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baquerd
Jul 2, 2007

by FactsAreUseless

amishsexpot posted:

I was injured at work (fell butt-first through a glass table :lol: and had internal injuries) and my boss, "Reynaldo" was a witness. Reynaldo only does corporate securities legal work.

The firm's only litigators, "Juan" (partner) and "Pedro" (associate) are representing me on this matter. Though they were in the office when I got injured, they were not witnesses and will not be called in as witnesses on the stand. Only Reynaldo was a witness, but he is doing no work on my case.

So you were injured at work and you are suing your work for personal injury while being represented by your work's lawyers?

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Onox
May 24, 2010
Okay this is a long one.

I'm a student in San Francisco and I wanted to stay in San Francisco even after we were supposed to move out of the dorms so I was looking for an apartment to stay at. I contacted a girl from one of my classes and asked if I could stay at her place. She said yes and that I would have the place all to myself because her and her roomate both were going back to Sweden for the summer. She left me the keys and I've been staying here ever since the beginning of the summer. I got fired shortly after I moved in so I've been having a tough time even paying for food and she said she didn't need the rent in one bulk and that I could pay it in bits as I go. Problem is, I don't know how. I don't have a job at the moment. Her parents pay for it so I know that it's all paid for regardless. I accidently didn't respond to one of her emails the other day and she sent me back an angry email saying that she would sue me and that her parents were lawyers (or something like that) and that she came from a wealthy family. I never signed a lease and my name is on literally nothing in this apartment. What's the legality of not paying up besides it being morally wrong. It's not that I won't, it's that I can't.

raccooncityransom
Sep 9, 2010
I have a brief question for those of you familiar with Canadian law.

Approximately a month ago, I accidentally scratched the paint on my former roommate's car. She knows it was an accident and I offered to have it repainted as soon as I can afford. She accepted at the time, but has changed her mind and is now threatening to send the police to my place of work.

What I would like to know is: will the police have anything to do with this? I can't think on what grounds they would involve themselves as there was no theft or vandalism was involved. But I am still worried as police officers showing up looking for me wouldn't exactly be good for my reputation.

If anyone can see fit to help me I would appreciate it.

Thanks.

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

amishsexpot posted:

I'm currently the Plaintiff in a personal injury lawsuit in NY state/county.

I was injured at work (fell butt-first through a glass table :lol: and had internal injuries) and my boss, "Reynaldo" was a witness. Reynaldo only does corporate securities legal work.

The firm's only litigators, "Juan" (partner) and "Pedro" (associate) are representing me on this matter. Though they were in the office when I got injured, they were not witnesses and will not be called in as witnesses on the stand. Only Reynaldo was a witness, but he is doing no work on my case.

Is there a problem with the firm representing me?

Juan, an experienced litigator, said "probably no." Pedro also said no, and here is his analysis of the court rules:


Juan and Pedro are confident it won't be an issue that the firm is representing me, but I've heard from other lawyers (including one experienced personal injury lawyer) that there could be serious conflicts.

Any thoughts? Thanks, law-goons.

By the way, if anyone can recommend an excellent personal injury lawyer in New York City for me, I'll take you out for lunch/drinks. :wink:
Are you suing the law firm or the table manufacturer?
If you're suing the law firm, it is a clear conflict.
If you're suing the table manufacturer, it probably has some issues as you've pointed out. I would seek an outside consult from an NYS admitted attorney in this case.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

Onox posted:

Okay this is a long one.

I'm a student in San Francisco and I wanted to stay in San Francisco even after we were supposed to move out of the dorms so I was looking for an apartment to stay at. I contacted a girl from one of my classes and asked if I could stay at her place. She said yes and that I would have the place all to myself because her and her roomate both were going back to Sweden for the summer. She left me the keys and I've been staying here ever since the beginning of the summer. I got fired shortly after I moved in so I've been having a tough time even paying for food and she said she didn't need the rent in one bulk and that I could pay it in bits as I go. Problem is, I don't know how. I don't have a job at the moment. Her parents pay for it so I know that it's all paid for regardless. I accidently didn't respond to one of her emails the other day and she sent me back an angry email saying that she would sue me and that her parents were lawyers (or something like that) and that she came from a wealthy family. I never signed a lease and my name is on literally nothing in this apartment. What's the legality of not paying up besides it being morally wrong. It's not that I won't, it's that I can't.

So she probably has enough in the emails you sent her to show that the two of you had an agreement over rent, right? But on the other hand you probably have no assets to your name, so suing you would get her nothing. Do you think her parents even know that you are living there? Maybe she is having you live there without their knowledge, so they are covering her rent and you are just extra money for her that mom and dad don't know about. If that's the case, what do you think the likelihood is that any legal action would be taken?

A.s.P.
Jun 29, 2006

They're just a bunch of shapes. Don't read too deeply into it.

baquerd posted:

So you were injured at work and you are suing your work for personal injury while being represented by your work's lawyers?

Haha what?? God no. The suit is against the manufacturer.

nm posted:

Are you suing the law firm or the table manufacturer?
If you're suing the law firm, it is a clear conflict.
If you're suing the table manufacturer, it probably has some issues as you've pointed out. I would seek an outside consult from an NYS admitted attorney in this case.

I asked a friend's dad - a personal injury lawyer with 40 years of experience (but who does work for the Defendant's side) - for a referral for a consultant, but he told me it's generally really "bad form" to hire lawyers as consultants. He's also the guy who said there would likely be a conflict.

:sigh:

I think I'm just going to find new counsel to take over my case on a contingency basis.

Soylent Pudding
Jun 22, 2007

We've got people!


amishsexpot posted:

Haha what?? God no. The suit is against the manufacturer.


I asked a friend's dad - a personal injury lawyer with 40 years of experience (but who does work for the Defendant's side) - for a referral for a consultant, but he told me it's generally really "bad form" to hire lawyers as consultants. He's also the guy who said there would likely be a conflict.

:sigh:

I think I'm just going to find new counsel to take over my case on a contingency basis.

Ask him again about who you should hire. If he has 40 years experience he should be able to recommend someone good.

Onox
May 24, 2010

dvgrhl posted:

So she probably has enough in the emails you sent her to show that the two of you had an agreement over rent, right? But on the other hand you probably have no assets to your name, so suing you would get her nothing. Do you think her parents even know that you are living there? Maybe she is having you live there without their knowledge, so they are covering her rent and you are just extra money for her that mom and dad don't know about. If that's the case, what do you think the likelihood is that any legal action would be taken?

There aren't that many emails between us maybe two or three. I don't know if her parents know about me staying there. Is it possible to ask her without letting on about payments?

I forgot to mention, she is completely Swedish (she speaks perfect english) but she is a Swedish citizen.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

Onox posted:

There aren't that many emails between us maybe two or three. I don't know if her parents know about me staying there. Is it possible to ask her without letting on about payments?

I forgot to mention, she is completely Swedish (she speaks perfect english) but she is a Swedish citizen.

Do her parents live in Sweden or the US?

Onox
May 24, 2010
Sweden.

Schitzo
Mar 20, 2006

I can't hear it when you talk about John Druce

amishsexpot posted:

Haha what?? God no. The suit is against the manufacturer.


I asked a friend's dad - a personal injury lawyer with 40 years of experience (but who does work for the Defendant's side) - for a referral for a consultant, but he told me it's generally really "bad form" to hire lawyers as consultants. He's also the guy who said there would likely be a conflict.

:sigh:

I think I'm just going to find new counsel to take over my case on a contingency basis.



If I acted for the table manufaturer, I'd third party your employer arguing improper installation / bad maintenance / whatever. Then it really gets messy.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

Onox posted:

Sweden.

So the premise is that this girl is a Swedish citizen (is she just in the US on a student visa?), whose parents are living in Sweden? You have no signed contract, just some emails? And you have no job, so no income and no assets?

john mayer
Jan 18, 2011

Onox posted:

Sweden.

I seriously doubt her parents are going to come to the states, take the bar in your state just to sue you, all this knowing you have no assets which is why you're not paying rent.

Onox
May 24, 2010

john mayer posted:

I seriously doubt her parents are going to come to the states, take the bar in your state just to sue you, all this knowing you have no assets which is why you're not paying rent.

An exact quote from her email: "I agreed to let you stay in our place because amanda told me you are reliable and trustworthy. Amanda dont even pay for the place during this summer so it's all on me. Right now I haven't gotten a single word from you, which is for me very insulting and concerning. Please answer ASAP or I'll drag family lawyers etc into the picture, i come from a very wealthy family and they don't accept this..."

Bonefish
Jul 29, 2008
Traffic Ticket dispute question: My girlfriend was just pulled over for a broken headlight. This was her first time getting pulled over at all. She was flustered. In the process of pulling over from the left lane, instead of pulling across 2 lanes to the right shoulder, she turned on her blinker, slowed down, took a left through a green arrow light about 100 feet down the road, and stopped on a side street. The cop gave her a $120 ticket for failing to yield to an emergency vehicle because he thought she was running away, as well as her broken light. This should be easily won in traffic court, right?

IzzyFnStradlin
Jun 19, 2004
Does anyone know of any federal (or state) cases where a FRCP 30(b)(6)deponent has been allowed to supplement his deposition with testimony given in other 30(b)(6) depositions in prior cases?

Basically, this guy has been a 30(b)(6) deponent in like 15 different cases on the SAME issue, and is getting old, and tired of this crap. I want to get him out of having to do a full day's deposition by convincing the court to allow his prior testimony to suffice, in whole or in part. I am stumped. *this is not for school* thanks!

IzzyFnStradlin fucked around with this message at 11:21 on Aug 4, 2011

kimbo305
Jun 9, 2007

actually, yeah, I am a little mad
How far could you ripoff a shape of a racetrack? Currently, only EA Games is licensed to reproduce the Bathurst track in racing games. What essentially defines a race track? The specific shape of the road? Possibly the visual environment around it?

If a game developer wanted to supply a track that was equivalent to Bathurst, how much could they get away with? Would the same track shape in a completely different environment be defensible?

entris
Oct 22, 2008

by Y Kant Ozma Post

IzzyFnStradlin posted:

Does anyone know of any federal (or state) cases where a FRCP 30(b)(6)deponent has been allowed to supplement his deposition with testimony given in other 30(b)(6) depositions in prior cases?

Basically, this guy has been a 30(b)(6) deponent in like 15 different cases on the SAME issue, and is getting old, and tired of this crap. I want to get him out of having to do a full day's deposition by convincing the court to allow his prior testimony to suffice, in whole or in part. I am stumped. *this is not for school* thanks!

Is this for a clinic or work - are you supervised by an attorney on this? Because you are just a law student and shouldn't be doing this, otherwise.

Kosani
Jun 30, 2004
Ni ni.
edit for saftey

Kosani fucked around with this message at 18:08 on Aug 5, 2011

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Kosani posted:

Do I have anything to worry about?
Based upon the information you've provided, I haven't the slightest idea.

Kosani posted:

If she takes me to court (can she?)
Sure. All she has to do is pay a filing fee.

Kosani posted:

would I even need to bother getting a lawyer?
Based upon the information you've provided, I haven't the slightest idea. Is the money you stand to lose more than the price of a lawyer? Maybe.
Small claims court is designed for non-lawyers, so you'll be at the same advantage/disadvantage as your ex.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Bonefish posted:

Traffic Ticket dispute question: My girlfriend was just pulled over for a broken headlight. This was her first time getting pulled over at all. She was flustered. In the process of pulling over from the left lane, instead of pulling across 2 lanes to the right shoulder, she turned on her blinker, slowed down, took a left through a green arrow light about 100 feet down the road, and stopped on a side street. The cop gave her a $120 ticket for failing to yield to an emergency vehicle because he thought she was running away, as well as her broken light. This should be easily won in traffic court, right?

Find the exact statute she's charged with violating and post it here. It should say something like "Failure to Yield 3rd, AS 12.25.030(b)(3)" on the ticket.

Kosani
Jun 30, 2004
Ni ni.

joat mon posted:

Based upon the information you've provided, I haven't the slightest idea.

Sure. All she has to do is pay a filing fee.

Based upon the information you've provided, I haven't the slightest idea. Is the money you stand to lose more than the price of a lawyer? Maybe.
Small claims court is designed for non-lawyers, so you'll be at the same advantage/disadvantage as your ex.

What more information do you need? I don't understand how you can say that we will be at the same advantage/disadvantage considering that the burden of proof is on her and she has none.

Kosani fucked around with this message at 15:59 on Aug 5, 2011

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

Kosani posted:

What more information do you need?
Information that you may not want to provide on a public forum or to somebody who isn't your lawyer. That is, the actual facts (good and bad) of your case, upon which a non-emotionally involved outsider could offer general advice and guidance. For example, "I moved in with her in January when her roomate left and we split the bills until things started going downhill in April and I left in July and now she wants my share of the bills for the last three months plus rent to the end of her lease BUT THERE'S NO DOCUMENTATION OF ANYTHING."
(Lack of documentation doesn't mean she loses, it just means that the proof to support her side isn't as strong as it would be with documentaion - on the other hand, if your argument is just "there is no documentation," you probably won't do very well.)

Kosani posted:

I don't understand how you can say that we will be at the same advantage/disadvantage considering that the burden of proof is on her and she has none.

I meant same advantage/disadvantage with regard to having/needing a lawyer. You're right as to burden of proof, though. However, 'more likely than not' isn't a very high burden.

Sir Sidney Poitier
Aug 14, 2006

My favourite actor


Can anyone tell me about powers of attorney in England? Most of what I've heard is from people who are in no way qualified.

First let me tell you what I heard. My ex girlfriend's grandmother had one of these set up, so that her son could have power of attorney if she was no longer fit to make decisions for herself. When she fell ill suddenly, he was unable to invoke this because he said it required her to be certified unfit and that would take too long. He said that because of this, he couldn't get her the care she needed, and that one should get a power of attorney that the receiver of the power can invoke themselves.

Does such a thing exist? Can my parents get one set up so that I can choose when to invoke the power myself? I am still young (mid twenties) but it's one of those things that I feel you'd set up beforehand and my mother had proposed getting one set up just in case.

Alchenar
Apr 9, 2008

Anjow posted:

Can anyone tell me about powers of attorney in England? Most of what I've heard is from people who are in no way qualified.

First let me tell you what I heard. My ex girlfriend's grandmother had one of these set up, so that her son could have power of attorney if she was no longer fit to make decisions for herself. When she fell ill suddenly, he was unable to invoke this because he said it required her to be certified unfit and that would take too long. He said that because of this, he couldn't get her the care she needed, and that one should get a power of attorney that the receiver of the power can invoke themselves.

Does such a thing exist? Can my parents get one set up so that I can choose when to invoke the power myself? I am still young (mid twenties) but it's one of those things that I feel you'd set up beforehand and my mother had proposed getting one set up just in case.

Yes. What you want is a lasting power of attorney.

It's actually fairly easy to set up, though you need to pay a small fee to register it.

Here's some basic reading material: http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373

Here's some slightly more technical reading material: http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373

Alchenar fucked around with this message at 16:11 on Aug 7, 2011

semicolonsrock
Aug 26, 2009

chugga chugga chugga

Kosani posted:

edit for saftey

Hey man, I missed your post, but it loks like an organisation like this: http://community.harvard.edu/programs/small-claims-advisory-service-scas could help you out, although it depends state-by-state.

Sir Sidney Poitier
Aug 14, 2006

My favourite actor


Alchenar posted:

Yes. What you want is a lasting power of attorney.

It's actually fairly easy to set up, though you need to pay a small fee to register it.

Here's some basic reading material: http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373

Here's some slightly more technical reading material: http://www.direct.gov.uk/en/Governmentcitizensandrights/Mentalcapacityandthelaw/Mentalcapacityandplanningahead/DG_186373

Thanks for the information. It appears that the link you provided says that a court or medical professional will be involved in the decision to activate the power, which is what my ex's dad spoke of. Do you know if there is one where that isn't necessary? I don't have any sinister designs on my parents' assets, I promise.

It seemed to me that if someone trusted you enough to say you can make decisions for them then they'd trust you enough to let you decide when to activate that power. But I'm no legal professional, maybe there are lots of good reasons I've not thought of.

Alchenar
Apr 9, 2008

Anjow posted:

Thanks for the information. It appears that the link you provided says that a court or medical professional will be involved in the decision to activate the power, which is what my ex's dad spoke of. Do you know if there is one where that isn't necessary? I don't have any sinister designs on my parents' assets, I promise.

It seemed to me that if someone trusted you enough to say you can make decisions for them then they'd trust you enough to let you decide when to activate that power. But I'm no legal professional, maybe there are lots of good reasons I've not thought of.

The power in a lasting attourney 'active' from the moment the declaration is registered.

The need for a reliable independent person to verify that there's no coersion involved is fairly obvious.

fredor
Apr 10, 2007
Is there a reason they don't teach basic law, like knowing your rights and what to do if arrested for a crime, in high school? Maybe they do in the US, but they sure don't in Canada, as far as I'm aware.

dvgrhl
Sep 30, 2004

Do you think you are dealing with a 4-year-old child to whom you can give some walnuts and chocolates and get gold from him?
Soiled Meat

fredor posted:

Is there a reason they don't teach basic law, like knowing your rights and what to do if arrested for a crime, in high school? Maybe they do in the US, but they sure don't in Canada, as far as I'm aware.

The US doesn't have a national school system, it's all community based so it's going to vary community to community for what is taught, and how well it is taught. I know I was always taught that you have nothing to gain by talking to the police, but there is definitely a sizable portion of the population that follows the "if you haven't done anything wrong you have nothing to hide" mentality. The US is too big and diverse both socially and economically to expect uniformity in education.

skeet decorator
Jun 19, 2005

442 grams of robot
When I signed the lease for my apartment I also signed an addendum for concessions. On the concession addendum it states that "this Addendum to Apartment Rental Agreement will become part of the Apartment Rental Agreement dated AUGUST 13, 2010 beginning AUGUST 13, 2010." However, the lease I signed is dated August 11th, 2010. What I'm wondering is, with the dates not matching would the concession addendum hold up if I were to default on my lease?

Oh, and this is in Georgia.

Soylent Pudding
Jun 22, 2007

We've got people!


skeet decorator posted:

When I signed the lease for my apartment I also signed an addendum for concessions. On the concession addendum it states that "this Addendum to Apartment Rental Agreement will become part of the Apartment Rental Agreement dated AUGUST 13, 2010 beginning AUGUST 13, 2010." However, the lease I signed is dated August 11th, 2010. What I'm wondering is, with the dates not matching would the concession addendum hold up if I were to default on my lease?

Oh, and this is in Georgia.

To me this just sounds like a scrivener's error. I wouldn't rely on the Addendum not holding up, because at the very least it's going to be a messy fight in front of the magistrate even if they throw it out. I'm not a lawyer though so you should not consider this legal advice. If it's a matter of more than curiosity, you should consult a real lawyer.

ZebTM
Jul 7, 2009



So I've been medically unfit to work for roughly the past two years (my doctor tells me straight up not to get a job and the few times I've tried anyway have been disastrous). While I still might get better, it doesn't seem to be happening anytime soon so in the meantime I would like to try filing for disability.

Where should I start?

What is some general advice for what to include/not include on my application? (or, where on the internet can I find such tips and advice?)

Should I hire a lawyer to help me now, or should I wait until a later point in the process (such as after being rejected should that happen)?

I fail the "recent work test" described here but I've been led to believe that there's some other kind of disability I can get anyway. This is in Ohio, and I'm 20 years old (about a month away from turning 21)

Javid
Oct 21, 2004

:jpmf:
I'm pretty sure you can just go into any social security office and pick up the forms to apply. Pretty much any disability lawyer can point you in the right direction, and will do so free of charge. Once you actually hire them (which may not be until much later in the process) they'll work for an eventual cut of your back payments should they win, so you're not out of pocket. I can't suggest a firm in your area specifically, though.

ZebTM
Jul 7, 2009



Javid posted:

I'm pretty sure you can just go into any social security office and pick up the forms to apply. Pretty much any disability lawyer can point you in the right direction, and will do so free of charge. Once you actually hire them (which may not be until much later in the process) they'll work for an eventual cut of your back payments should they win, so you're not out of pocket. I can't suggest a firm in your area specifically, though.

Alright thanks, I'll look up my social security office tomorrow then. I live in a smallish town (~18k pop) so I'm not sure if any of the lawyers here do disability but I'll ask around.

Volkeren
Oct 25, 2007

Laws are for people who don't breed killer monsters for a living.
Washington State goon here, asking for some much needed advice since I have never been in this situation before, nor did I ever expect I would be:

So I just found out today something that my roommate was hiding something from me, the fact that we have recently received a letter in the mail from our landlord dated 7-19-2011. The letter states that he has received a number of complaints from our neighbors "about your dog, but most recently had to do with yelling and screaming coming from your residence. As stated in your rental agreement, any disturbance that requires local police interaction will result in the termination of your agreement with us. So this letter serves as notice that your tenancy with us is being terminated immediately due to the incident in which local law enforcement were called to your residence... this is effective immediately, so your promptness in this matter is appreciated."

Edit: The letter is not signed or on letterhead or anything, just typed up and printed out with the name of his company on the envelope the letter was sent in.

The police have been called approximately three times due to my roommate yelling and screaming, and once on account of her large, outside dog barking.

The lease does state, "Any disturbances that involve local police intervention will result in the immediate termination of your tenancy agreement with forfeiture of all deposits held by the landlord." However, there were never any formal charges made by the police, just checking, taking information, and in the case of the dog, asking if I could quiet him up (which I did, and they left).

According to my roommate, her last communication with the landlord was brief interaction via text message to tell him that we are working on finding a new place, and that his response was "ok, very good." (Edit: apparently this text was from yesterday) Also according to my roommate, who has allegedly been going to the city courthouse "every other day," there are no eviction proceedings in the works. Edit: She claims to have been looking for a new place to stay "for the last two weeks."

Our rent is paid through the end of this month.

Trying to figure out exactly how hosed I am, my questions are thus:

1) Does it sound like the landlord has a valid reason for evicting us?
2) At this point, is a formal eviction inevitable, or if we comply with his desires is it possible that we may get out without anything being added to our rental history record?
3) For #2, would that potentially be the same as violating our lease prematurely? (i.e., waiving our deposits or whatever)
4) According to my roommate (who claims to know several landlords, someone who works at the courthouse, etc), says that the notice is "bullshit" and that we have 3 months to move out. Does this seem crazy to you, or?
5) Any suggestions?
edit: 6) I am hoping to give my notice of vacating the residence before the 10th (20 days, so I do not incur having to pay September rent in full), and to simply eat my presumably lost deposits and hopefully get out of this without a "this tenant was once evicted" stamp on my rental history. Does this sound possible, if the landlord isn't going to push hard for legal action?

Suffice it to say, I will be looking for my own place to stay after this whole mess is sorted out.

For anyone who could offer any suggestions or advice, I would really appreciate it! Thanks in advance.

Volkeren fucked around with this message at 23:18 on Aug 8, 2011

Soylent Pudding
Jun 22, 2007

We've got people!


Volkeren posted:

Washington State goon here, asking for some much needed advice since I have never been in this situation before, nor did I ever expect I would be:

So I just found out today something that my roommate was hiding something from me, the fact that we have recently received a letter in the mail from our landlord dated 7-19-2011. The letter states that he has received a number of complaints from our neighbors "about your dog, but most recently had to do with yelling and screaming coming from your residence. As stated in your rental agreement, any disturbance that requires local police interaction will result in the termination of your agreement with us. So this letter serves as notice that your tenancy with us is being terminated immediately due to the incident in which local law enforcement were called to your residence... this is effective immediately, so your promptness in this matter is appreciated."

Edit: The letter is not signed or on letterhead or anything, just typed up and printed out with the name of his company on the envelope the letter was sent in.

The police have been called approximately three times due to my roommate yelling and screaming, and once on account of her large, outside dog barking.

The lease does state, "Any disturbances that involve local police intervention will result in the immediate termination of your tenancy agreement with forfeiture of all deposits held by the landlord." However, there were never any formal charges made by the police, just checking, taking information, and in the case of the dog, asking if I could quiet him up (which I did, and they left).

According to my roommate, her last communication with the landlord was brief interaction via text message to tell him that we are working on finding a new place, and that his response was "ok, very good." (Edit: apparently this text was from yesterday) Also according to my roommate, who has allegedly been going to the city courthouse "every other day," there are no eviction proceedings in the works. Edit: She claims to have been looking for a new place to stay "for the last two weeks."

Our rent is paid through the end of this month.

Trying to figure out exactly how hosed I am, my questions are thus:

1) Does it sound like the landlord has a valid reason for evicting us?
2) At this point, is a formal eviction inevitable, or if we comply with his desires is it possible that we may get out without anything being added to our rental history record?
3) For #2, would that potentially be the same as violating our lease prematurely? (i.e., waiving our deposits or whatever)
4) According to my roommate (who claims to know several landlords, someone who works at the courthouse, etc), says that the notice is "bullshit" and that we have 3 months to move out. Does this seem crazy to you, or?
5) Any suggestions?
edit: 6) I am hoping to give my notice of vacating the residence before the 10th (20 days, so I do not incur having to pay September rent in full), and to simply eat my presumably lost deposits and hopefully get out of this without a "this tenant was once evicted" stamp on my rental history. Does this sound possible, if the landlord isn't going to push hard for legal action?

Suffice it to say, I will be looking for my own place to stay after this whole mess is sorted out.

For anyone who could offer any suggestions or advice, I would really appreciate it! Thanks in advance.

Reference guide for you: http://www.atg.wa.gov/ResidentialLT/default.aspx

McGiygas
Sep 25, 2010

by T. Mascis
My parents will most likely be getting a divorce. What I want to do is take my mother's maiden name, since my father and I are estranged (not legally, if that's a legal term.) Do I just fill out a regular name change form or do I have some other process I have to go through? If I do change my name, would there be any problems with transcripts from high school and college where I used my father's last name and would there be any problem with my current college enrollment? I'm a legal adult (19 years old) and I live in North Carolina.

orinth
Apr 15, 2003

NFC WEST IS THE BEST
Washington State here

I have a few questions about the lanlord-tenant laws. Basically, we've been renting our 2nd house out and ran into some issues with the last tenants leaving. They were approved for 1 dog as stated in the contract, but had multiple. They also had a cat that peed everywhere and the place was infested fleas. I've flea bombed the house 3 separate times and they're still around. They also smoked in the house.

Anyways, to make a long story short, in our rental contract, it is stated that we have 30 days to return their deposit or write them a letter stating why some or all of the deposit is forfeited. Now WA state law 59.18.280 states that we have 14 days to do so otherwise we would have to pay the full deposit back.

As we are outside of the 14 days, I'm prepared to give them the deposit (although I don't want to since we've had to spend a bit to get it back to normal).

Do we have a leg to stand on if the rental contract stated 30 days?

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Soylent Pudding
Jun 22, 2007

We've got people!


orinth posted:

Washington State here

I have a few questions about the lanlord-tenant laws. Basically, we've been renting our 2nd house out and ran into some issues with the last tenants leaving. They were approved for 1 dog as stated in the contract, but had multiple. They also had a cat that peed everywhere and the place was infested fleas. I've flea bombed the house 3 separate times and they're still around. They also smoked in the house.

Anyways, to make a long story short, in our rental contract, it is stated that we have 30 days to return their deposit or write them a letter stating why some or all of the deposit is forfeited. Now WA state law 59.18.280 states that we have 14 days to do so otherwise we would have to pay the full deposit back.

As we are outside of the 14 days, I'm prepared to give them the deposit (although I don't want to since we've had to spend a bit to get it back to normal).

Do we have a leg to stand on if the rental contract stated 30 days?

Landlord Tenant is one of those areas where you usually cannot contract around statutes. Again, here is a reference guide for you: http://www.atg.wa.gov/ResidentialLT/default.aspx

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