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We're about to move out of our apartment. We were planning to clean the poo poo out of our apartment and rent a steam cleaner for the carpet. However, when we received our "move out information package" it stated: quote:If you do not have a receipt from a professional cleaning, shampooing, or paint company these charges will automatically apply: From the Resident Handbook it states: quote:As required by your lease you must leave your apartment in the same condition as when you moved in, taking normal wear and tear into account. By way of example, normal wear and tear would include such things as traffic wear across the carpet, but not cigarette burns or stains. And the termination portion of the lease states:  So do we have an argument on our side or can they still bend us over and gently caress us however they want? Our fear is that disputing this could lead to them becoming vindictive. We live in Virginia. me your dad fucked around with this message at 12:11 on Sep 13, 2010 |
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Sep 13, 2010 11:59
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Chinaski posted:We're about to move out of our apartment. We were planning to clean the poo poo out of our apartment and rent a steam cleaner for the carpet. If the lease itself does not mention the "professional receipt" or reference a document that does, then you are not obligated to obtain such a receipt as you have not made an agreement to do so. However, if you "miss a spot" or your job is in anyway substandard they then have a legal basis to continue with their policy. They may attempt to illegally enforce the policy even if you have cleaned to professional standards and you should have full documentation of this fact and be prepared for small claims court. As you mentioned, this may make them vindictive.
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Sep 13, 2010 12:13
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I think we're going to bend over and let them have their way. I'd rather move forward with our life and spend our time and energy moving into our new place instead of moving out of our old place. The kicker of this whole deal is that our apartment will be renovated when we move out. They're renovating every apartment upon vacancy and our place will be torn up anyway. gently caress this place.
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Sep 13, 2010 12:45
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My current business partner worked for another company with me, the owner of that company died and the business had a few debts. The owners wife closed the company, my partner and I went and started our own s. corp and are leasing the same office space we used to work at. Friday, we got a letter from a collection agency addressed to the old company with an attn of his name. We also received an e-mail from the vendor stating that he was taking him to collections not the company. Is any of this legit or legal? He was the general manager of the previous company. The annoying part is, this vendor is a pretty nice guy and we had talked to him about paying off this particular debt. He was going to wait for us to get started up, but then went and did this. He's also threatening to send letters to other vendors in our business circle telling them to avoid business with us because of this debt, which is not ours.
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Sep 13, 2010 17:33
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Why would you even suggest you were going to pay off the debt if it wasn't yours?
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Sep 13, 2010 17:45
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Was the old company a corporation? Also yeah why would you agree to take on someone else's debts
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Sep 13, 2010 17:48
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ChubbyEmoBabe posted:Why would you even suggest you were going to pay off the debt if it wasn't yours? The guy was pretty nice and helped us out in the past, we figured for 6,000 it was worth just paying him and keeping him as a resource hypocrite lecteur posted:Was the old company a corporation? Also yeah why would you agree to take on someone else's debts The old company was an LLC
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Sep 13, 2010 17:55
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BOOTY PIRATE posted:The old company was an LLC Woops, misread the facts. Yes if you personally guaranteed the debts of the corporation that probably collapses the liability shield. If you agreed to take on the debts you can very likely be sent to collections or whatever else hypocrite lecteur fucked around with this message at 18:03 on Sep 13, 2010 |
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Sep 13, 2010 17:59
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Chinaski posted:I think we're going to bend over and let them have their way. I'm really really not a lawyer, but read up on your local tenancy laws. There are generally tenancy advocacy groups that can give you some help. Lots of places have very accessible dispute resolution methods for tenants because otherwise they basically just have to take this kind of crap. The landlord generally has the burden of proving the necessity of withholding security deposits. Generally speaking, in many places the landlord will be responsible for proving costs for things like cleaning. If you've cleaned to a reasonable standard they can't charge you and if you haven't they have to provide documentation (i.e. receipts) showing that they actually did. They have to have just cause to charge out of your security deposit and generally if they don't there are punitive damages of some sort. Often just quoting the tenancy laws is enough to make landlords back off of unreasonable requirements. Here's your tenancy act: http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf Section 55-248.21:1 is about security deposits. It's the standard stuff about it being used to cover damage exceeding normal wear and tear. It doesn't give the landlord any authority to withhold for unnecessary cleaning charges. There may be additional county or municipal regulations. There's probably a local tenancy association you can contact.
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Sep 13, 2010 20:50
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I don't know if this is exactly a legal question but I think this is the best place to ask. I have posted a few times in this thread about a problem with the landlords/owners of the house we are renting. I won't go into the whole thing again but basically there have been multiple issues with the house since we moved in the end of July that they have refused to fix. A week and a half ago after trying and failing to get a hold of them over the phone/through email for almost a month we advised them that we were going to go speak to a lawyer to find out our options. The email we sent only stated that at this time we were seeking legal advice, it was two sentences long. Yesterday we received three emails from the landlords. The first email was three pages long and in no way professional. The basic sum up of it was that we had never ever told them about any problems with the house and this was the first they were hearing of it and they didn't appreciate us threatening them. The second email we received several hours later was them accusing us of cancelling all the appointments they had made to try and fix the problems with the house and them advising us that they were making appointments for a plumber and an electrician to come out and fix the issues and if we couldn't be home they(the landlords) would be there and let them in. The third email, the one that is really worrying me, stated they were coming to the house Wednesday to inspect the ongoing water damaged we had caused by having a leaky faucet and that this was not optional, if we weren't there they were coming in. They went on to say that they would call the police if our dogs were there and then went on about dangerous dogs. The landlords have never seen our dogs, they have been to the house twice before and neither time the dogs were there so there is no reason for them to think they are dangerous. The only reason they know we have dogs is that they are on the lease. My dogs are extremely friendly, and I am in no way nervous of them biting a person. What I am worried about is the landlords lying and saying they did. The other thing that worries me is the last time the landlords came to the house they got in a fight, it started with them arguing over what they wanted for dinner, the wife sprayed the husband in the face with a bleach cleaner, and the husband started screaming. After all that my question is, would it be reasonable for me to call the police and request that someone be present when they come? Is that something police even do? My husband is in the military, the lawyer we are using is through base legal, and unfortunately there is no way of getting a hold of him before tomorrow or I would ask him.
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Sep 14, 2010 16:33
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Robo Olga posted:I don't know if this is exactly a legal question but I think this is the best place to ask. I have posted a few times in this thread about a problem with the landlords/owners of the house we are renting. I won't go into the whole thing again but basically there have been multiple issues with the house since we moved in the end of July that they have refused to fix. A week and a half ago after trying and failing to get a hold of them over the phone/through email for almost a month we advised them that we were going to go speak to a lawyer to find out our options. The email we sent only stated that at this time we were seeking legal advice, it was two sentences long. Why don't you just take the dogs to the neighbors for the day?
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Sep 14, 2010 16:37
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Robo Olga posted:Good grief. I hope part of your plan includes finding a new place to live. Their emails are classic rear end-covering, now that you've threatened legal action. As for the dogs, you either need to schedule an appointment with your landlord at a time when you can be there to tend to the animals, or arrange to take the dogs somewhere else while they are working.
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Sep 14, 2010 16:49
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Oh sorry, I should have been more clear. We will be there tomorrow when they come and I could take the dogs for a ride to the park or something. I guess I am just worried that if they lie about something happening it would help to have a third party present. I don't really understand how dog bite investigations go but I guess if they call the police or animal control and they show up and there aren't any dogs home it will hopefully be obvious the landlord is lying. And Wyatt, we were hoping to move on base. When we talked to base legal we hadn't gotten any of these emails and the lawyer was hoping if we offered the landlord half the security deposit they would let us break the lease. But the first email made clear that they would take us to court for the whole years lease if we tried to move. So who knows.
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Sep 14, 2010 17:09
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Robo Olga posted:Oh sorry, I should have been more clear. We will be there tomorrow when they come and I could take the dogs for a ride to the park or something. I guess I am just worried that if they lie about something happening it would help to have a third party present. Well, that's the advantage of having a neighbor look after them: you get a witness that the dogs weren't even there.
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Sep 14, 2010 17:39
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I rent an apartment in Dupage County, IL, have for about 3 years. I have a really nice landlady who is very good about getting stuff fixed, but the problem is, I work nights and sleep during the day. The repair guys have keys to all the apartments and if they knock and no one answers...well, they'll just let themselves in. While it's very nice to find that the landlady decided to replace all my light fixtures or screen door free of charge without telling me, knowing someone let himself into my home and had free access to my stuff while I was SLEEPING kind of creeps me out like crazy. I've checked, and the lease agreement certainly doesn't have any sort of "we'll come in whenever we feel like it" clause. Is this just really terrible etiquette, or is it actually illegal on their part?
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Sep 16, 2010 03:01
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InShaneee posted:I rent an apartment in Dupage County, IL, have for about 3 years. I have a really nice landlady who is very good about getting stuff fixed, but the problem is, I work nights and sleep during the day. The repair guys have keys to all the apartments and if they knock and no one answers...well, they'll just let themselves in. While it's very nice to find that the landlady decided to replace all my light fixtures or screen door free of charge without telling me, knowing someone let himself into my home and had free access to my stuff while I was SLEEPING kind of creeps me out like crazy. I've checked, and the lease agreement certainly doesn't have any sort of "we'll come in whenever we feel like it" clause. Is this just really terrible etiquette, or is it actually illegal on their part? Have you talked to your landlady about this problem yet? If she's nice, that'd be the best way to solve the problem. I don't think Illinois has a statue regarding a landlord's right of access, so you'll have to go by city. What city are you in? You could also try googling "[city] landlord right of access." e: although your lease doesn't have a 'whenever we want to' clause, does it have anything at all to say on the matter? joat mon fucked around with this message at 03:53 on Sep 16, 2010 |
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Sep 16, 2010 03:49
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InShaneee posted:I rent an apartment in Dupage County, IL, have for about 3 years. I have a really nice landlady who is very good about getting stuff fixed, but the problem is, I work nights and sleep during the day. The repair guys have keys to all the apartments and if they knock and no one answers...well, they'll just let themselves in. While it's very nice to find that the landlady decided to replace all my light fixtures or screen door free of charge without telling me, knowing someone let himself into my home and had free access to my stuff while I was SLEEPING kind of creeps me out like crazy. I've checked, and the lease agreement certainly doesn't have any sort of "we'll come in whenever we feel like it" clause. Is this just really terrible etiquette, or is it actually illegal on their part? Look, you seem to like your landlady, and she seems to be competent. Just ask her to give you a heads up before a repair guy comes rather than threatening her.
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Sep 16, 2010 04:30
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Incredulous Red posted:Well, that's the advantage of having a neighbor look after them: you get a witness that the dogs weren't even there. This seems like it should be obvious but it honestly never occurred to me, thanks very much for the idea. After sending us that email telling us exactly what time they would be here and we better be ready or the police would be called etc they showed up an hour late. And decided they wouldn't come in the house. They gave us a key they said would work in the back doors(it didn't) and left. The plumber they said had to come yesterday never showed up and didn't answer his phone/return our messages. Called the landlord about him and it turns out he's a personal friend of theirs, and the only plumber they want working in the house. Someone please tell me we will be able to break this lease without paying them a year of rent
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Sep 16, 2010 05:18
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Robo Olga posted:Someone please tell me we will be able to break this lease without paying them a year of rent Start documenting everything, including dates, times and substance of contacts or correspondence between you and the landlord. Once you've got the documentation you'll have a couple options, but get the photos, correspondence, and whatever first, then Incredulous Red fucked around with this message at 05:29 on Sep 16, 2010 |
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Sep 16, 2010 05:26
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Incredulous Red posted:Look, you seem to like your landlady, and she seems to be competent. Just ask her to give you a heads up before a repair guy comes rather than threatening her. I have (and do) ask her, but she bizarrely insists that it's not possible (as she just calls them out, and they show up on their own schedule). She'll give me POTENTIAL times when they MIGHT show up (sometimes), but I can't skip sleep on work days just on the off chance one of these guys wants to show up, and regardless of what I ask her to pass along about me, they just keep barging in anyway (one of them even acknowledged that he KNOWS I've been sleeping while he works once or twice, so he just tries to be 'extra quiet'). I'm certainly not looking to drop the hammer on a nice old lady, but it's hard to subtly hint to her that she probably can't do this when, well, I don't actually know that at all.
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Sep 16, 2010 09:30
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How do you go about finding a pro-bono lawyer for a Criminal case in FL (N. Fl if that matters)? I have a friend, no seriously, who can't afford a lawyer for her sister (and they have no family to turn to for money) who's looking at a decent amount of time in jail (alcohol-related charges) and we don't want her to be railroaded by the PD into a terrible decision. Also, how long can they hold you without an arraignment? It looks like Federal Cases are 48 hours, is that he same for Florida? What happens if they wait longer than 48 hours?
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Sep 16, 2010 16:09
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Wreckus posted:How do you go about finding a pro-bono lawyer for a Criminal case in FL (N. Fl if that matters)? I have a friend, no seriously, who can't afford a lawyer for her sister (and they have no family to turn to for money) who's looking at a decent amount of time in jail (alcohol-related charges) and we don't want her to be railroaded by the PD into a terrible decision. quote:For the benefit of the uninitiated, "dump truck" is a term commonly used by criminal defendants when complaining about the public defender. The origins of the phrase are somewhat obscure. However, it probably means that in the eyes of the defendant the public defender is simply trying to dump him rather than afford him a vigorous defense. It is an odd phenomenon familiar to all trial judges who handle arraignment calendars that some criminal defendants have a deep distrust for the public defender. This erupts from time to time in savage abuse to these long-suffering but dedicated lawyers. It is almost a truism that a criminal defendant would rather have the most inept private counsel than the most skilled and capable public defender. Often the arraigning judge appoints the public defender only to watch in silent horror as the defendant's family, having hocked the family jewels, hire a lawyer for him, sometimes a marginal misfit who is allowed to represent him only because of some ghastly mistake on the part of the Bar Examiners and the ruling of the Supreme Court in Smith v. Superior Court, 68 Cal.2d 547 [68 Cal.Rptr. 1, 440 P.2d 65]. quote:Also, how long can they hold you without an arraignment? It looks like Federal Cases are 48 hours, is that he same for Florida? What happens if they wait longer than 48 hours?
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Sep 16, 2010 16:25
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nm posted:A pro bono lawyer is called a public defender. This is not accurate. A lawyer working pro bono isn't necessarily from the public defenders office.
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Sep 16, 2010 16:30
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Nobody is going to do pro-bono work that could be publicly funded though. e: quote:Putting all of the above into proper perspective is going to entail a distressingly time-consuming examination of the record and a resulting opinion of unconscionable length. Readers not particularly interested in this field of law would be well advised to flip over to the next case in the advance sheets. This case is brilliant. Alchenar fucked around with this message at 16:38 on Sep 16, 2010 |
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Sep 16, 2010 16:34
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Loopyface posted:This is not accurate. A lawyer working pro bono isn't necessarily from the public defenders office. (Also contract defense attorneys are often called PDs as well) And yes, huffman owns
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Sep 16, 2010 16:45
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Do you have anything quite as good as this though? "just as male heterosexuals are free to enjoy themselves playing rugby, drinking beer and talking about girls with their mates, so male homosexuals are to be free to enjoy themselves going to Kylie concerts, drinking exotically coloured cocktails and talking about boys with their straight female mates." Lord Rodger HJ (Iran) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) and one other action
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Sep 16, 2010 16:54
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We are in the middle of selling our house and buying an acreage. The closing on both properties was supposed to happen yesterday, but our lawyer hosed up. He missed the courier to receive the funds from the sale, and then refused to give possession over to the new owners because he didn't have the cheque in his hand. This also delayed our closing on the new property. No one could get in touch with him all afternoon yesterday, and we (and our realtor) were inundated by calls from loan officers, lawyers, & other realtors who are all rightfully pissed off. My husband was waiting for the lawyer when he showed up at his office this morning. He was in court all afternoon, which is why he was unavailable to reach. The lawyer now tells us that the purchase & sale might go through today if he has the time to complete all the paperwork. I was stunned. Does he really have the right to unilaterally start changing commitment dates because he is busy? My realtor tells me we might be liable for interest on the sale amounts and expenses incurred by our seller & purchaser. We did nothing wrong. We were out of the old property a day before the new people were to take possesion. I wanted to give the purchasers of the old property access yesterday (by giving them the garage door code) to be a decent person, but our realtor advised against that. Are we liable? What recourse do we have against our lawyer since this is all his fuckup?
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Sep 16, 2010 18:27
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nm posted:A pro bono lawyer is called a public defender. And a public defender (a proper government employed one -- which I know at least parts of FL have) is a better lawyer than 90% of your local bar. No one is representing her for free unless they are family or friends. Whelp. Ok last question. Does a General Power of Attorney document need to be notarized? (apparently this is required to collect personal belongings/remains even for family (sister/sister in-law))
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Sep 16, 2010 18:38
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cassis posted:My realtor tells me we might be liable for interest on the sale amounts and expenses incurred by our seller & purchaser. We did nothing wrong. We were out of the old property a day before the new people were to take possesion. I wanted to give the purchasers of the old property access yesterday (by giving them the garage door code) to be a decent person, but our realtor advised against that.
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Sep 16, 2010 19:28
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Wreckus posted:Whelp. Ok last question. Does a General Power of Attorney document need to be notarized? (apparently this is required to collect personal belongings/remains even for family (sister/sister in-law)) In my state, a GPOA does not have to be notarized in order to be valid, but if it is notarized then it is treated as presumptively valid unless someone can prove otherwise. So get it notarized.
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Sep 16, 2010 19:43
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Wreckus posted:Whelp. Ok last question. Does a General Power of Attorney document need to be notarized? (apparently this is required to collect personal belongings/remains even for family (sister/sister in-law)) Is this part of the same question (friend's sister in jail)? If it is, your friend might try calling the jail and asking about the process; it may be as simple as having her sister signing a property release.
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Sep 16, 2010 22:08
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I have a warrant in Dallas, TX for a traffic ticket that I didn't pay/appear for(lost it). I live in Denton, TX which is about ~50 miles away. What does this mean for me and how do I fix it without taking too big of a hit? If I get pulled over in my city can I be arrested? Is there any way I could plead not guilty to the ticket based on the complete lack of speed limit postings and the fact that I had just come off the highway into a city that I don't frequent?
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Sep 17, 2010 01:47
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Isaac Asimov posted:I have a warrant in Dallas, TX for a traffic ticket that I didn't pay/appear for(lost it). I don't know about Texas, but around here, Isaac Asimov posted:If I get pulled over in my city can I be arrested? If you were written up for a municipal speeding violation, (possible, if it was a city cop) less likely. Isaac Asimov posted:What does this mean for me and how do I fix it without taking too big of a hit? Call the court clerk and ask him/her what the deal is. They can't arrest you over the phone and they're not going to actively go after you for a warrant on a speeding ticket. Isaac Asimov posted:Is there any way I could plead not guilty to the ticket based on the complete lack of speed limit postings and the fact that I had just come off the highway into a city that I don't frequent?
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Sep 17, 2010 03:13
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joat mon posted:You could plead not guilty, but you'll lose. If you were going 2 miles over, under perfect driving conditions, and you could bring in a Texas DOT expert to testify that based upon his measurements the city clearly failed to sign the area where the cop said you were speeding, maybe. I don't know about Texas but California has a statutory ban on tickets issued by "speed traps" and includes within this ban tickets issued on roads that haven't had traffic engineering surveys performed on them within the last 7 years. If you wanted to try to go down the route of challenging the ticket in this manner you'd need copies of the most recent traffic engineering reports for that section of highway, policy guidelines from the Texas DOT for when signage is needed/appropriate for road speeds, and you should check the Texas statutes to see if there's a statute similar to California statute. Read those things and see if you can in good conscience make the argument you're suggesting
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Sep 17, 2010 04:36
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Well I don't know about the Texas law yet, but it was definitely a speed trap, the cop was just parked standing by his car passing out tickets to whoever came up the hill. There was at least one other car already there before my car and the car in front of me were stopped. The area around the road seemed ghetto, so there's the chance it hasn't been surveyed in a while. No idea how I would go about getting those docs though.
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Sep 17, 2010 07:15
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Incredulous Red posted:I don't know about Texas but California has a statutory ban on tickets issued by "speed traps" and includes within this ban tickets issued on roads that haven't had traffic engineering surveys performed on them within the last 7 years. I can't find the cite, but the Texas speed trap law says that if you are a town of 5000 or less (which Dallas isn't) that gets more than 30% of its budget from speeding tickets (which Dallas won't) then you can still write tickets, but all ticket revenues (less a dollar) in excess of the 30% go to the state, not the town. Isaac Asimov posted:Well I don't know about the Texas law yet, but it was definitely a speed trap, the cop was just parked standing by his car passing out tickets to whoever came up the hill. There was at least one other car already there before my car and the car in front of me were stopped. Waiting for speeders and catching several speeders in a row does not make it a speed trap.
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Sep 17, 2010 11:56
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Got a PA question! My sister-in-law wants to separate from my brother, as she should, because he's an rear end in a top hat. To my knowledge he has never been physically violent with her or their son, but their home life is basically one unending shouting match. She has asked him several times to leave. He refuses, saying "I'm not breaking up this family" or some other bullshit. She's afraid if she serves him with divorce papers while he's still living in the house it... it won't go well. Is there any way for her to force him out of the house?
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Sep 17, 2010 20:16
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Whose house is it?
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Sep 17, 2010 20:17
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chesh posted:My sister-in-law wants to separate from my brother, as she should, because he's an rear end in a top hat. Awesome sentence. That is all.
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Sep 17, 2010 20:35
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I had an arrest/probation recently closed through applying for a motion of non-disclosure which was granted. The arrest was from 2004 and the non-disclosure was accepted 4 months ago. What steps can I take to make sure that all the different groups that handle that sort of paperwork have processed it? The goal here is to not have it show up on background checks. Before it appeared when searching on the Texas DPS Crime Record Search, now it seems totally gone. Do I need to check other background checking services to make sure they don't come back with different results?
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Sep 17, 2010 21:37
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