment long.Answer #2: As far as unemployment benefits is concerned, they have abandoned their appeal buy not participating.

In IL this is all done by a phone conference call. If TN requires personal attendance, that's okay too. The point is if you appeal or start any type of legal action you have to show up.

You should be certified for benefits.

Good luck with the job searchAnswer #3: I don't know if the practice is the same in TN, but in many states, the party not showing up for the appeal is basically the "death knell" for their case.

I would say you have a very good if not totally assured possibility of winning.


Title: Posting for a friend who can't figure out reddit, he is being extorted and could use some advice.

Question:
Florida, USA

An unknown person (possibly has been identified by my friend through emails and facebook) is demanding $600 for his silence. He is posting my friends phone number in "Men seeking Men" craigslist adds, harassing his mother and father and girlfriend demanding the money, and leaving bad reviews with the same harassment for money at the business website his father owns and he works at. The person has sent out friend requests on facebook to my friends family and friends, assuming to harass them as well to get the money from my friend. All the emails and texts coming from this guy are through craigslist emails, fake facebook accounts, and disposable cell phones. The police won't do anything unless he makes a threat with violence. What can he do to deal with this?

Answer:
 In general, you have three options when dealing with extortion:

1.) Pay the money.  This might work but usually just results in them asking for more money forever.

2.) Ignore them and wait for them to go away.

3.) Contact the police.

I don't know which one I would choose, but I know which one I wouldn't choose.  ;-)

When "your friend" contacted the police, did he tell them about the extortion, or just the harassment?


Title: Can I use my left over Student loan money for MTG?

Question:
U.S.A, NY

MTG is a card game called, "Magic: The Gathering"

Edit: To clarify: **I am trying to becoming a competitive player so having the extra cash can help me get the deck and any other expenses, like traveling. I don't really want to continue college. I would rather take a year off and try to achieve in MTG and see how far I can go and then decide to go back if it's the right choice at the time.**

Second Edit: **It seems like a lot of people are against the idea of using my loans to use for MTG. I have a job right now so, would the best option just to be to save up? I am doing so now but it is just not enough money. I want to play as much Tournaments as possible!**

What else can I do to get the funds?

Answer:
 Are you talking about Federal student loans or private student loans? Federal student loans can be used to pay for education-related expenses only. When you sign the FAFSA (Free Application for Federal Student Aid), you agree to use the federal and/or state financial aid you receive to pay the cost of attending an institution of higher education only.

For private student loans, you'd have to look over the specific terms of the promissory note you signed.

EDIT: In response to your edit, I recommend you post on /r/personalfinance


Title: Landlord doesn't like me having guests. Wants to increase rent

Question:
My freind and I rent out a 2br section of a house. (a house divided into 3 units, pretty sure they don't have permits for this)

We're in college and often have people over to study. We're in engineering and often this leads to having our study freinds overnight and we leave to school together in the early morning as we usually have to study or build project or things of that nature.

My landlord doesn't like this and wants to increase rent by $100 because they insist the study freinds are living here. My house is the closest to school so it is convenient to find here when the library closes.

The lease lists 2 people as tenants and does not mention anything about guests. I have insisted my freind is just a visitor and that this does not warrant a rent increase.

The lease is 3 months into a 12 month agreement.

Is there anything I can do, I don't want to illegally get evicted or have my rent illegally increased. I have seen online that it is illegal in CA for a landlord to dictate when a tenant can have guests.

What can I do or what can I tell the landlord so they can stop messaging me?

Answer:
 Communicate with the landlord in writing.

Tell him that you have reviewed your lease and see nothing that prohibits overnight guests or allows him to raise the rent if you have overnight guests. Ask him what in the lease he thinks gives him the right to increase rent before the end of the term.

Keep paying the rent you agreed to in your contract. Answer #2: >The lease lists 2 people as tenants and does not mention anything about guests.

Re-read your lease, if it truly has no restrictions on guests then your landlord can't create a new clause without you signing off on it. If they have a problem with guests, they'll need to remember to add a clause unto the next lease for the place (or it may be added to your renewal after the current 12 month term). However, in the meantime you're only bound to the terms as listed on your current lease. Answer #3: Many Universities have student legal aid.  If your University has this you can take your lease in to them and get their opinion.


Title: Can I force a company to adhere to an advertising "gimmick"?

Question:
My guess is no, but I figured I'd tell my story here and see what you guys say. A roof salesman who works for a large company came to my home to try to sell me a new roof. After a 50 minute sales pitch, he gets around to touting his special underlayer, what they use in place of tar paper. He says it is indestructible and if I can tear it, he will give me the $20,000 roof for free. I say, "deal." My wife smiles. He hands it to my kids and wife in succession and they can't tear it even a little. Well, I'm kind of big, and probably stronger than I look, and I don't look weak. When it gets to me, I tear it in half with really minimal effort. After three minutes of shocked stuttering, he tells me he was "just kidding." It was actually pretty funny and reminded me of the scene from Napolean Dynamite. Anyway, my question is, do I have any recourse to make his company honor his "joking" promise?

Edit: Sorry locationbot, I'm in DE, USA

Answer:
 I mean you can try. You can sue for almost anything. If he is advertising an indestructible product, and he will offer to pay you for its destruction then he is an absolute idiot.

EDIT: If you had purchased a roof on the assumption of durability, and then you found out that the under layer could be damaged, you may have a case. Since you didn't buy a roof I would probably just drop it. Answer #2: In my humble opinion, that sounded like an offer which you accepted and performed.  "Just kidding" is only an excuse if objectively looking at the offer a reasonable person would think it was a joke.  It didn't sound like a joke to me, and I'm usually somewhat reasonable.  Hire an attorney is my advice.

Edit: changed subjectively to objectively Answer #3: This feels like an AF joke for lawyers. If you look up the Carbolic Smoke Ball case, the facts seem almost identical.


Title: Is there anything I can do to ensure my safety?

Question:
*Just for context, I’m a 16 year old spanish trans girl that recently got out of the closet, again.*

So, I decided to come out a long time ago (almost two years now), my parents responded in a way that I would like to forget and I’m not comfortable sharing (everything except physical violence), that forced me to “get back in” for some time, and after what has possibly been the worst time in my life I decided to come out for real, I just can’t take it anymore, my dysphoria is too strong.

They responded badly, refusing to speak to me at first, and getting angrier at me as time passed. According to them, I ruined their lives, their image would be destroyed if their kid was a “fucking tranny”, and countless more insults/shamings...

The most recent thing they told me is that if I were to transition they wouldn’t pay for my education, and since I live pretty far from the closest university, that would include not paying for a roof over my head, food or clothes.

That isn’t even the worst part yet, considering how things are escalating, I feel that my physical health might be at serious risk.

Does any of you kind redditors know what should I do in my situation? What legal actions can I take to ensure my safety? Is there any organization that can help me? Is there any way I can at least make a living by myself as a 16 year old with only a high school diploma?

Thank you in advance for your time
Topic:
Non-US

Answer:
 Are you currently in Spain?

The tag implies you're not in the US. We need to know where you are in order to help.


Title: Guy is threatening to file a lawsuit if I don't take down instagram photos on sport fan page

Question: I have a fan page for a pro sports team on instagram. I post photos of players of past and present that I find on google. The man contacting me is apparently the photographer of some of the photos and has threatened a law suit and is leaving comments all over my page. He's saying I have a to delete the page or else. Do I have to listen to him? What are my options?

Answer:
 If you didn’t take the photos you don’t own the copyright and you can be sued for using them.  He may or may not actually do it, but if he does he would likely win and you would be liable for whatever damages can be proven.  Up may also find yourself facing DCMA takedown notices if you don’t take them down.Answer #2: Maybe it’s off-topic, but how exactly do you think photographers make a living? As someone whose income comes in part from taking photos, I guess I find it amazing that people think they can just take someone else’s work.

IANAL, but I don’t think he can force you to take down the entire site. But he can sue you. And if he’s friends with any of the other shooters whose work you’ve stolen, he can and should contact them and encourage them to demand you remove their content or face legal action.


Title: I received a parking ticket even though the meter read "complimentary parking"?

Question: I received a parking ticket on Friday in downtown. the spot I parked in read "2 hour parking Mon-Friday 8am-5pm." It was after 5 when I parked. I went to the meter, inserted my card, and the meter read "complimentary parking". I came back to my car 1 hour later and had a parking ticket on my window. is it possible to appeal this? or did I violate parking laws? I do have a picture of the meter. (I am 16 and don't really know much about parking laws, sorry if this question is dumb) (N.C, USA)

Answer:
 It's not dumb kid. You just discovered early on that government is full of incompetent jackasses. And when they do asinine things it's your duty as a citizen to call them on it. An incompetent idiot wrote  that ticket. They shouldn't get away with it.

There should be an appeal process written on the ticket. Please appeal it and be polite. Your defenses are the complimentary sign and that it was issued after five. Hopefully you will get someone quickly who has enough brains to dismiss it right away. If not, go as far as you can. And don't be intimidated. You deserve better from your government!Answer #2: Yes, it's possible to appeal it and you should. Depending on your location, the procedures for doing so will change.


Title: California; Rolled over person on major freeway fast lane post initial accident - alive or dead status unknown.

Answer:
 If you were driving at highway speeds hitting a person in the road would be a lot more violent than "like a speed bump."

You need to try harder troll. Answer #2: Get off the internet, edit this to a period, delete the account, and get a defense attorney to help negotiate a statement with the police.

This isn't an Internet solvable problem. It never is when victims die or suffer serious bodily harm. Answer #3: I'm not a lawyer, but why the hell did you not pull over? Anyone reading this, you ALWAYS pull over when you hit something like this.


Title: By law is there any way I can keep these bank error refunds?

Question:
[TL;DR] At Bottom
My card got declined 4 times trying to buy $3.30 cookies and get $50 cash back yesterday . Turns out all of Wells Fargo banking was down. Today I get “refunded” for all 4 card declines, the confusing part is that I was never charged for anything I pending or authorized withdrawals. The “refunds” total to 4  “PURCHASE REFUND”(s) @ +53.30 each. On there website there is an alert that reads “We are aware of issues with some pending transactions and are working on a resolution. We apologize for the inconvenience.” But my transactions are not pending they are all authorized transactions. Does this mean I get to keep it? It is a bank side error but it’s also authorized so it’s in my available balance. Is there any way I can keep this and if I do not report it does that hurt me in any way legally ect Any thoughts?
[TL;DR] Yesterday I owed $53.30 at grocery store, I tried paying with Debit card but it got declined 4 times, so I did not purchase anything. Got refunded 4 times @ +53.30 each this morning, the transactions Are not pending they are authorized. but there is no pending or authorized withdrawals for the $53.30 meaning I got $213.10 free. Any thoughts?

I know they will take it back but do they have to do this by a certain time? Ect

Answer: There is no way to keep this money. There is no such thing as a bank error in your favor.Answer #2: That money is not yours. You may not keep it, you may not spend it. You need to contact your bank in order to straighten it out. Once they realize what has happened, they will take that money out of your account whether or not you've already spent it. So yes, keeping it means you *will* repay it, plus possible penalties.


Title: [VA] What happens to the property (real estate) you paid / paying for before the marriage and then there's a divorce?

Question:
[deleted]
Topic:
Real Estate law

Answer:
 Make an appointment with a lawyer about getting a prenuptial agreement.

Also, speak with your SO about this. Answer #2: VA here - you have two primary things to do.

First, get a prenup. Prenups are valid in VA, they don't require consideration (though promise to marriage is sufficient consideration), and they will be enforced if you meet all the formal requirements for them.

Secondly, you need to do more than simply maintain separate property. You should make sure your accounting of how the houses are paid for, etc, is very clear. As you already understand, so long as you use only your assets to pay for the houses, you'll own them.

Now, things can get more complicated - if you wife lives in one of the houses, even if she doesn't own it, she may gain some rights. For instance, if she contributes to the maintenance of the house, she has contributed value (e.g., cleaning, yard work, paying for fixtures, etc), thus potentially giving rise to claims. Likewise, in the event of a divorce, the court could require that you give her access to the house for a period of time, etc. You also won't be able to enjoy the protection of homestead laws in VA, because you won't be joint tenants.

What I've written is a very, very general overview. You will need to consult with a family law/divorce/domestic affairs attorney in VA to protect yourself and to have your prenup drafted. As another poster commented, you need to talk to your potential spouse about this as well. Dropping a prenup on someone can be very... unpleasant if they don't expect it.


Title: My wife got fired for being transgender in CA a year ago. The job regularly stalks her and uses her mom’s job there as leverage to keep her quiet. She doesn’t care anymore and wants to seek legal action anyway. What are her options?

Question: My wife is an MTF trans woman. We now live in Nevada if that matters. I want to know what we can do about it. Basically her old boss found pictures of her dressed up as a woman (at the time working this job she was cross dressing as a male) called her into the office and humiliated her and fired her. They also prevented her from getting unemployment and made her lose everything. Please give me any relevant advice you can.

Answer: When was this? How many people worked there?  If it wasn't too long ago and they had more than the minimum employees, she should file a claim with the EEOC and attempt a Title VII claim. In some circuits trans people are covered under the sex based protections.


Title: Location: FL, USA. My boyfriend dumped me this evening. Christmas gifts for my family (along with reddit exchange stuff) were shipped to his house. All packages have my name on it. He says the stuff is his to do with what he wants and that I can't have it. Is this true?

Question:
Is there anything I can do to get my things ($300+ in value).

On another note he owes me around $500 (lent over the last year) that I have lent him for things ranging from video games he wanted to helping pay his water bill. I figure that I will never get back, but is there anything to do about the rest?

Thank you so much for the advice. I can't afford to replace all the gifts and things. Thank you.

EDIT: I have tried to call and text to agree a time to meet in public or for me to come to his place to pick up my things. He just curses at me and says they are his because they were shipped to his house.

EDIT2: He had my consent to open two of the packages. I knew I wouldn't be able to get to his place til Sunday so I asked him to open them and send pictures. He had my consent to open two, obviously now that we broke up he no longer has that permission. I think that might make a difference. I never expected my boyfriend of 3 years (four next month) to dump me.

EDIT3: He says if I come he will call the police for tresspassing and throw my things in the trash compactor.
Topic:
Other Civil Matters

Answer: Contact to the police. I'm pretty sure it's a felony to open a letter/package that doesn't have your name on it.Answer #2: Were they shipped via USPS or FedEx/ups? Opening mail delivered via USPS is a felony. The other stuff? Not so much. That becomes a matter of convincing the police it's stolen. They may call it a civil matter. Your recourse there would be to sue him in small claims court for the cost of the items + filing fees.


Title: One illegally parked car backs into another illegally parked car. Who is at fault?

Question:
My gf and the one who hit us are both Chinese tourists/students. We park at the entrance of a small shipping center in a mostly empty parking lot twice a week to send stuff to her family. It's a busy place for Chinese drivers and sometimes you can find more than one illegally parked car in front on the shipping center. The owner doesn't seem to mind.

This is in San Diego, CA.

Anyways apparently the car ( *also parked illegally* ) in front of us backed into my gf's Jeep while we were inside the shipping center. She came inside to confess her mistake and we took her information.

We want to get the bumper replaced (we want the official Jeep bumper, which is what we've lost, not something the insurance gets cheaply)

but the lady that hit us (Can we just call her karen?) doesn't want to pay for the official Jeep bumper and insists that insurance will get something cheaper.

Additionally Karen feels that because we were both poorly parked then we both share equal blame.

However according to['last clear chance'](http://attorney-myers.com/2012/11/backing-into-illegally-parked-car/) I am fairly sure that the stationary car carries no financial responsibility in collisions.

Can anyone help me sort this out? I'm just the American boyfriend trying to earn more boyfriend points.

Answer:
 The car that struck the stationary object is at fault.  Just because the object someone hits was illegally parked does not absolve them of responsibility.

Your gf can go through her insurance and they will work it out with the other driver and assign fault.  The other driver's opinion is irrelevant.


Title: Richmond, VA - I was arrested for a DUI, but was not driving.

Question:
Hello,

I was arrested early this morning for a DUI in Downtown Richmond, VA after leaving a friend's birthday party.  My buddy, the designated driver, proceeded to drive me back to my house, but had to stop at the gas station to fill the tank and get something to drink.

He left the keys in the ignition (my eyes were closed, ignition was not turned on), and seconds later, a police cruiser enters the lot and takes notice of me in the passenger seat clearly out of it.  He told me to step out of the vehicle and and inquired as to where I was coming from, did I have anything to drink, etc.  At this time, my friend came back out, and immediately told the officer that he was the driver and that he was simply running in to the shop and out.  I did not answer any questions and refused to do any field sobriety tests (best friend is a criminal defense attorney in Pennsylvania.).

It didn't matter.  To make a long story short, I was arrested, taken back to the station, and had to submit to a urine test. I was not given any type of score, only a bunch of paperwork.

I am absolutely terrified and don't know what to do.  I am a third year dental student and am afraid that this will ruin my future and deter me from continuing.

Is there anything I can do??  Thank you!

Answer:
 A criminal defense attorney is going to eat this case for lunch.  Not only because it would be the best opening argument ever:

"Ladies & gentleman of the jury.  Today, the state inconceivably asks you to find my client guilty for being responsible and doing the very thing the law required of him -- having a designated driver take him home."

But also because the law seems to make it clear that this isn't operating or being in physical control of a vehicle (assuming the state of the law hasn't changed from my whole 2 minute search of it).

Quoting from [*Leake v. Commonwealth*](http://caselaw.findlaw.com/va-court-of-appeals/1238387.html):

>We discern from these decisions that an accused's presence in or about a motor vehicle when arrested is insufficient, standing alone, to prove that the accused had “actual physical control” of the motor vehicle. ...   This principle applies even when the evidence proved that the accused drove the vehicle to that location at an earlier time.   ...   The Court's decisions imply that presence must be coupled with some other contemporaneous circumstance, such as the following:
>
>moving the vehicle from one place to another, ․ [or] starting the engine, or manipulating the mechanical or electrical equipment of the vehicle without actually putting the car in motion ․ [or] engaging the machinery of the vehicle which alone, or in sequence, will activate the motive power of the vehicle.


Title: Is it legal for a parent to make their child (a minor) pay rent or be forced to live with another relative? This is in the US

Question:
I’m not asking for myself but rather for a close friend. She is 16 and her mother forces her to pay for almost everything, gas, food, now rent, insurance. Yet her brothers steal hundreds of dollars from her and her parents do little to stop that. So she clearly doesn’t have the income to support this.
What I’m really here to find out is, is it legal to force your 16 child to pay rent or kick them out to live with their aunt and uncle if they refuse. For reference this is in the US.

Answer:
 I'm sorry she's dealing with this. The answer is a little complicated...

1) Parents are legally required to provide housing, food and clothing for kids until they're 18. So they definitely can't kick her out. If they were to kick her out she can immediately contact CPS:
https://dss.sd.gov/childprotection/reporting.aspx

2) Kids often worry about having to leave their school if they can't live at home. Good news about that is that rhe Mckinney-Vento act now requires all school districts to have an office established to help kids stay in their school even if they need to move to another home, foster care or a teen shelter. Her school should have a coordinator but if they don't, she can call the hotline:
For assistance with an issue related to the education of a child or youth experiencing homelessness, contact the NCHE homeless education helpline toll-free at (800) 308-2145 or homeless@serve.org. Assistance is available in English and Spanish. | Ayuda está disponible en inglés y español.

3) I'm afraid her parents can take her belongings and her cash- you need an adult co-signer on your bank account until you're 18, and they're free to drain the money. The only way to protect herself from that is to take payment in prepaid visa cards or cash, and store it with a trusted friend/friends parents.

It sounds like her parents are difficult, if not boarderline abusive. She should reach out to as broad a range of people as she can for help. It may be that living with friend's family or extended family would be safer. Some resources to talk to include:

- South Dakota teen crisis text line
https://www.helplinecenter.org/suicide-and-crisis-support/high-school-texting/

- Her school teachers, nurse or counselor

- 1-800-Run-Away. They provide resources and legal advice to kids who are running away or at risk
https://www.1800runaway.org/youth-teens/


Title: Recording a conversation when a party explicitly asks not to be recorded?

Question: [deleted]

Answer: In a single party consent state, if one party consents it does not matter if the other party doesn't consent.


Title: An image of me is being sold as stock without my permission, the company hasn't responded to inquiry. What can I do?

Question:
I was 16 at the time, and was attending school at the time when a reporter for the regional paper came in to do a story on our class. She brought a photographer who took photos around the class as the lesson went on, and then they left. Then they published an article with a photo of myself in it, without asking myself or my parents (remember I'm 16 at the time).

Fast forward 11 years, and I stumble upon this image on a popular stock website. The image of me is being sold as a stock photo. It's not a photo of the classroom that I happen to be in, it is a portrait shot of myself and another student (17 at the time) reviewing material. I never agreed to have my photo released, much less I never agreed to have the rights of my photo release transferable via license.

Answer:
 Just because you appear in a photo does not mean you have rights to that photo.  The person that took the photo holds the rights to the photo, and it would be considered "their photo."

Your age at the time is likely irrelevant.

Now as to whether or not the selling of a photo you appear in violates your likeness rights or some such thing, that might depend on what state or location you're in.


Title: Bought fake gig tickets from someone on Facebook

Question:
I fucked up. My friend and I were desperate to go to a sold out gig in London last night, and in desperation I turned to the Facebook page for the event. There were loads of people on there selling spare tickets as they couldn't go, and in my moment of desperation, I offered to buy some random girls tickets.

The tickets were originally £30 but I bought two off her for £40. Did a straight up bank transfer to her account, and she sent me the tickets. Got to the gig, the box office lady took one look at them and instantly said they were FAKE. My mate and I were gutted, but by a stroke of good luck the bouncer took pity on us and let us in anyways.

In anger, I messaged the girl on facebook just sort of venting my anger at her for ripping me off, and she sort of just laughed and said "Thanks for the cash", and then blocked me. In the morning I contacted my bank and they said they can only retrieve the money if the funds haven't been withdrawn from her account. I'm faithful, but aware it'll probably not work out in my favour.

I'm just wondering if theres any point going to the police to see if they can track her down or something lol. It could easily be a fake account as it was made literally this month (Which we are only one week into), so I am just in need of some guidance, or some reassurance I've done all I can.

I understand I was foolish in the first place to even buy tickets over Facebook, but the deed is done and I appreciate the help.

&#x200B;

Answer:
 > Got to the gig, the box office lady took one look at them and instantly said they were FAKE. My mate and I were gutted, but by a stroke of good luck the bouncer took pity on us and let us in anyways.

You got into the show anyway. If I were you, I'd chalk this up to a life lesson that didn't cost you anything. Many others aren't so fortunate.


Title: My friend got caught with drugs

Question:
my friend is 16 and the feds searched his house and found a gun, LSD, weed and wads of money (he was selling). I don’t know too much about this, but he is in jail rn.

What will his punishment most likely be for having all these things and distribution?
Topic:
Juvenile and Youth Law

Answer: He needs a lawyer asap because those charges come with years in prison.


Title: [Florida] Boss told me he cant afford to pay me for this coming paycheck. What do I do?

Question:
Hello,

My boss informed the office staff today that the company does not have enough money to pay us our salaries this coming paycheck. What can I even do in this situation?

Answer:
 Update your resume.

When they miss your paycheck you could report them to the ~~florida~~ department of labor and start an unpaid wage claim.  They then have 15 days to rectify the situation before you can take them to court.

However, this isn't going to put enough money in their account to pay you, and it's certainly not going to make your boss happy.  Unfortunately, there's not really any way to make payroll money appear before your next paycheck.Answer #2: Unless you believe that prosperity is about to return to his business, the correct response to "I can't afford to pay you" is "I can't afford to come here for free", followed by a wage claim, and an unemployment claim based on "constructive discharge"  (He didn't tell you that you are fired, but he created circumstances that make it impossible or unreasonable for you to keep showing up), and a job search.  Remove any of your own tools (etc.) from his possession and/or jobsite before you tell him that you history.


Title: Needing some advice on upcoming annual Child Support negotiations. [Texas]

Question:
My child support “negotiation” is set for next month, and since I’m non-custodial at this current time I got to keep my daughter the whole month of July, I realized how much she could use a stable household during this time. And by stable I mean simple stuff like having actual bed times, cleaning up after herself, brushing teeth, eating good, healthy foods, participating in youth club activities, and not just sitting in front of a tv screen or a phone, these are all things she is not use to doing since these are not enforced at home. I know her mother loves her, but there is certain things a child should be taught to do, and experience. But unfortunately it seems as if her mother is stuck in this “I’m going to be the awesome parent and let her do whatever she wants” phase. On top of all this, I miss my daughter. I only get to see her every other weekend, and I can tell she misses me too. She has said on many occasions “why can’t I do one with you, one with mom, one with you, and one with mom.” My daughter even realizes that she doesn’t get enough time with me. I have never missed a child support payment, I am completely current and have never done anything to rock the boat. I want 50/50 custody, I called he child support office to ask about how do I go about starting the request process, and I was told. “Sorry, I cannot advise you.”
Topic:
Custody Divorce and Family

Answer:
 Child support and child custody are separate.

If you want to modify child custody then you will have to file a motion with the court to modify the terms of the custody agreement.  You can do it yourself but you really should have a lawyer.

Once you get custody modified you can get your child support obligation modified.


Title: Travel agency tricked my girlfriend into purchasing a non-refundable $1400 package.

Question:
We are in Canada. A legit travel agency from Mexico tricked my girlfriend into purchasing a non-refundable travel package. We recently immigrated to Canada and are still not financially stable.

The sales agent said that she can make a reservation (which she did) then have 30 days to cancel without getting charged. She cancelled a few days after the conversation but they still charged it on her credit card anyway.

I spoke with the agency and had it investigated. Turns out the guy who tricked my girlfriend wanted to make an easy sale and is currently suspended. They are offering a refund but only for half the amount.

They tell me that they have a recording of the conversation of my girlfriend agreeing to purchase a non-refundable package but I was also told that a cancellation can only be made within 24 hrs which was not discussed in the conversation. They also have a recording of the sales agent giving her false information leading to the sale.

I'm not sure how to proceed with this but I am trying to get a full refund if possible. Any advice is much appreciated!

Answer: Your gf is bound to whatever she signed. If it says non refundable then you should really consider taking the partial refund.


Title: Convenience Store Work- No breaks and forced lotto payments by employees.

Question:
I work for a franchise 711. Well our store owner does not give breaks. We all pretty much work 8 hour shifts with the exception of our cooler, coffee, and ordering people. Im wondering the legality of this- if it helps im located in Maryland. Our store owner also frequently pays people under the table for cooler work in between having an actual employee. We all make minimum wage.(one person has been there well over 15yrs and only seen a pay increase whenever minimum wage went up)

My second inquiry is we have a lottery machine, at anytime if a customer asks for something, we print it out, and they say its not what they wanted WE have to either sell it or pay for it by then end of the shift. I had a customer ask for a $20 powerball so i gave him one and he said "i dont want this i want 10 $2 tickets" so i was stuck with a $20 ticket that I HAD to buy because no one would buy it. I went through the same deal at a different convenience store that i worked for before i quit to come to 711. I feel as though it isnt right but im not sure if its illegal.

I love my co-workers as well as lower managment its just the owner of the store that makes these rules is insane. I dont want any issues to fall on my store manager, and im leaving the store soon for a better opportunity. I needed clarification because a good friend works there (and plans to stay) and i dont want her taken advantage of.

Answer: What happens if an employee is too young to buy lottery tickets? In that case, the boss is selling the rejected tickets to an underage person - and can face fines for that (in addition to being barred from selling lottery tickets).Answer #2: You can try contacting your state's department of labor and lottery / gaming commission. 7-11 corporate might be interested in it also, as they have a lot of rules that their franchises have to follow. OSHA may be interested if employees are not getting bathroom breaks.


Title: Immigration help Husband wants to send his wife back home

Question:
Edit: She is in California America.
Short version:

A work friend has ben married and in America for 2 years.  Her and her husband have been rocky for the last 6 months, it sounds like.

He decided he wanted to move back to thailand and she doesn't want to go because she want's to be in America and going back for too long she'll lose the progress she's made towards her 5 year citizenship.

Because of this fight she went out to drink and chat with friends and when she came home he accused her of cheating, said he want's a divorce, and is going to put her on a plane back to thailand in 3 days.

I know she want's to stay in america.  I know she'd prefer to solve things with her husband but she doesn't want to get just "shipped back" to thailand.

Does she have any options or is she pretty much at his mercy on this?

I told her she needs to sit down with an immigration lawyer, but with a 3 day timetable and her being kind of submissive, I feel like I need to give her some hope, to encourage her to seek solutions.

Answer: what's her immigration status in america?


Title: How can I get my stuff back from my colleague without suing him? [Austin, TX]

Question:
My Grandpa was WW2 veteran. He had many medals, which I kept as memorabilia. Now, my colleague's Grandpa was visiting him from UK. He told me that he is also WW2 veteran from UK Army. He was excited to show his grandpa US army medals dating back from WW2. He asked me if he could borrow them for 2-3 days. I agreed.

Now it's been over 15 days and still he isn't returning them. He is just giving me false excuses. I am not sure what to do? I don't want monetary value, but I just want them intact. They have historic value and one of a kind medals. I cannot buy more of them with money.

Answer:
 Call the police. He has stolen your property. It is as simple as that.

Is he still in this country? Is he still in Austin? If so, call the cops.


Title: I lent my girlfriend my car and she caused an accident

Question:
According to her, nobody got hurt, the damage was minor. Damage to my car was just the headlight. And according to my girlfriend, the other driver wasn't hurt.
She was driving downtown in a small town in South Texas
Now, I got a call from my insurance company that the other party submitted a claim. What can I do?

Thanks in advance

Answer:
 >What can I do?

Cooperate with what they ask of you. Don't lie


Title: [Maine, US] Custody dispute between unmarried mother and father. Does father have parental rights?

Question: [deleted]

Answer:
 When you say "takes the child away" - what do you mean? Courts don't usually like it when infants are taken away from the mother, *especially* overnight. Answer #2: The fathers name is on the birth cert so he is the father until a court says otherwise.

I assume the mother gave the child to the father and he didnt just steal the kid. If the mother gave him the child then she cannot go and force the father to give the child back. She can file for custody.


Title: Does being "off the clock" waive any liability an employer has to an employee's actions?

Question:
Say an employee of a company is told to drive a few miles away to get some office supplies, go to the bank, post office, etc., and the employee gets into a car accident on the way. Does it make a difference if the employee clocked out before leaving for these errands?

Also, would it matter if they were driving their personal vehicle or a company vehicle?

My employer is asking employees to clock out when they leave for store errands and clock back in when they get back. They claim it's for liability reasons. Is this legit?

EDIT: Sorry, to clarify: We are still being paid when clocked out. Clocking out serves as a purpose to keep track of how long we are gone and said liability.

I am in Michigan.

Answer:
 1. No, that does not extinguish their liability.

2. They are required to pay you for work, including running errands on their behalf. Which means that they shouldn't be asking you to clock out.


Title: (CO) Moving out of house share, afraid of how roommate will take it. No lease.

Question:
My husband, dog, and I moved to CO on very short notice for our work. We found an affordable house share last minute and moved in. We rent from the homeowner - a single guy, recently divorced, shares custody with his daughter, works nights. He lives upstairs, we live I the basement. We share a kitchen, laundry, and entrance.

It's been 3 months and an affordable place closer to work just came online. My husband is going to look at it today and hopefully get us in!

We want to move 1) because we'd like our own whole living space. And 2) our housemate (owner) makes us very nervous. He works until evening, comes home and drinks a lot (6+ beers plus 1/3 750ml, yes we monitor it), and passes out on the couch with the TV blasting until 5am when my husband or dog usually wakes him up. He is very angry and emotional towards his ex, his daughter, and even us sometimes. We're not really sure what triggers him but he seems on edge all the time. He gets his feelings hurt when we don't want to hang out and berates his daughter constantly in front of us. It's very awkward and getting scary.

We did not sign a lease, despite my efforts to have him give us one, he just never followed through. I submitted 2 renters applications that stated we were looking for a 12mo lease but again, no lease ever came.

We are prepared to give him 30 days notice and pay him pro rated rent since we plan to leave in the middle of a month. Ex. we paid thru Oct. but will give notice Oct. 10, so pay pro rated for Nov. 1-10.

I'm here asking for advice on how to tell him, if we run into any legal issues, and anything else you can think of. Thank you for your help.

Answer: If he accepts the pro-rated rent for Nov, that's great. However you typically would be responsible for the entire next month. If you provide notice on Oct 10, then your month to month tenancy would terminate at the end of Nov.


Title: if you use gun in self defense, does the moment you reload change it to murder?

Question:
discussing with a friend of mine over guns.

my cousin(and some people who work at a shooting range) told me that in a self defense scenario, such as someone breaking into your home, and you were to empty your magazine into them, there wouldn't be a problem. the moment you reload however, it changes into murder, regardless if you fire a shot after.

my friend calls bullshit on that, but I don't know if it's a different state kind of thing.

I live in Florida btw.

anyone mind clarifying?

Answer: No, there is no per se rule anywhere in the United States that reloading a weapon rules out a self defense claim.


Title: (CA) Is a signed adoption paper at an animal shelter legally binding?

Question: Adopted a cat from a local Animal Shelter, I paid for the animal and signed the paperwork so I am now the owner. The signed paper in question was a pledge I guess? It stated if I adopted this animal I cannot have it declawed (which is why I'm asking), I cannot put this animal up for adoption through any other shelter it has to be theirs, etc... So is this signed paper actually binding even though I'm now the legal owner? Can I not declaw the animal since I've signed this paper, can I legal trouble?

Answer:
 An “adoption” is a sale, you signed a sales contract with conditions. Many rescues have had success enforcing them. General advice- don’t sign a contract unless you are going to abide by the conditions. Even if you didn’t have this contract, there’s a growing number of municipalities with laws prohibiting declawing.Answer #2: Do not sign an adoption paper (or any other legal document) if you do not intend to uphold it.Answer #3: It's a contract, not just a pledge, and it's usually upheld in court

Just trim the cat's nails periodically. Less legal hassle


Title: [CA] How to avoid prize wheel from falling into the category of an "illegal lottery"?

Question:
Hi, /r/legaladvice
I sell crafts, and I have a prize wheel that I want to use alongside my crafts. Since every spot is a giveaway from my stock (there's no "losing" or empty slots), and to avoid lines (I am not allowed to have queues in front of my table), I was hoping to have it so that people that would purchase $___ amount of stuff had a chance to spin the wheel.

From what I understood of the law, it said that for a giveaway to be considered a lottery, a winner had to be chosen by chance. However, since everyone that spun the wheel would be a winner, would it still constitute "winner chosen by chance"? Wouldn't it be the same as paying for a mystery bag or box, knowing that you would get something inside?

If that is not enough, would I be able to get by visibly stating "no purchase necessary" and having an alternative method of getting an opportunity to spin the wheel- like asking for and filling out a form (like a lot of other contests I've seen in the past)- so long as everyone is only allowed one spin?

I really want to make this work, and I'd appreciate any help I can get. Thank you!

Answer: My understanding is that as long as you have a free alternative to play, then you are OK. The form should be fine. This is how most major businesses do it.


Title: An [ex]Junkie Always Pays His Debts. [Louisiana]

Question:
I am a recovering heroin addict who is thankful to have survived.
I have really turned my life around by stopping my drug and alcohol use, getting in shape, and working a 9-5 professional well paying job. I understand that "get a lawyer" isn't just a catchphrase on this sub - you guys really mean it. Even so, I am curious about if I might go to jail for my charges or if it will usually be resolved with a hefty fine, etc. I will clarify my questions at the end of this post, first - what I did:

* I got a speeding in a school zone ticket which I ignored
* I got pulled over again and my license suspended. I was given a court date.
* I ignored the court date. I now have a warrant.

I was stupid, I am contrite - I want to pay my debt to society. I know that you all can't tell me what the future holds, but maybe some general thoughts?

* When I go turn myself in will I be put in jail? I have a great job and its important to my sobriety and my becoming a better person. i am afraid that I will lose it if I am arrested.

* Will turning myself in help my case?

* Will I get a chance to explain myself in front of a judge?

I know that these questions might be difficult to answer. I also know that I should never speak to police - however part of me wants to go in an admit to my mistakes and pay my debt. I believe these to be relatively minor charges, however I don't want to be naive about it.

What should I expect?

Thank you all for your time spent reading this - I love this sub and y'all are great people.

[Louisiana]

Answer: You really want to have a lawyer in there when you turn yourself in. He'll be able to present your argument in a way that will better persuade the judge. Also, it just looks better that you paid the "lawyer tax." It shows that you take this seriously and you spent money to get money matters resolved.


Title: I am being scammed by my dentist! (CA)

Question: [deleted]

Answer: Just bring the EOB and your receipt for whatever you paid to your dentist's office.  If that doesn't work, talk to your insurance.  Sheesh.  Lawyer?  Even in the unlikely event this becomes a legal issue, it's $800.  That's firmly in small claims territory in CA.


Title: Please Help! Lawsuit for downloading Porn. Asking the IP subscriber taking deposition. Did it happens to anyone?. Did not receive demand letter"?"

Question: Search all over the internet but don't see any post regarding X art or Malibu Media send out letter to taking deposition.  Only heard they send out the demand letter. But I didn't get any demand letter from them.  I am not sure what X art lawyer wants.

Answer:
 What is your question? Your post is very hard to decipher. Answer #2: This is going to sound harsh, and it is not meant to demean you, but it’s necessary: the way you have written this post suggests that English is not your first language, and that you have some difficulty with it.  You need a lawyer who speaks your first language and English.

Answer #3: So, let's review...

A bunch of porn got downloaded via your IP (apparently not by you). You obviously don't want to go to court and have a record that you went to court for porn. Hint: Porn companies know this.

In a nutshell, yes, people get sued all the time for piracy. Some people consider it to be a legal shakedown, and some courts are starting to get very suspicious of suits where all they have is an IP address ([here's just one case from federal court](https://www.kotaku.com.au/2016/06/us-court-on-piracy-linking-an-ip-address-isnt-enough/)).  You should contact your state bar and ask for a lawyer with experience with piracy and digital rights \- you may need to call their referral line, as their website referral form may not be specific enough.

Honestly, if all they have is an IP address, there's a boatload of decisions out there that a lawyer might be able to point to so they can get it tossed completely.


Title: [CA] I signed a contract with someone that doesn't exist

Question:
A woman who made me believe she could help me get a payed art project for the city of Los Angeles.
She faxed the contract to me, that I signed and faxed back, and pretended to be 2 city council members on the contract as well by signing names that doesn't exist.
That art project never existed and she simply used me for her own amusement.
No money was payed.

What can I do?

Answer: So someone sent you a fake contract, you signed it, but neither of you did anything to perform your parts of the contract? Sounds like you haven't lost anything so you shouldn't worry about it.


Title: Involved in minor accident in Nov '17, driver made a $117,000 demand, $17k above policy limits. What is the reality of this situation?

Question:
I was driving in Seattle, WA in November 2017 in my brand new car in stop and go traffic. I was third at a red light and upon turning green, the drivers in front of me proceeded forward. I made a glance at my mirrors only to slam on the brake because the driver in front of me abruptly stopped in the middle of the intersection - and I hit her rear bumper going approximately 5 mph.

There wasn't even a mark on her car. The extent of damages to my own vehicle was a small indent on my licence plate and a crack in the hardware attached to the bumper due to the bolt actually making contact.

After the bump, i waved to the driver out my window and motioned for her to pull forward to an adjacent parking lot. After a few minutes passed, I waved again and then her door opened. She braced herself against the door with her arm and lowered herself slowly out of her seat, controlling her decent to the pavement before laying there making puffing noises. I didn't have the forethought to turn my phone one since that is illegal in my state and i was still behind the wheel. However I watched in disbelief as she dramatically did this whole maneuver.

&#x200B;

I felt right away that i was being set up with these theatrics based on the nature of the situation- here i was in my brand new Chevy Sonic and she was driving this late model minivan that was in disrepair. Regardless paramedic and police were called. A report was filed and the police released me, with some eye-rolling, since there was absolutely no damage to the vehicle.

I have been driving for over 25 years and this is my second accident of my life - the first one being in 1999. That one was maybe at around 10 mph and I was not at fault. Last time I even had a moving violation was in 2001.

My policy was for 100,000 liability. I received word today via voicemail that the insurance received a demand for $117,000.

What should I expect? What are the best and worst case scenarios for this? I am going into completely unfamiliar territory.

Answer:
 While it is possible a low-speed impact did cause her some injury, your insurance company has quite a bit of experience in detecting fraudulent or exaggerated claims. If they don't settle her claim and she decides to sue, the insurer is obligated to provide you an attorney; listen to that attorney and follow their advice.

Worst case: she sues and wins more than your liability limit, leaving you on the hook for the balance. However, this is pretty rare even when there are obvious bodily injuries. Insurance companies are good for the money, but trying to collect from individual plaintiffs is expensive and not always possible, so plaintiff's attorneys generally prefer to settle with the insurance company within the policy limits and avoid the expense of a trial. A policy limit of $100K gives them plenty of room to work out a settlement.

Probably the most likely outcome is that your insurance will pay some fairly low amount for her to be checked out by a doctor and maybe a day or two off work to recover, and she'll have to be content with that.Answer #2: Pass that demand on to your insurance company and let them deal with it. That's what you pay them for.


Title: [US] Is it punishable to be sent illegal pictures without having solicited them?

Question:
This is the situation:

A friend of mine (18+) has annoyed a girl. The girl has nude pictures of girl friends (all girls are under 18). She threatens to send him those pictures over social media to get him into legal trouble.

Would that work? My friend is not friends with any of these girls and obviously never asked for such pictures.

Answer: I assume your friend is saving these threats? She's admitting to him that she has child pornography, and threatening to distribute. Report her to the police for possession of child pornography, and turn over screenshots of her messages as proof.Answer #2: She could get in just as much trouble for sending them. There are laws reducing the penalty for underage sex when all parties involved are minors, but IIRC no such laws exist for child pornography. I'll double check later tho. Answer #3: IANAL. Your friend should report these threats to the police, especially if they are in writing. Doing this preemptively will be the best. And get a police report when it is reported. You say your friend doesn't want a big legal mess but unfortunately with a person like that it might happen, so your friend should report the threats.


Title: how, when, and where are people most likely to be busted for marijuana possession?

Question: Are most people arrested during car searches? when a deal is taking place? getting caught smoking in public? Mainly I just want to know how often people are arrested from their own homes. How often do police attain warrants for that and how are they able to get those warrants?

Answer:
 Almost 100% of people arrested for marijuana possession are people who have marijuana in their possession

 Answer #2: Weed smells. Like really strongly and distinctly.


Title: My life was ruined for doing my job

Question:
I am in need of some advice and I sure hope someone can help me. I am in a pretty dark place and don't know what to do. Here's what happened.
2 years ago I was working for a property maintenance company. I was in charge of a large shopping plaza. For 2 years I had a great boss that took his job seriously. Than one day I had a new boss, A young punk who only cared about the company truck. I am serious that's all he talked about, a shitty little Ford Ranger (nothing against the truck, I own one). Well anyway 2 years ago he called me and told me a dentist in the plaza had been evicted and I needed to clean out the unit ASAP.
I proceeded to heave everything in the dumpster, including an x-ray unit. I mean if you leave behind an xray machine it must be broken right!?. Wrong, 3 months later the cops kick in my door and arrest me for grand theft. It has been 2 years since the arrest. I took a pretrial diversion (because I don't even have a speeding ticket). That was suppose to seal and expunge my record.
Now this is where I need your help. I had the job interview of a lifetime yesterday, Working for Universal Studios. I aced it and they offered me the position, I happily accepted and gave them all the necessary documents. They got me all setup and I was suppose to have orientation on Wednesday. Except this morning at 10am I received a call saying that they could not hire me because my record shows I did a pre-trial diversion for grand theft.
 What was the whole point of me jumping through hoops on probation and paying thousands of dollars in fines? I thought that no one would be able to see that? It kills me. I am not that kind of person. Now it feels like I am going to be stuck in a loop of dead end jobs.
Thanks Reddit, I am having a rough day. Sorry for the format, I don't post often.

Answer: After your diversion ended did you ever follow up and see if your record was expunged, or did you move to have it expunged?


Title: Is California pro-active, or too eager to write new laws?

Question:
I've got kind of a philosophical question.

Watching from the outside, it seems to me that California has recently been very eager to enact new laws, both civil and criminal, whenever there is any kind of public outcry. The revenge porn laws are a good recent example. Then there are laws, like their anti-SLAPP law, that are very specific and aggressive when compared to similar laws in other states. To me, it speaks to a willingness to push the boundaries of how far a government can go to "legislate" a just and fair society.

Obviously, the first question I have is, is my assessment accurate? I should note I'm a Canadian, and not a lawyer - just fascinated with the law.

Secondly, if yes to the above, is Cali's unique approach a good thing, or a bad thing? What are the real consequences either way?

Answer:
 California reacts quickly to public sentiment because it is one of the states that is completely controlled by one political party. It is not unique in this fact. Look at the speed at which Kansas became a darling of the tea party movement back in 2010-2014.

Your second question is too broad to answer though, because you're not saying by what standards it would be a good or bad thing. If you are in favor of representative government, then of course their quick implementation of the people's will is a good thing. If you're in favor of government being a limiting factor on public movement, then of course you wouldn't be in support of that.

I am not aware of any studies that have looked at the effect of swift implementation of laws, but California is the largest and most diverse economy in the United States, so clearly that legislation has not slowed them down.

What you're asking is really a matter of politics, not law.


Title: Boyfriend and I are having a baby, problem is he's still legally married.

Question: So we both live in California, he's been separated for 5 years now but his divorce isn't finalized. Well our baby is due soon and we aren't sure if he can be put on the birth certificate seeing as he is still legally married. Would it be better for us to wait till it is finalized? Or can he get in trouble if we put him on the birth certificate?

Answer:
 >Would it be better for us to wait till it is finalized?

Well yeah, but unless you can hold your legs together real tight, I don't think the baby is going to wait.

Anyway, the whole thing of putting people on birth certificates isn't as serious as people think it is. Just put him on it and don't sweat it. Answer #2: That only works when the female is married. He can be on the birth cert


Title: Working with someone as a sort of payment processor, confused tax wise.

Question: [deleted]

Answer: You need to worry more about the fact that you're being scammed. Then you can talk to an accountant later.


Title: Need advice on dealing with our condo association.

Question:
We live in a condo that we own and it has an association.  We are on the second story and there is someone below us.  We have a dog that is within the weight restrictions.  Our neighbor below us has called the association to complain about our dog.  The first time was completely understandable.  We went to a baseball game during the summer and she was in her kennel barking.  She was a puppy then and since then we have taken her out of the kennel and let her roam the living room and she has stopped barking when we leave.

I just received an email from the association president saying that we now owe them $50 because they have gotten two more complaints.  We only play with her during the day and make her calm down after dinnertime since this is around the time that people start getting ready for bed (the neighbor is older).  She is never running around playing fetch or whatever after 9:00 PM.  Our neighbor will beat on her ceiling to let us know that she is being too loud.  Well this happens almost immediately after we start playing and it will be at 5:00 PM.

I feel like we are getting bullied.  Is there anything we can do or are we still responsible to pay the $50?  Are we not allowed to play with our dog, that complies with the weight restrictions, in our condo that we own, and at a reasonable time of day.  It isn't like she is running around like crazy at midnight.

Edit:  We are in Rockford, IL

Answer: I would let the condo association know that the neighbor is banging on her ceiling, that is not behavior that is tolerated either. Answer #2: I would check the bylaws or rules & regs and see if you are entitled to some kind of hearing before a fine is assessed.  If not, ask for one so you can present your side.   I would bring some video or something of the dog playing so they can see what is being complained about.  I would also look into some alternate venues for exercising your dog.  A condo is really not the best place to be running around, and your neighbor does have the right to quietly enjoy her property.  You need to recognize that in your dealings with the board.  If you just try to paint your neighbor as a cranky old lady they're unlikely to have much sympathy.


Title: I can't believe Reddit is so dumb

Question: [removed]

Answer: But **what state are you in**?Answer #2: Ok, thanks!


Title: Can my parents do this?

Question:
I’m an alcoholic who hasn’t drank in about 2 months. I have longer stretches of sobriety but will be starting on some medication and have been seeing an addiction specialist this time around. About 2 months ago, my parents took my dog away from me saying I wasn’t taken good care of. Granted, I wasn’t taking the best care of her because I wasn’t in the best state.

They’re trying to withhold my dog from me more 6+ months now. And won’t give her back to me. They are saying she smelled vodka on my breath yesterday which is not true at all. I paid for my dog, she’s registered in my name and love her more than anything. I live about 2 hours from then now so I have to go to their house once a week just to see my dog. Shes 1 at this point, so this age is crucial as well.

My parents have a long history of being controlling even before I had any issues. I’ve been told by therapists to create boundaries from them in the past.  And for some reason I just always felt bad doing that.

I told them if they don’t willingly allow me to take her I will just take her back home when they’re gone at work. I didn’t know what else to do cause they’re toxic for my sobriety so I don’t want to spend much time at their house, but they are keeping my dog from me. They’ve threatened to a file a lawsuit against me for neglect if I do take her.

Answer:
 If the dog is yours legally then it is your property. Before you go the legal route I would recommend attempting to do a standby with a police presence. Gather your paperwork for your dog declaring ownership, as well as a time your parents would be home, then contact your sheriffs or police department. Inform them of the situation and say you would like an officer there while you collect your dog. Often, the police presence and fear of legal action will be enough. Granted, the police will probably inform you that it is a civil matter if your parents won’t return the dog willingly. If that happens, you file a claim civilly. Your local courthouse will probably be the location to start the process, then hiring a lawyer or not hiring one would be a choice you will have to make.

Also, how did your parents take the dog? Did they enter your home without permission? Did you say the could watch the dog for X amount of time?

Do not enter their home and take the dog by force, if you do and they contact the police you can be looking at some large legal issues.Answer #2:  Aw that’s theft. You parents stole your dog.


Title: [CA]I'm being sued for defamation and identity theft because I posted a negative Yelp review

Question:
I am being sued for defamation and identity theft by a photographer I hired because I wrote him a negative Yelp review and posted on Facebook telling my friends about my bad experience with him.  In a FB post, I wrote that he had not delivered the photos we were contracted for, which was true.  After my post went up, he delivered a portion of the photos, so in an effort to be fair to him, I made another Facebook post saying that he had delivered some of the photos.  My photographer is saying that by doing this, I am “admitting to making false statements” and is claiming libel and defamation.

&nbsp;

When it became clear that he would not fulfil the rest of the contract, I posted a negative Yelp review of him.  Because nobody had reviewed him on Yelp before, a business page was created for him, and he is claiming that this is an “unauthorized Yelp page” that constitutes as identity theft.  I never claimed to be the photographer, and my Yelp review is actually very fair and not inflammatory at all.

&nbsp;

I feel like he has no basis for these claims and is just suing me in retaliation because I successfully sued him in Small Claims court for breach of photography contract.  He didn’t take that case seriously and didn’t show up to court, so the judge ruled in my favor.  It wasn’t until months later when I was trying to collect the judgement that he decided to lawyer up and is now suing to get back at me.

&nbsp;

Do you guys think he actually has a case here?  I’m probably going to have to hire a lawyer to defend myself, which will probably be costly.  If I win in court, will I be able to recoup my lawyer fees, or be able to counter-sue for anything?

&nbsp;

Thanks in advance!

&nbsp;

EDIT: I sued the photographer in Small Claims (and won), but he's suing me in regular(?) court, claiming millions of dollars in damages.

Answer: Since you've been served, document document document.  Save any and all records of any interactions with him. Screenshot and save the yelp review and page.  Screenshot and save what you wrote about him. Keep copies. Keep these alongside any documents from the case you've already won. Answer #2: We can't see the "very fair and not inflammatory at all" review that you wrote, so you should retain an attorney to help you.  I second the idea of considering a California anti-SLAPP lawsuit (but you probably want an attorney to do that, it's not really a DIY kind of thing).Answer #3: When this settles can you do an update? This is so interesting.


Title: Contract clauses for on-premise software rental

Question:
I crossposted from r/entrepeneur,  I think it's more suitable here.

I have a software product that will be rented to corporate customers. The customer will pay monthly on a yearly based contract. Instead of cloud based (which is not ready at the moment), the software will be installed on customer's equipment at customer's premise. What points should be stated on the contract agreement clauses to protect my software from illegal usage (for example: using software outside contract period if they doesn't renew the agreement)? Any example of those clauses? Thank you. Any advice would be appreciated.

Answer: You absolutely do not want to do this without a lawyer.


Title: Are there pro bono legal services for custody/visitation withholding by one parent?

Question:
[U.S.] I saw a post on FB (from someone I don't actually know, just friend of friend of friend etc.) who says their ex-spouse is withholding or disallowing visitation/custody access to their child (over what seems like legally indefensible matters like differences in opinion on liberal/conservative parenting style).  The person in question can't afford legal services and so cannot fight the circumstances even though the other parent is clearly in violation and breaking the law.

Is there any pro bono assistance for this kind of situation?  I know nothing about this sort of thing.

Just curious (and wondering if I could offer any references to this particular person).

*[EDIT: thanks for the responses so far]*

Answer:
 If there is a court order, he or she could always contact the court directly and notify them about the violations of the court order.

If there is no court order, there needs to be a court order.


Title: I'm 25 and my dad is still getting screwed with child support arrears. How can I make an arrangement with my mother to 'buy her out' and let my dad off the hook? [WV]

Question: Long story short, my dad was making good money in the 90's and lost his job. It backed up a great deal before he was able to get it adjusted. Here I am, 25yo and he's still getting screwed and my junky mother is raking it in. I know how greedy she is and I'm going to offer her 1/4 of her arrears in a lump sum but the only caveat is that she'll only get the money after my father starts getting checks without wage garnishments. Does anyone have any advice or experience with this?

Answer: Just because you are grown doesn't make your mom "raking it in." She was raking in jack shit when she was raising you. Arrears are a debt that is owed and in many cases an actual lien exists. This is a debt your mom is owed for raising you and caring for you without financial (or with little financial) help of the other parent.


Title: [Rental Agreement, NC] Tricky situation about ancient no-pet rule being enforced by HOA Board and tenant wants out. I say no based on tenant history.

Question:
I received a notice from the HOA Board of the rental unit complex indicating they will begin enforcing the property-wide 'no-pets' rule.  The rule was amended to the bylaws in 1977, but hasn't been enforced since at least when I bought in 2006.  Plenty of residents have pets, so a lot of people are affected.

The note indicates the enforcement will take effect 6/1/2015, and please update tenants' lease agreements to reflect the enforcement.  The HOA supersedes the personal rental agreement, correct?

My tenant moved in 3 years ago and signed a no-pets lease.  After she moved in, she gave a sob story about really having a dog, etc.  I felt sorry since I do like pets, so I wrote in an amendment allowing pets with an extra monthly fee.  Her mom was going to keep the dog for the first year because she didn't think she'd renew after that, but she did.  I know she can have the dog housed somewhere else as much as it would suck for her.

Believe me when I covered my butt with the lease agreement verbiage and conditions.  Not only did she agree to abide by all current and future HOA rules, she signed the pet amendment indicating that the landlord can revoke pet privilege for any reason.

Her lease runs out at the end of October and she wants out June 1st.  She will be working out of state with her dog from June through September (just found this out and she was planning on paying until she learned of the rule).  She is not the nicest person and has always begged for forgiveness instead of asking for permission.  She's claiming I'm breaking her lease agreement, and she's not paying after June.

I'm in the right in holding her accountable for rent less pet fees after 6/1/2015, correct?  Also, what's the best route if she up and leaves with no payment?  How can I put a lien on anything she has or make sure her default on the lease shows up in credit reports, etc?  Thank you!

Answer: If she breaks the lease you can sue her. She can counterclaim you broke the lease first by telling her she had to get rid of the dog. You can counter this counter claim by showing she agreed the pet permission can be revoked. The judge will make a decision.