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entris posted:^^^^^what this guy said, too - is this a condo or a home that is subject to the rules of a homeowners' association? It's a town ordinance. We're in St. Joseph, it's a fairly small town. I don't know how anyone found out. I can't imagine how anyone could have unless a neighbor complained about it. A cop did show up yesterday and asked for a copy of our lease, but we had already found out before then. I'm heading out soon, so I won't be able to respond until tonight. Thanks in advance for any help you guys might be able to provide.
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Apr 30, 2012 19:08
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Incredulous Red posted:But he might be able to get her in Florida state court. Does an Internet contract meet the minimum contacts test? Why are all of you going for diversity jurisdiction? Depending on the 'contract' signed (especially if it doesn't have a "Works for Hire" provision), then he has copyright in what he did and can sue her under § 1331 jurisdiction.
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Apr 30, 2012 19:33
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ImperialMartini posted:Why are all of you going for diversity jurisdiction? Depending on the 'contract' signed (especially if it doesn't have a "Works for Hire" provision), then he has copyright in what he did and can sue her under § 1331 jurisdiction. ...after he has a copyright registered with or refused to register by the Library of Congress. $35-ish for the slow boat electronic version, $760 to expedite.
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Apr 30, 2012 19:38
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Zokari posted:It's a town ordinance. We're in St. Joseph, it's a fairly small town. I don't know how anyone found out. I can't imagine how anyone could have unless a neighbor complained about it. A cop did show up yesterday and asked for a copy of our lease, but we had already found out before then. Well, I was going to glance at the St. Joseph ordinances but the St. Joseph website requires an account and password so I don't have an easy way to look at the ordinances. Sounds like you guys are outta luck.
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Apr 30, 2012 19:40
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Could they at least sue the landlord for the cost of having to pack up and move immediately? I would really hope that leasing your place illegally makes you liable for loving up people's lives.
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Apr 30, 2012 20:30
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I guess that comes down to whether the renters have a duty to investigate town ordinances, or if they can reasonably rely on the landlord's representation that the property can be rented legally. I would hope that they could recover the cost of moving from the landlord, but I have no idea if that works out or not. It would be useful to see the ordinance.
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Apr 30, 2012 20:43
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I rent a townhouse in Arizona, Found out today after my car was towed that the HOA changed the rules about parking on the street and that a guest pass is now required. My landlord(the person I pay the rent too) did not know of these changes and the HOA told both of us that they sent certified letter to the home owner. Is the home owner legally obligated to notify its tenants of these changes? I had to pay 250$ to get my car out and I feel the owner should cover these costs given he did not notify or give us the parking passes needed to park on the street. Thank you
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Apr 30, 2012 23:39
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Nask26 posted:I rent a townhouse in Arizona, Found out today after my car was towed that the HOA changed the rules about parking on the street and that a guest pass is now required. My landlord(the person I pay the rent too) did not know of these changes and the HOA told both of us that they sent certified letter to the home owner. Is the home owner legally obligated to notify its tenants of these changes? I had to pay 250$ to get my car out and I feel the owner should cover these costs given he did not notify or give us the parking passes needed to park on the street. Thank you First, you need contact your landlord and see if he will allow you reduce your rent by that amount, and get him to state that in writing. Then, you need to read your lease. If it says you will abide by HOA rules, and includes an attachment of those rules, but not any provision to update the rules, you may have a case to take to small claims, because you followed the rules given to you by the lease. If it says you will abide by HOA rules, and says you are responsible for knowing and following all the rules, then you signed a lovely lease and are probably out of luck, as far as legal responsibility goes. As for the future, never sign a lease that allows the landlord or HOA to unilaterally change the rules on you. The last 2 leases I signed for renting a condo in an HOA, I demanded and got a clause that allowed me to break the lease immediately and with no penalty if any new rules were enacted that negatively impacted me in any manner. It gave the homeowner an incentive to look out for my interests and gave me a way out in case something lovely like that happened. With an HOA, you cannot really demand that no rules be changed because the landlord does not have direct control over the HOA committee. If the unit is controlled by a single individual or business entity, you can. For the last apartment I leased, I struck out the clause allowing them to change the rules at any time. I insisted they attach all applicable rules as an addendum to the lease. I agreed to abide by rules they gave me at the time of signing the lease, but I would not be bound by any additional rules until my lease was up. I knew to do this because a complex I rented at when I was younger changed a TON of stuff for the worse, including getting rid of valet trash (because the valet trash procedures were on the rule sheet), valid visitor parking (they changed a lot of visiting parking spots to "no parking" because they got kickbacks from the towing service), and allowing them to use power from my apartment to improve vacant apartments, via stringing extension cords (I stopped that by disconnecting the breakers to the exterior outlets they were using, after the constant running of air compressors drove up my electric bill by over $100). Remember, a lease is a negotiable document, you can request changes to it. Never sign a lovely lease, there are always other places to rent.
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May 1, 2012 00:02
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bigpolar posted:First, you need contact your landlord and see if he will allow you reduce your rent by that amount, and get him to state that in writing. Then, you need to read your lease. If it says you will abide by HOA rules, and includes an attachment of those rules, but not any provision to update the rules, you may have a case to take to small claims, because you followed the rules given to you by the lease.
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May 1, 2012 00:47
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What happens when your rental lease expires but you continue to rent month to month without a current lease? As a renter are you obligated to follow terms in an expired lease? I'd expect to have to abide by basic common sense and local laws, of course, like continuing to pay the rent and not destroying the premises. I live in Nebraska. The rental company managing my apartment requires some ridiculous 60 day notice if I want to move out at the end of my lease. That makes no sense to me, since I've never encountered anywhere in this area that will hold any home for more than 30 days. I'm convinced it's a tactic to make people continue to renew their leases rather than deal with the hassle of trying to leave without having to pay an extra month's rent as a fee. There are month-to-month leases available, but my lease is a fixed term. It's occurred to me that if my lease is expired and there's no current agreement on file, I should be able to leave with 30 days notice just as they could tell me to leave with 30 days notice (provided the reason isn't for non-payment or filth). Am I wrong? Is there a better way?
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May 1, 2012 01:57
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NancyPants posted:What happens when your rental lease expires but you continue to rent month to month without a current lease? As a renter are you obligated to follow terms in an expired lease? I'd expect to have to abide by basic common sense and local laws, of course, like continuing to pay the rent and not destroying the premises. I live in Nebraska. Generally (and this is not for Nebraska in particular, consult a Nebraska LLT lawyer), when a lease's term ends it converts to a month-to-month tenancy with all the same terms. However, the notice term may be converted with the tenancy, since the general rule for monthly periodic tenancies is that you have to give notice of *at least* one full period in order to terminate the lease. Ask a Nebraska lawyer for the state-specific law, but I would guess you're obligated to follow the terms of your lease with the possible exception of the notice provision.
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May 1, 2012 02:31
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NancyPants posted:What happens when your rental lease expires but you continue to rent month to month without a current lease? As a renter are you obligated to follow terms in an expired lease? I'd expect to have to abide by basic common sense and local laws, of course, like continuing to pay the rent and not destroying the premises. I live in Nebraska. This depends on your state laws, but generally, when your lease expires without an auto-renewing option, you go month to month. You pay the same rent (unless otherwise specified), you follow the same rules, etc. That's not in every state though, you need to check on your specific state's laws. NancyPants posted:The rental company managing my apartment requires some ridiculous 60 day notice if I want to move out at the end of my lease. That makes no sense to me, since I've never encountered anywhere in this area that will hold any home for more than 30 days. I'm convinced it's a tactic to make people continue to renew their leases rather than deal with the hassle of trying to leave without having to pay an extra month's rent as a fee. There are month-to-month leases available, but my lease is a fixed term. This sounds like what you have is an auto-renew clause that locks you into a 6-month lease extension if you don't give notice by 60 days prior. This is allowed in most states, if it is spelled out in your lease. It is not uncommon, read your lease carefully. If it is in your lease, you are definitely not on a month-to-month lease. And it is very much a gotcha game by the complex. Usually complexes that have this clause also have an early lease termination clause where you have to give 60 days notice AND an additional 2 months rent in forfeit. This makes it so if you are on a 6-month lease and have to move, they get at least 5 moths of rent out of you. Its usually cheaper to move to your new place and pay rent until the end of your lease. This changes if you sign a 12-month lease of course. NancyPants posted:It's occurred to me that if my lease is expired and there's no current agreement on file, I should be able to leave with 30 days notice just as they could tell me to leave with 30 days notice (provided the reason isn't for non-payment or filth). Am I wrong? Is there a better way? I have had to deal with these clauses a couple of times. Usually, what I do, if and only if the complex is not full, and they are not trying to raise rates on new tenants, is just to give the 60-days notice every 6 months, then re-sign during my last month. One complex I moved into, I gave the notice that I would not be renewing on the day I moved in, because they were adding new buildings, and I knew there would be empty units. Plus I got to tell the smug office staff, "Turning this in now just to make sure I don't forget." The manager looked crestfallen, she knew how this game worked. That only works if the complex has an incentive to keep you though (empty units). Sometime you can actually get a cheaper rent out of it : "You know, I like it here, and I would stay if only the rent were about $75 cheaper a month." Usually, if they have empty units and can maximize revenue by keeping you there instead of trying to re-rent to someone new, they will. Of course, this tactic does not work if it is a very desirable complex and they can rent the apartment out from under you. Also, while most places will not negotiate those terms on your initial lease (although it never hurts to try), they may be willing to drop it to a 30-day notice on your second 6-month lease, or rent to you month-to-month after your lease is up (though they will usually charge more for this convenience).
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May 1, 2012 02:51
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entris posted:Well, I was going to glance at the St. Joseph ordinances but the St. Joseph website requires an account and password so I don't have an easy way to look at the ordinances. It mentions on the homepage that the username and password are both "public" I don't know why they even bother with that poo poo. Anyway, I think this is the relevant section: Ordinances posted:a. R-1 Property. Any property which is rented in an R-1 area must be owner I'm pretty sure we're SOL. I can't fathom how we're going to find a new place and move in less than a month.
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May 1, 2012 03:06
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Zokari posted:I'm pretty sure we're SOL. I can't fathom how we're going to find a new place and move in less than a month. Start packing things you don't need now. Like today. You'll find that most of your stuff you don't need immediate access to if it's going to just be a month. You can find a new place in a weekend of planned visits. Use the rest of this week to set up appointments and fill up your Saturday with places you think you'd be interested in. Spill over into Sunday for any places that do showings on Sundays. It might not be on the schedule that you wanted, but you can easily find and move into a new place in less than a month if you put in the work.
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May 1, 2012 03:51
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Last year my partner and I signed a lease with another couple who are probably going to be evicted for not paying rent. Our landlord was nice enough to allow us to stay on the premesis paying rent until July when the lease is up, but it's unclear what is going to be done about the missing rent on the apartment. A friend of ours suggested that we sue them for back rent in case our landlord holds us responsible for the remaining payments on the lease. My question is, what legal recourse do we have on this? These roommates have caused other damages beyond not paying rent, but I'm not very legally minded and I just want to be prepared if and when they are evicted. We live in RI.
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May 1, 2012 14:15
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exquisite tea posted:Last year my partner and I signed a lease with another couple who are probably going to be evicted for not paying rent. Our landlord was nice enough to allow us to stay on the premesis paying rent until July when the lease is up, but it's unclear what is going to be done about the missing rent on the apartment. A friend of ours suggested that we sue them for back rent in case our landlord holds us responsible for the remaining payments on the lease. My question is, what legal recourse do we have on this? These roommates have caused other damages beyond not paying rent, but I'm not very legally minded and I just want to be prepared if and when they are evicted. We live in RI. It depends what happens. Nothing bad has happened to you yet so it is hard to say.
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May 1, 2012 14:49
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Lawyers, is there a legal word (probably Latin) that sounds like the iPhone program Siri? I don't know how to spell the word, basically sounds like "series" without the final "ess" sound.
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May 1, 2012 15:14
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TO UNDERAGE GYMNASTS
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Dudebro posted:Lawyers, is there a legal word (probably Latin) that sounds like the iPhone program Siri? I don't know how to spell the word, basically sounds like "series" without the final "ess" sound. Maybe thinking of seisin or ad seriatim?
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May 1, 2012 15:37
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Sui - as in "sui generis" maybe?
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May 1, 2012 15:44
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I'm going to small claims tomorrow as a plaintiff. I'm in California. What's the recommended dress code? I have some photos as evidence too. Should I have those printed as photos or will they be OK printed on paper? Printed on b/w on paper OK?
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May 1, 2012 16:17
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Scire as in scire facias?
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May 1, 2012 16:18
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efb Scire? as in a writ scire facias? There are also some phrases that use scire (to know) as well. http://blacks.worldfreemansociety.org/2/S/s1059.jpg to http://blacks.worldfreemansociety.org/2/S/s1060.jpg It's pronounced like siri, except the 'i' in scire is pronounced long.
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May 1, 2012 16:21
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exquisite tea posted:Last year my partner and I signed a lease with another couple who are probably going to be evicted for not paying rent. Our landlord was nice enough to allow us to stay on the premesis paying rent until July when the lease is up, but it's unclear what is going to be done about the missing rent on the apartment. A friend of ours suggested that we sue them for back rent in case our landlord holds us responsible for the remaining payments on the lease. My question is, what legal recourse do we have on this? These roommates have caused other damages beyond not paying rent, but I'm not very legally minded and I just want to be prepared if and when they are evicted. We live in RI. Euphronius is right - it's hard to say until we know all the facts. Generally speaking, leases hold tenants jointly and severally liable - that means the landlord can come after anyone on the lease for the entire amount of rent. So if they skip out and stop paying, the landlord can (but doesn't have to) come after you for the entire rent. However, you can generally then go after them for their share of the rent, alleging some variety of a breach of contract. The problem for you is that by the time they've skipped out on rent and bailed, it gets much harder for you to find them and force them to pay.
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May 1, 2012 16:21
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Recommended dress code for court is always "suit and tie" for men and "suit" (slacks or skirt) for women. I guess I should include "shoes" because you never know.
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May 1, 2012 16:21
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Ron Jeremy posted:I'm going to small claims tomorrow as a plaintiff. I'm in California. What's the recommended dress code? I have some photos as evidence too. Should I have those printed as photos or will they be OK printed on paper? Printed on b/w on paper OK? That said, suit and color if at all possible. Definitely no jeans and something with a collar if male. If female nothing revealing at all. For both sexes, we shouldn't be able to see shoulders to give you a guide.
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May 1, 2012 16:28
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And for god's sake wear shoes. I can not stress this enough.
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May 1, 2012 16:31
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euphronius posted:And for god's sake wear shoes. I can not stress this enough. hahahaha Where do you practice, out in hill country? Who doesn't wear shoes?
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May 1, 2012 16:52
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If you'll be testifying, don't wear a t-shirt that says, "Good Girls are Bad Girls Who Don't Get Caught."
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May 1, 2012 17:05
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joat mon posted:If you'll be testifying, don't wear a t-shirt that says, "Good Girls are Bad Girls Who Don't Get Caught." Unless you're a criminal defendant on trial for prostitution. In which case, totally do it!
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May 1, 2012 17:15
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exquisite tea posted:Last year my partner and I signed a lease with another couple who are probably going to be evicted for not paying rent [...] My question is, what legal recourse do we have on this? These roommates have caused other damages beyond not paying rent, but I'm not very legally minded and I just want to be prepared if and when they are evicted. We live in RI. The info from Arcturus is correct. The best thing you can do right now is read your lease, specifically looking to see if it is a "jointly and severally" or an " individual" lease as he mentioned. If they were going to be evicted, but you were not, then you may be on an individual lease, or you and your partner may be on a lease separate from the other couple. It should be pretty easy to figure out. Generally, if all 4 of you signed one lease document, you are usually jointly and severally liable for the rent. Landlord like to do this because they only have to serve one of you to take you to court for back rent. Joint leases are generally a bad idea for tenants because of this. You may also have been individual as far as rent goes, but all jointly and separately liable for damage to common areas. I have seen this a lot in complexes where the management will match 4 people to an apartment with individual bedrooms but common living room and kitchen. And as always, you may be able to negotiate with the landlord/management. If you have a reputation for always paying your rent and being decent tenants, the management may elect not to pursue their case against you if you are willing to continue renting. They know how much of a pain it is to collect on a rent judgement, especially if you don't care much about your credit; an additional lease term of revenue from a good tenant is generally preferable to court costs and an uncollected judgement. Just remember to request everything in writing after you agree on something.
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May 1, 2012 17:29
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joat mon posted:efb I don't think it's scire. It was in the context of "if they accept your legal siri in the case, then...." or "the siri of the case seems to be...." Honestly, it could just be a mispronunciation of "theory". I'm trying to check on that now. It was definitely not used with other Latin words.
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May 1, 2012 17:34
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joat mon posted:efb "Scot" as in "get off scot free" has nothing to do with the Scots?!? 
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May 1, 2012 17:52
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Oklahoma, checking in. Pretty low level issue here, but it's causing me problems nevertheless. Essentially, I'm being harassed via text messages and a phone message by someone I've explicitly asked to never talk to me again. Assuming I file a report with the police, what can I expect from this? What are the chances I can get a restraining order and finally put this aside? I'm sure I'd be less freaked out if I didn't have anxiety and panic disorder.  Though she hasn't threatened me beyond a petty, "herp derp I'll tell on yooou," I am extremely uncomfortable. She scares the poo poo out of me, especially since she prides herself in being socially powerful and whatnot. She could turn people against me for fun. This is definitely interfering with my mental stability. Even if you guys have to throw me to someone else for answers, at least it'll be progress.
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May 1, 2012 17:56
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broken pixel posted:Oklahoma, checking in. Pretty low level issue here, but it's causing me problems nevertheless. Essentially, I'm being harassed via text messages and a phone message by someone I've explicitly asked to never talk to me again. Assuming I file a report with the police, what can I expect from this? What are the chances I can get a restraining order and finally put this aside? You could ask her parents to ask her to stop?
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May 1, 2012 17:58
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euphronius posted:You could ask her parents to ask her to stop? She's roughly 55, so I doubt her parents would care all that much. God, I wish it was that simple. Edit: Yes, she really is that type of person.
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May 1, 2012 18:00
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I am not you, but I would send her a nice formal letter asking her to stop. Then if she doesn't I would hire a lawyer who knows OK law and go from there. There is no reason to contact the police at this point. IMHO. That is a common sense answer rather than a legal answer really.
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May 1, 2012 18:02
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euphronius posted:I am not you, but I would send her a nice formal letter asking her to stop. Then if she doesn't I would hire a lawyer who knows OK law and go from there. There is no reason to contact the police at this point. IMHO. Okay, good to know. I'm almost positive she doesn't give two shits what I ask her to do, considering I've told her to stop 4 times. That's why, unless she sees the light and decides I'm not worth her time anymore (please god), I see myself having to file a report. Thanks for the tips.
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May 1, 2012 18:04
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Contact your cell phone company and ask if there is any way to block text messages from her number. If you file a police report as well, the police will probably speak to the person saying that there has been a complaint and that sending harassing text messages is illegal. I doubt it will go much further than that, if it continues you may have to file for a restraining order, a lawyer will help you with that.
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May 1, 2012 18:49
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broken pixel posted:Oklahoma, checking in. Pretty low level issue here, but it's causing me problems nevertheless. Essentially, I'm being harassed via text messages and a phone message by someone I've explicitly asked to never talk to me again. Assuming I file a report with the police, what can I expect from this? What are the chances I can get a restraining order and finally put this aside? If euphronius's letter doesn't work, you could ask for a protective order. Oklahoma recently expanded its definition of 'stalking' to arguably fit your situation: Title 22 Oklahoma Statutes section 60.1 posted:
No familial or dating relationship is required under the stalking subsection. If Tulsa Co., 918 596 - 5445 Oklahoma Co., 405 713 - 1737 If elsewhere, Go here: http://www.oscn.net/applications/oscn/start.asp?viewType=COURTS click on your county call the court clerk's number and ask how to go about getting a protective order. e: That's why I didn't bold the reasonableness definition. The bolded part is an additional, separate definition of stalking. VVVV joat mon fucked around with this message at 19:48 on May 1, 2012 |
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May 1, 2012 19:31
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The problem in this case is the reasonability clause of that statute. "a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested and actually causes the person being followed or harassed to feel terrorized, frightened, intimidated, threatened, harassed or molested." Not saying it does not apply in this case. Just something to think about considering broken pixels self diagnoses. I wish I could give you more advice! But, alas.
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May 1, 2012 19:33
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