|
I recently signed a lease for an apartment (apartment B) that was set to start in August. This turned out to be a mistake on the realty company's part because apartment B was without a renter so the property owner would most likely miss out on 6 months of rent since finding a renter for that time period is difficult. We came to an agreement: If I could find someone to lease apartment A, I could terminate my lease for apartment A and move into apartment B early. That all worked out fine. I found a guy to lease apartment A and my lease was terminated and I moved into apartment B early. I should note now that apartment A isn't a pet friendly apartment, but I had my girlfriend's dog staying there for a time. I received a notice from the realty company to get the animal out and did so. The guy renting apartment A knows that an animal was there because he asked the realty company (days after signing the lease). Now the guy living in apartment A is complaining of dog hair he found on the floor and says he entered into the lease with the understanding that no pets had been in the apartment. He inspected the apartment fully before signing the lease and never mentioned anything about the carpet. The only question he asked was if pets are allowed in the apartment; I told him they are not. Does this guy have any sort of case against me? Could he argue that his signing the lease was contingent on a (non-existent) verbal agreement from me that no animals had ever been in the apartment? My gut reaction is to tell him to screw off; he was allowed to inspect the apartment and never pushed for an addendum on the lease stating that no animals were ever present in the apartment. Thanks for any insight  edit: This is in Alabama. Also I want to clarify that I have NO contract with the guy renting apartment A; he is not subleasing from me. I was released from my lease and he signed a totally new lease with the realty company. Holy Diver fucked around with this message at 13:40 on Feb 9, 2011 |
#
?
Feb 9, 2011 02:07
|
|
|
|
| # ? Jun 1, 2024 03:48 |
|
|
eviljelly posted:I was at a bar trivia last night and one of the questions was who famously answered "It depends on what the meaning of the word 'is' is." Everyone else at the bar chuckled but you know what? That was actually a pretty legitimate response to the question being asked. Hahaha. A more accurate response would have been "It depends on what verb you assume was implied in the contraction." But still a hilariously sneaky answer.
|
|
#
?
Feb 9, 2011 03:27
|
|
|
Alchenar posted:Well do you want money now or your name on the title? Is the house likely to appreciate in value? I want money from either the sale of the house, or from my brother paying me my portion. The house is not likely to appreciate in value, and from what I hear my brother has probably caused it to depreciate because he has done some... badly performed "improvements." If I decide to contact a lawyer, how much of a percentage would they take? Is there a standard for this kind of thing? Also, since I live across the country, would I have to travel to NJ at some point to take care of this or can it be done long-distance?
|
|
#
?
Feb 9, 2011 06:27
|
|
|
Scenty posted:I want money from either the sale of the house, or from my brother paying me my portion. The house is not likely to appreciate in value, and from what I hear my brother has probably caused it to depreciate because he has done some... badly performed "improvements." Your remedy is to open an estate, and the court should force the brothers to execute the will (meaning sell the house and split up the money). You can ask that the probate court adjust the share of your brother who caused the depreciation for "waste" of estate assets, moving the money into your and your other brother's share. I expect the lawyer would bill at an hourly rate, and probably not demand a retainer because he or she would be secure in knowing that he or she would be paid from the sale of the house. If the dispute gets heated and a hearing is necessary, then you may have to travel to New Jersey to testify.
|
|
#
?
Feb 10, 2011 03:58
|
|
|
I need a prenuptial agreement in Texas. 1) Do we each need a lawyer or could one suffice? 2) Neither of us are likely to inherit any significant money, but I may get some return (small? Big? who knows) for my ownership stake in a startup. Will that be considered community property if they are exercised after marriage? 3) Given that I can get a semi-custom one done on-line and we have very little in the way of foreseeable asset increases is a custom one drawn up by an attorney worth it? 4) How do I find a good attorney?
|
|
#
?
Feb 10, 2011 06:05
|
|
|
Tai-Pan posted:
|
|
#
?
Feb 10, 2011 07:01
|
|
|
Holy Diver posted:Apartment shenanigans. Georgia lawyer here. Alabama may have some loony landlord-tenant law that we don't have, but I doubt it. Just answering on general lease/contract principles here (so this isn't really legal advice). So, clarifying question (just to be sure): "The Guy" (who rented apartment A), signed a new lease with your former landlord, and your name isn't anywhere on it? If the answer to that is "yes," then there's nothing that "The Guy" can really do. If the lease is well-written (and even most cheap-o form leases include this), it should have an "integration clause" that says that the written lease the the entire understanding between the parties, which protects the landlord from tenant claims that something that was verbally discussed (or even agreed to) but doesn't appear within the four corners of the lease. More importantly, you're not a party to the lease. Even if you were acting as an agent of your former landlord, the integration clause should shut down any claims he has. Otherwise, it's an apartment. He asked a question about pets, and you answered it truthfully. If the fact that there had never been an animal in the apartment was important, it should have been asked. It's not any sort of latent defect or hidden condition that is normally an issue in real estate, so there's no real basis for a claim that you committed fraud by omission. Further, you're spot-on about him having had an opportunity to inspect. If there was dog hair in the apartment prior to his move-in, and it's so important for it not to be there, he should have said so at that point and demanded that the landlord have it cleaned.
|
|
#
?
Feb 10, 2011 15:31
|
|
|
Tai-Pan posted:I need a prenuptial agreement in Texas. You should each have one, ideally. That said, be wary of any attorney who claims that they can represent both of you. You could go with one attorney, but the attorney should only claim to be representing *one* of you, and the other one is legally on their own. Like the parties to any contract, you and your fiancee are on the opposite ends of a single bargain. An attorney that is representing *you* has no obligation to protect her interests, and is required to protect yours. Tai-Pan posted:2) Neither of us are likely to inherit any significant money, but I may get some return (small? Big? who knows) for my ownership stake in a startup. Will that be considered community property if they are exercised after marriage? Domestic relations laws (including how marital property is determined, divided, etc.) vary from state to state, and the differences can be big. I would not advise anyone to use an on-line agreement for such a specific type of document, especially when you have an idea about a very, very specific type of property (your equity in a start-up) that may be treated differently than other forms of property. I'm not licensed in Texas or a domestic relations attorney, but it's their job to know. In any event, any DomRel attorney worth their salt ought to have a basic pre-nup that they can modify to suit your needs, and should know (or be able to quickly find out) the law regarding your particular issue. I wouldn't expect that this is a task that would take a competent attorney more than a couple of hours to complete. At Atlanta rates, I would expect this to cost from $500-1000. Is an attorney-drafted document worth it? Absolutely. This document will only matter *if* you and your fiancee divorce and *if* there is a fight over this property. In those circumstances, you want to have the best chance of your document surviving any challenges. I don't know how inexpensive the online agreement is, but what do you stand to lose if it fails when you need it? Tai-Pan posted:4) How do I find a good attorney? Word-of-mouth is one of the best ways. Know anyone that's been through a divorce, child custody battle, or adoption? Even if they didn't like their attorney, they may have thought the other sides' was good. Otherwise, check sites like findlaw.com or call/google the Texas State Bar and see if they give referrals.
|
|
#
?
Feb 10, 2011 15:48
|
|
|
KellyLama posted:Georgia lawyer here. Alabama may have some loony landlord-tenant law that we don't have, but I doubt it. Just answering on general lease/contract principles here (so this isn't really legal advice). Excellent, thanks for the reassurance KellyLama. And yes, my name appears no where on his lease.
|
|
#
?
Feb 10, 2011 16:49
|
|
|
So our apartment complex's water has been shut off for over 24 hours now due to a burst pipe somewhere in the complex. Is there any sort of reimbursement that we could get for this? We weren't even told about the water being turned off for an extended period of time until about three hours after it had been first shut off. I live in Texas as well in case that helps.
|
|
#
?
Feb 10, 2011 18:39
|
|
|
Koaxke posted:So our apartment complex's water has been shut off for over 24 hours now due to a burst pipe somewhere in the complex. Is there any sort of reimbursement that we could get for this? We weren't even told about the water being turned off for an extended period of time until about three hours after it had been first shut off. I live in Texas as well in case that helps. Again Georgia lawyer, and Texas may have some weird residential lease laws that I have no clue about. I don't do a lot of landlord-tenant, but I do some occasionally. My wife is also a residential property manager for a 900+ apartment complex in Atlanta, so I see this stuff from both sides. The honest answer is: probably not. More accurately, "practically not." There's a BUT..., so skip down for that. Generally, your lease will have a provision that requires you to pay rent *unless* the apartment is destroyed. Like, tornado/fire/earthquake destroyed. Damaged? Still pay rent. Upstairs neighbor's water heater fails? Still pay rent (and this happens *all of the time*). On the other side, you can invoke "constructive eviction," in which the apartment is rendered so uninhabitable that you can no longer live there. Water being temporarily turned off is generally NOT enough of a problem to invoke constructive eviction. The other big issue for CE is that the situation must be so bad that you *must actually leave*. Not merely that it's bad and you want to leave, or that you need to go to the McDonalds to use the facilities (and then return to the apartment). In law school, the professors who taught this stuff had learned that people want to jump straight to constructive eviction, so the basic rule is: if there's not rats, roaches, or poo poo *in massive quantities*, you probably don't have CE. The better answer is to call your landlord and try to negotiate a concession. Be polite. They didn't break the pipe. If the water department is actually required to fix it, they can't even control the speed with which the repair happens. You're probably the 50th+ person to call and complain. Be nice, be respectful, and see if you can't negotiate a reasonable concession. 1/30th of your rent probably too much (since it's not like you had to move your stuff out onto the curb), but see what you can get.
|
|
#
?
Feb 10, 2011 18:51
|
|
|
Koaxke posted:So our apartment complex's water has been shut off for over 24 hours now due to a burst pipe somewhere in the complex. Is there any sort of reimbursement that we could get for this? We weren't even told about the water being turned off for an extended period of time until about three hours after it had been first shut off. I live in Texas as well in case that helps. Did a pipe burst because it froze like everywhere in Texas in the last couple of days?
|
|
#
?
Feb 10, 2011 19:20
|
|
|
Koaxke posted:So our apartment complex's water has been shut off for over 24 hours now due to a burst pipe somewhere in the complex. Is there any sort of reimbursement that we could get for this? We weren't even told about the water being turned off for an extended period of time until about three hours after it had been first shut off. I live in Texas as well in case that helps. Not a lawyer but I own rental properties in Texas. You were probably not told, because the managers were not expecting a pipe to burst! Ha. They were busy trying to fix the issue. As far as compensation, in Texas at least, unless it is due to negligence (which is going to be drat hard to prove since it has been unusually cold) the owner is allowed a "reasonable" period of time to complete the repair. Depending on the issue, 24 hours is still very reasonable.
|
|
#
?
Feb 10, 2011 19:59
|
|
|
Tai-Pan posted:Not a lawyer but I own rental properties in Texas. You were probably not told, because the managers were not expecting a pipe to burst! Ha. They were busy trying to fix the issue. Alright this is what I thought, but I just figured I would double check.
|
|
#
?
Feb 10, 2011 20:43
|
|
|
Koaxke posted:Alright this is what I thought, but I just figured I would double check. I should point out that this must be a serious mess to take 24 hours to fix. I am surprised that, at the very least, they could not put in a temporary patch routing past wherever the pipe broke. When I had the water shut down at my place I was able to give warning and offered to put people up in a hotel if we could not get it done in 24 hours. Then again, I only have a handful of tenants and they are long term.
|
|
#
?
Feb 10, 2011 21:49
|
|
|
Tai-Pan posted:I should point out that this must be a serious mess to take 24 hours to fix. I am surprised that, at the very least, they could not put in a temporary patch routing past wherever the pipe broke. Yeah it looked pretty bad when I saw it earlier. They turned on water for about an hour or so today, and it has now been shut back of again. Yay! edit: My grammar sucks. Koaxke fucked around with this message at 23:24 on Feb 10, 2011 |
|
#
?
Feb 10, 2011 23:22
|
|
|
Just curious if anyone has been part of the mass porn copyright infringement cases going around and if so have you had any success with getting your case dismissed?
|
|
#
?
Feb 11, 2011 05:21
|
|
|
Automatonaphobia posted:Just curious if anyone has been part of the mass porn copyright infringement cases going around and if so have you had any success with getting your case dismissed? You can't just throw that out there without a background story.
|
|
#
?
Feb 11, 2011 16:01
|
|
|
JudicialRestraints posted:You can't just throw that out there without a background story. Well you see his friend . . .
|
|
#
?
Feb 11, 2011 20:30
|
|
|
Chasiubao posted:Well you see his friend . . . ...was accused of torrenting porn... Although it's obvious his secured wireless connection was hacked 'cause he never torrents anything...
|
|
#
?
Feb 11, 2011 20:57
|
|
|
JudicialRestraints posted:You can't just throw that out there without a background story. Sorry, I was trying to follow the rules and not include too much info about the case. It is one of the Steele / Hansmeier mass "Does" lawsuits. They are trying to work the embarrassment angle because it is porn. They are apparently attempting to sue a few thousand people in several states for d/ling several different titles, but they are doing it all in one case in an out of state court. Is that enough info? I was really just wondering if anyone else could share with me their story in a pirating case. I would like to know what to expect. Automatonaphobia fucked around with this message at 05:37 on Feb 12, 2011 |
|
#
?
Feb 12, 2011 05:33
|
|
|
Automatonaphobia posted:Sorry, I was trying to follow the rules and not include too much info about the case.
|
|
#
?
Feb 12, 2011 06:42
|
|
|
These mass lawsuits are extortion, plain and simple. I'm willing to bet that your attorney will tell you to pay to settle. You could take it to court, but it will cost a lot of money and you'd probably lose. Properly done extortion puts you in a no win situation, where your most rational action is to just pay the money even though you are supporting an immoral practice.
|
|
#
?
Feb 12, 2011 09:09
|
|
|
I live in Ohio and was wondering if it's legal to open a bill that is in my roommate's name?
|
|
#
?
Feb 14, 2011 01:06
|
|
|
I'm cross-posting from the Law & Law School thread, as per evilweasels' advice:Abandon All Hope posted:I'm not sure if this is the place, but... would anyone be willing to help me find a lawyer in my area good with corporate registration? Or maybe a law-goon can help me? If you'd like to read the entire exchange to see the grimy details, I have already mentioned the thread to find it in. Again, any advice would be appreciated, personal help via PM is welcome if you are knowledgeable or capable of this, and compensation will be offered or paid via your requirements (if you do this for a living or whatever). Abandon All Hope fucked around with this message at 03:41 on Feb 14, 2011 |
|
#
?
Feb 14, 2011 03:39
|
|
|
Abandon All Hope posted:Again, any advice would be appreciated, personal help via PM is welcome if you are knowledgeable or capable of this, and compensation will be offered or paid via your requirements (if you do this for a living or whatever). The second issue, legal advice about working in a "legal gray area," is far more difficult. If you're working in a "legal gray area" then you're asking for a lawyer for advice on compliance with state and federal administrative regulations in addition to potential criminal issues. This will likely cost you a lot more than the business registration. A good lawyer would probably be able to give you a good analysis of your risk in terms of civil exposure, though any lawyer should tell you if what you're doing is obviously unlawful (and tell you not to do it). And by the way, giving what state you're in will let any potential attorneys in the thread know if they can help you or not. edit: or help you find someone. mushi fucked around with this message at 08:57 on Feb 14, 2011 |
|
#
?
Feb 14, 2011 08:52
|
|
|
Is it possible to terminate a contract while in material breach, from the person who is not following through on the agreement? He has a termination clause (60 days written notice) but fell way behind on the contract and now is kinda just like "Well, I quit"
|
|
#
?
Feb 14, 2011 09:15
|
|
|
I live with 3 other people and they have all broken our lease in one way or another and our landlord has done nothing to check on it. I am trying to get out of the lease as an effect of them all breaking it for somewhere better to live. There are two terms in the lease though, that I am now unsure of and need some clarification. This is in Norfolk, VA, and I have not seen anyone about this before. quote:DEFAULT, TERMINATION, AND ENFORCEMENT: In the event Tenants default in the performance of any of the provisions herein or fail to comply with any rules, regulations of any governmental authority having jurisdiction, it is expressly acknowledged and agreed that Landlord should be entitled to avail itself of any enforcement action or remedies available at law or equity, including, but not limited to, re-entry and possession of premises, peaceably or by force, termination of this lease and removal of any property without liability for damage to such property and without obligation to store the same. I was looking for some clarification on these. If my roommates break any other part of the lease, do these say that the landlord doesn't have to do anything about it?
|
|
#
?
Feb 14, 2011 16:03
|
|
|
Nutsack Rangoon posted:I live in Ohio and was wondering if it's legal to open a bill that is in my roommate's name? Did the roommate give you permission to open their mail? quote:Section 1703. Delay or destruction of mail or newspapers chemosh6969 fucked around with this message at 22:04 on Feb 14, 2011 |
|
#
?
Feb 14, 2011 22:00
|
|
|
I have some questions about copyright law.
Bodybuilding Virgin 420 fucked around with this message at 01:46 on Jul 7, 2014 |
|
#
?
Feb 15, 2011 05:08
|
|
|
Bodybuilding Virgin 420 posted:I'm writing a book and have some questions about copyright law. I was wondering if it was legal for me to: You actually have questions about copyright and trademark law, you just don't know it. quote:1. Quote a line from a rap song I am going to assume that you intend to circulate this book at some point, by either self-publishing or selling it to a publisher? If so, you'll need permission from the copyright holder of the song to avoid infringing on the copyright. Depending upon the artist/song/etc., you could get a license for that sort of use for anything ranging from "free" to a nominal amount of money. You can usually find out who the publisher is from the liner notes. It often also says which royalty agency (ASCAP, BMI, etc.) handles that publisher's materials. Contact the agency, and explain what you're doing with the song, and they will probably be able to give you an answer over the phone. If you're going with an actual book publisher (instead of self-publishing), this should all be handled by the publisher during the "clearance" process for the book. In any event, I wouldn't worry about it while you're "just writing", unless it's *so* critical to the content that the book will fall apart without it. quote:2. Have a screenshot of a craigslist ad in my book. The craigslist ad was written by me. It's a screenshot of me viewing the ad in firefox using windows xp. I think that the issue here isn't copyright -- it's trademark. The only way it could be copyright would be if the terms and conditions for Craigslist assign a copyright to them for anything that you post. I don't know -- I've never looked at their T&C. Their general layout/format isn't really a proper subject for a copyright, so -- unless you've given the rights to the content to them -- you're probably safe on that count. For trademark, the operative question is "how are you using this image that includes the Craigslist site?" Much of Craigslist has a very "bare bones" design aesthetic, so for them to make a trade dress claim may be a big stretch. Depending upon how you're using the image, you could be sufficiently safe by adding a disclaimer (along the lines of "Bodybuilding Virgin 420 is not affiliated, associated with, or partnered with Craigslist in any way or form. This image is used without authorization or approval from Craigslist." If it could still be an issue, you should contact craigslist and see if they'll give you a license or release. They may or may not, and they may or may not want to charge you for it.
|
|
#
?
Feb 15, 2011 20:03
|
|
|
AboveAndBeyond posted:I live with 3 other people and they have all broken our lease in one way or another and our landlord has done nothing to check on it. I am trying to get out of the lease as an effect of them all breaking it for somewhere better to live. There are two terms in the lease though, that I am now unsure of and need some clarification. This is in Norfolk, VA, and I have not seen anyone about this before. Georgia attorney here. What do you mean, "they have all broken our lease in one away or another"? Have they broken it as in "abandoned/moved out," or as in, "have a dog when the lease says no animals"? In any event, you usually can't terminate a lease because your co-lessees are causing breaches. In fact, most multiple-tenant leases make all of the tenants responsible (as a group) to the landlord. You're right on the meaning of the "WAIVER" paragraph. A landlord can let any number of breaches slide without making any future breach (even for the same thing) okay. The best example of this is the due date for rent. Example: The lease says that it's due on the first and late after the 3rd with a $50 penalty. You've paid your rent on the 5th (i.e., late) every month so far , but the landlord has been accepting it with no late penalty. He can choose to invoke the penalty for any future late payment, and you can't claim that he's lost that right by taking your rent late (with no penalty) in the past. The termination provision is one-sided, and that's in favor of the landlord. If there's no special termination provision for the tenants, breaking the lease can result in you (and that means *all four of you collectively*) owing the landlord *up to* the remaining total amount of the rent. Does the lease have an "early termination" provision? Or a "liquidated damages" provision? How much time is left on the lease? Being on a lease with 3 other people is a nightmare, unless you're the A-Team or the Fantastic Four or something. What a lot of college students don't understand is that if ONE roommate can't/won't/doesn't pay rent, the landlord can usually sue any combination of the tenants to get the money (it's "joint and several" liability in most cases).
|
|
#
?
Feb 15, 2011 20:13
|
|
|
htabz posted:Is it possible to terminate a contract while in material breach, from the person who is not following through on the agreement? He has a termination clause (60 days written notice) but fell way behind on the contract and now is kinda just like "Well, I quit" Yes and no. If the contract can be unilaterally terminated by either party, then they can end the contract. Usually, that means it ends as of the notice that it's being terminated. However, that doesn't usually "undo" breaches prior to termination. Example: You're renting an apartment from me on a month-to-month basis. You pay me rent on the 1st, you get to stay for that month. You can terminate at any time by telling me. You fail to pay me rent for two months in a row, but don't move out. You then tell me that you're not going to remain in the apartment and move out. You *still owe me* two months' rent. The fact that you terminated and moved out doesn't change that. I can sue you for the two months' rent. With the facts that you state, if he's "behind" and has to give a 60-day notice to terminate, you could sue for: (1) all of the "behind" prior to the notice, and (assuming that he doesn't perform during the 60-day period between notice and termination) PLUS (2) the 60-day notice period (or the end of the original contract, if it had a finite limit, whichever is shorter). What kind of contract is it? If he's buying things from you, you should stop delivering them upon notice, so that you don't run up your damages. If it's the reverse (e.g., he's supposed to deliver widgets every week, and hasn't been performing), and you can "cover" (i.e., get them from another source), he's liable to you for any extra cost you incur. Lots of options.
|
|
#
?
Feb 15, 2011 20:20
|
|
|
A related question on video surveillance in the workplace -- A small amount of reading on Google says that employees can have some expectation of privacy in break areas, like a lounge, or in areas like a shower or bathroom. Hypothetically, if a company put into its employment contract notice of video surveillance in various areas, and put up a sign under surveillance cameras in said areas, so that it was unconcealed surveillance, would that be illegal in any way? This stems from an argument at work about what would be illegal. We have a kitchen area that also doubles as the hang out lounge. A coworker argues that because at least for some functions, it is not a work area, that the surveillance could be illegal. I argue that, as long as the company makes it perfectly clear that it's monitoring video, then it'd be legal (but pretty demoralizing). One point of contention would be how the recorded video could be used. If the company wanted to fire someone over a violation recorded on video, would that could as any misappropriation of the firee's image rights? We're in MA, which I read has certain protections for workplace surveillance.
|
|
#
?
Feb 15, 2011 21:38
|
|
|
Note: I'm not a MA practitioner. I remember hearing about a case back in 2006 wherein the MA Supreme Judicial Court said an employer can record anywhere where an employee has no "objectively reasonable expectation of privacy." My reading is that any area which is accessible by other employees is not a place where you can have such an expectation. ACLU's reaction: http://www.aclum.org/news/04.13.06.NelsonvSalemState.pdf The opinion: http://scholar.google.com/scholar_case?case=15279640524387495001&hl=en&as_sdt=2&as_vis=1&oi=scholarr Here's a little ditty which mentioned the Nelson case. It was posted 9 months ago, so I'm guessing it was current law as of the time of the posting. http://www.avvo.com/legal-guides/ugc/video-surveillance---when-is-it-legal Again, not a MA practitioner.
|
|
#
?
Feb 15, 2011 22:04
|
|
|
Quick update (all contact is done through text messages). The landlord has been getting increasingly crazy towards us (my husband and I) who is renting one of his units. We asked him for the 24hour notice for repairs and revoked our right to assign the lease, which gave us the ability to file a 30 day notice of lease termination. He just got the paperwork today in the mail based on this next part. He left another 24 hour notice on our door for tomorrow, but it was dated YESTERDAY making it invalid. He then messaged us a "go gently caress yourselves" when we asked for another one. I replied with a neutral message asking for a proper notice or we'd call the police if he tried to illegally enter. He sent back "again, go gently caress yourself" Then came a barrage of "I'm contacting my lawyer to see if it's legal for you to record our previous conversation [and use the transcript]!" and bullshit. Even if we aren't allowed to use it, we have a few dozen text messages of him being an rear end in a top hat and making claims like that. Basically, what options do we have? (We live in Ontario) We already have a hearing with the landlord tenant board for march 23, which we'll try to fast track into February, and we have the police's number in case he tries to illegally enter our unit or get lovely with us in person. We're both really stressed out though and need to get out by the end of the month, while the 30 day notice ends half way through march. Uerhg.
|
|
#
?
Feb 15, 2011 23:43
|
|
|
KellyLama posted:Georgia attorney here. They broke it as in, no pets, and brought in a pet rat of all things. So if I broke it too, not just 3/4 of the residents, would that be reasonable enough cause, sans waiver? quote:
There is one, though it is all tenants and with a no less than 60 day notice, plus 2 months rent. quote:Being on a lease with 3 other people is a nightmare, unless you're the A-Team or the Fantastic Four or something. What a lot of college students don't understand is that if ONE roommate can't/won't/doesn't pay rent, the landlord can usually sue any combination of the tenants to get the money (it's "joint and several" liability in most cases). My biggest argument is that since the landlord has failed to act it has arrived to a constructed eviction situation. By law, that means I can submit my notices and stop paying rent and move out unless the notices are filed, then can sue for damages, correct? Especially since it so happens I have a dog allergy and the people above me got some kind of waiver for a small dog (but still one nonetheless) which would cause a health hazard to the premises. No, I was not informed of the animal moving in, I found out today. That among other seemingly hazardous to my health situations would seem to be reasonable. Would it be my landlord or local officials though for people breaking the noise ordinance?
|
|
#
?
Feb 16, 2011 05:54
|
|
|
Ramsey County, MN. I have some inheritance funds from my mother's estate that were placed in a court-locked CD at U.S. Bank when I was a minor. Being of legal age now to withdraw I sent in a petition & order deliver funds to the courthouse and they sent me back a copy and a letter saying they've also sent one to the bank. This was four weeks ago. I haven't received any other information from the bank or the court since then. Does anyone know how long something like this would take to receive, and who I should contact if it never shows up? Talking to the bank didn't help as they just told me that they didn't know.
|
|
#
?
Feb 16, 2011 11:14
|
|
|
AboveAndBeyond posted:They broke it as in, no pets, and brought in a pet rat of all things. Nope. Your (AboveAndBeyond's) right to terminate the lease (other than via the termination clause you mention (below) is in *no way* based on how your roommates behave. You are all on one side of the transaction and the landlord is on the other. If your roommates are breaching/being a-holes/etc., that's your problem, not the landlord's, and gives you no grounds for breaching or terminating the lease. The waiver provision totally protects the landlord from this sort of argument. Just because he hasn't enforced other breaches is no grounds to enforce the lease, at any time, against any current or future breach. quote:There is one, though it is all tenants and with a no less than 60 day notice, plus 2 months rent. Well, there's your answer right there. If you don't go this route, and tried to "immediately" terminate the lease (or abandoned he apartment, etc.) I would expect the landlord to be able to sue any and/or all of you for (1) any unpaid rent; (2) the 60 days (2 months) rent for the notice period; and (3) the 2 months "early termination" rent (i.e., liquidated damages). quote:My biggest argument is that since the landlord has failed to act it has arrived to a constructed eviction situation. Again, I'm a Georgia lawyer, and your state may have some crazy law that's way out of line with the rest of the country, but if it doesn't (and I would wager that it doesn't), let me stop you right there. "Constructive eviction" is a situation that happens only when the landlord is so negligent in maintaining the property that it is objectively unable to be safely occupied. If your toilet backs up and puts several inches of poo poo on your bathroom and hallway floors, THAT IS NOT CONSTRUCTIVE EVICTION. It becomes constructive eviction if the landlord doesn't fix it in a reasonable amount of time. If it's -10F in February outside, and your heat goes out, THAT IS NOT CONSTRUCTIVE EVICTION. It could become constructive eviction if the landlord doesn't fix your heat or provide you with heaters, etc. in a reasonable period of time. quote:Especially since it so happens I have a dog allergy and the people above me got some kind of waiver for a small dog (but still one nonetheless) which would cause a health hazard to the premises. No, I was not informed of the animal moving in, I found out today. That among other seemingly hazardous to my health situations would seem to be reasonable. You think that your neighbors having a dog is a "health hazard" on the premises? You think that you should be informed that a dog is going to move in? That's not reasonable, and it's not constructive eviction. If you wanted to pay my hourly rate, and insisted that that was the only grounds you had for breaching the lease/not paying rent, I'd make that argument in court, but I am 99.99995% certain that it would fail, and that the judge would probably laugh out loud. If you want to be sure that there's no animal living in the same structure with you, I suggest that you buy (or rent) a house, or rent all of the other apartments in your building OR find a property that absolutely does not allow pets *and make sure that you get them to make that absolute, property-wide bar a term of your lease*. quote:Would it be my landlord or local officials though for people breaking the noise ordinance? Both, but you also can't get "constructive eviction" out of noisy neighbors. If your neighbors are loud, and your community has noise ordinances, you're within your rights to call the police and have them cited. You can also call your landlord. But unless the noise is *so loud* and *so constant* (constant means 24/7 -- not "every Saturday night") that an average person just could not live there, you're not even close to constructive eviction.
|
|
#
?
Feb 16, 2011 15:23
|
|
|
|
| # ? Jun 1, 2024 03:48 |
|
|
Tiny Baby Kittens posted:Ramsey County, MN. Call the court office that sent you the confirmation letter (probably the clerk's office) and get all of the facts (off of the top of my head, 0the most important ones would be: the name and address of the bank that they sent the letter to (to make sure that it was addressed correctly) and the date that the court/clerk sent the letter to the bank). If there's some sort of official document that was generated by the Court, get a copy of that, too. If it's a "certified" document (in Georgia, that means that it's stamped and/or notarized by the Clerk) there may be a fee to get it and/or you may have to go in person to get it. Assuming that everything has checked out (i.e., the court sent it; it didn't come back undelivered; they had the right address, etc.), then call the bank and don't take "We don't know anything." as an answer. If it gets to the point where they really don't have the document (that you should, by now, be *certain* was sent to them), find out what you can do to get the document into the right person's hands. Honestly, if everything is correct, it's your money, and, in all likelihood, it should be available to you 60 seconds or so after whatever bank employee reviews the letter from the court authorizing the bank to do what you tell them to.
|
|
#
?
Feb 16, 2011 15:30
|
|