|
So I can legally terminate the lease without the other party knowing or consenting? That was what she told me I cannot do. I can't believe I just bought it, I didn't think she would lie. Great. Thank you! I really appreciate the input. I'll get in touch with her tonight.
|
#
?
Jul 30, 2012 22:40
|
|
|
|
| # ? May 15, 2024 16:44 |
|
|
Is it legal for an employer to use credit card tips earned by an employee to cover the cost of paying them? I'm in the Massage Therapy field, if anyone's familiar with it. Normally I'm paid commission per client and rely on cash or credit card tips. For really slow pay periods, there's a safety net of minimum wage (currently $7.25/hr in New Jersey) for every hour you're clocked in at work, whether you're working on a client or not. At the end of the pay period, you get paid which ever is higher - the commission you made per client, or your clocked hours x minimum wage. This is standard for all of the big massage chains you see everywhere, and I've been working at different ones for almost 6 years without any problems. I just started working at a new place and it's been very slow because we just opened, which I'm not used to. My first pay check was awful and I was given the hourly rate instead of commission because I only had 6 clients over the course of the pay period. All of my credit cards tips were missing. According to my manager, if I end up making the hourly wage instead of getting the commission, any tip that a client leaves on their credit card is used toward what I'd be making. So for instance, if I've clocked 80 hours for a pay period, and I get very few clients, I'd be making $580 (80 hours x $7.25). If some of my clients decide to leave my tip on their credit card instead of cash, and I end up getting $150 in credit card tips, it is then used toward the $580 that my employer must pay me. So it's the same as not getting the tip at all. My pay stub still says I earned $580, but I'm out $150 that I could have kept if it was given to me in cash, and my employer is only paying $430 out of pocket. How is this legal at all?
|
|
#
?
Jul 30, 2012 22:50
|
|
|
guarded by bees posted:So I can legally terminate the lease without the other party knowing or consenting? That was what she told me I cannot do. I can't believe I just bought it, I didn't think she would lie. Great. I believe your landlord is correct. The other option I haven't seen discussed, is to have your landlord terminate. Since the lease is month to month she can do so on 30-60 days notice.
|
|
#
?
Jul 30, 2012 23:05
|
|
|
I think this is a contract question. Its concerning my lease renewal in Colorado So my apartment complex's management company is attempting to go all digital. Over the past few years, they've moved things to their community webpage. For example, to submit a service request I need to log into my account online, and fill out a form, which them sends an email off to the service team. I can also pay my rent online. They just rolled out lease renewals online, and are now enforcing it on all tenants. I must log into their webpage, decide what term I want to renew my lease for (9, 12, or 15 months), and "sign" it digitally. Is "signing" something digitally the same as physically signing it? What would be the requirements for digitally "signing" a legal document? All I had to do was check a box saying I agree to the new terms of the lease, and provide my online account password as confirmation. I'm curious, if I were ever to have a serious dispute with my landlord, could either of us argue the lease never bound either of us because I didn't actually sign it, and/or you can't prove that the person who agreed to the lease was actually me?
|
|
#
?
Jul 30, 2012 23:14
|
|
|
Bushwhacked posted:Is it legal for an employer to use credit card tips earned by an employee to cover the cost of paying them? What state you're in is relevant. EDIT: Well I'm bad at reading comprehension. I'm not actually a lawyer or anyone who would know the answer (though I know what you described is legal in some states and not in others), I just wanted to make sure that when someone came along who did, they knew what state you were in. cheetah7071 fucked around with this message at 23:46 on Jul 30, 2012 |
|
#
?
Jul 30, 2012 23:40
|
|
|
Sorry if it wasn't clear.Bushwhacked posted:there's a safety net of minimum wage (currently $7.25/hr in New Jersey)
|
|
#
?
Jul 30, 2012 23:43
|
|
|
xxEightxx posted:I believe your landlord is correct. The other option I haven't seen discussed, is to have your landlord terminate. Since the lease is month to month she can do so on 30-60 days notice. It's a recurring contract. It doesn't matter how many parties want to recur the contract if one of them doesn't. This situation is literally why periodic tenancies exist. Brigdh posted:I think this is a contract question. Its concerning my lease renewal in Colorado There is nothing magical about a physical signature. If there's a written contract and agreement by both parties then there is a contract. e: I should qualify this by saying that (in the UK at least) there is something magical about putting a contract down in writing that's necessary to make a charge on land valid. But a signature can be in whatever form whatsoever. Alchenar fucked around with this message at 23:55 on Jul 30, 2012 |
|
#
?
Jul 30, 2012 23:46
|
|
|
xxEightxx posted:I believe your landlord is correct. The other option I haven't seen discussed, is to have your landlord terminate. Since the lease is month to month she can do so on 30-60 days notice. Do you have any kind of cite for that for California because I am pretty sure you are wrong. Also you didn't really read what she posted.
|
|
#
?
Jul 30, 2012 23:50
|
|
|
xxEightxx posted:I believe your landlord is correct. The other option I haven't seen discussed, is to have your landlord terminate. Since the lease is month to month she can do so on 30-60 days notice. What I want is a way to have my name removed from the lease with minimal potential for fallout from the ex. Ideally I want just my name off, so that any legal responsibilities that tie me from that house are over. I do not want someone to become homeless, no matter how much of an rear end he is. I need to make sure that I am protecting myself in more than the situation with the landlord. I really appreciate everyone's input on the legality side, because I never knew that there might be other options.
|
|
#
?
Jul 31, 2012 00:05
|
|
|
Alchenar posted:
Thanks. Its the first time I've ever signed something serious electronically. Everything in the past, bank accounts, employment, previous leases, etc have all required a physical signature from me, I was unsure if the electronic nature of this new process changed anything. Ever since my Aunt had her identity stolen, I've been paranoid about everything.
|
|
#
?
Jul 31, 2012 00:13
|
|
|
guarded by bees posted:What I want is a way to have my name removed from the lease with minimal potential for fallout from the ex. Ideally I want just my name off, so that any legal responsibilities that tie me from that house are over. I do not want someone to become homeless, no matter how much of an rear end he is. I need to make sure that I am protecting myself in more than the situation with the landlord. Are you prepared to pay for him to stay in the house? Because that is where this scenario is going unless you remove yourself from that lease. You are liable for rent. He is unemployed. The landlord is stringing you along because having two people liable for rent is better than one. This is a very obvious timebomb counting down to make your life very unpleasant in the near future. You want to know how to minimise fallout from an abusive ex? Take it to E/N. I am telling you to call your landlord and give notice on the lease for the house you no longer live in. e: I'll save you some time and give you the advice that E/N will give you. Do not pay for your abusive unemployed ex to live in the home you used to live in. Alchenar fucked around with this message at 00:48 on Jul 31, 2012 |
|
#
?
Jul 31, 2012 00:39
|
|
|
Queen Elizatits posted:Do you have any kind of cite for that for California because I am pretty sure you are wrong. Also you didn't really read what she posted. Do you have any information or references for California indicating that Alchenar's wrong? As far as generic contracts go, if you don't consent, there's no meeting of the minds/consideration, and the contract's void. Most default statutes that convert leases to month-to-month don't automatically incorporate a "you can't ever get out of this" clause; that's why your landlord forces you to sign a year-long lease holding each tenant jointly and severally liable.
|
|
#
?
Jul 31, 2012 00:48
|
|
|
Brigdh posted:Thanks. Its the first time I've ever signed something serious electronically. Everything in the past, bank accounts, employment, previous leases, etc have all required a physical signature from me, I was unsure if the electronic nature of this new process changed anything. Ever since my Aunt had her identity stolen, I've been paranoid about everything. If you're in the US, most states have an Electronic Signature Act of some variety, which says that e-signatures are just as valid as pen & paper signatures. In Utah, for instance, it's Utah Code 46-4-201 and the associated act. 46-4-201(1) says "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form."
|
|
#
?
Jul 31, 2012 00:50
|
|
|
Alchenar posted:Are you prepared to pay for him to stay in the house? Okay, let me try to explain this in a better way: If I terminate the lease without the ex's knowledge, what can he legally do to me? That is what I mean by fallout. I was asked if there was a backstory that could change things, I shared it. The details aren't important beyond the peripheral, but I do not want to open myself up to legal ramifications on either end. I need to make sure I have as much information as possible on what can/will happen when I terminate the lease. Can the ex sue me? Can termination be reversed by him? I know that in CA a tenant has 30 days to rescind their termination notice, but I don't know that it can be done by one or both parties. If I am able to terminate the lease without his knowledge, can he rescind that?
|
|
#
?
Jul 31, 2012 00:58
|
|
|
Arcturas posted:If you're in the US, most states have an Electronic Signature Act of some variety, which says that e-signatures are just as valid as pen & paper signatures. In Utah, for instance, it's Utah Code 46-4-201 and the associated act. 46-4-201(1) says "A record or signature may not be denied legal effect or enforceability solely because it is in electronic form." There's also the national E-SIGN act, which basically says the same thing, with some procedural caveats for certain types of transactions (banking, probably property, maybe some others).
|
|
#
?
Jul 31, 2012 01:07
|
|
|
guarded by bees posted:Okay, let me try to explain this in a better way: Answer conditional on someone from CA coming in and contradicting me: No. There are no legal consequences. You are not bound to this person any more than you choose to be.
|
|
#
?
Jul 31, 2012 01:09
|
|
|
Queen Elizatits posted:Do you have any kind of cite for that for California because I am pretty sure you are wrong. Also you didn't really read what she posted. CCC 1945 and 1946.
|
|
#
?
Jul 31, 2012 01:36
|
|
|
I'm currently renting month-to-month, and I'm paying $739.00. I received a letter today stating that my rent is increasing by $180 next month.quote:Your current lease expires on August 31, 2012. AS a valued resident, we'd like to offer you a rental rate of $819.00. Please contact the manager today to schedule your renewal appointment today to lock in your new rental rate. Now, I'm under the impression that this is an illegal rent increase, according to Seattle law, which states that any increase >10% requires a month's notice. I'm not 100% sure, but here's the law: quote:SMC 7.24.030 Rental agreement requirements. Am I in the right here? And would the increase to $919 be considered my 'new' rent since I'm currently on month-to-month, or would the $819 be considered that?
|
|
#
?
Jul 31, 2012 01:52
|
|
|
$739+10%=$813, so I'm not sure why it matters whether $819 or $919 is your rent for the purposes of that cited statute. Then again, I'm some random rear end in a top hat on the internet.
|
|
#
?
Jul 31, 2012 02:06
|
|
|
Depending on how that statute has been interpreted, the 100 bucks may not be considered part of your rent, as it could also be considered a convenience fee, not rent. It also might not. States vary on how they treat things like that, find a local LLT lawyer.
|
|
#
?
Jul 31, 2012 02:10
|
|
|
Also, what are the terms and requirements for termination of the lease? If you don't agree, could they just terminate the lease?
|
|
#
?
Jul 31, 2012 02:10
|
|
|
Arcturas posted:Also, what are the terms and requirements for termination of the lease? If you don't agree, could they just terminate the lease? He said the lease expires at the end of August, so I'd imagine the answer would be yes.
|
|
#
?
Jul 31, 2012 02:28
|
|
|
Bushwhacked posted:Is it legal for an employer to use credit card tips earned by an employee to cover the cost of paying them? That is generally how it works for tipped employees in the United States. From the Department of Labor Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act: quote:Tipped employees are those who customarily and regularly receive more than $30 per month in tips. Tips are the property of the employee. The employer is prohibited from using an employee’s tips for any reason other than as a credit against its minimum wage obligation to the employee (“tip credit”) or in furtherance of a valid tip pool. Only tips actually received by the employee may be counted in determining whether the employee is a tipped employee and in applying the tip credit. Assuming your state doesn't have a law contradicting the FLSA, the cash tips you received should be counted toward your employer's minimum wage obligation as well, so you actually are receiving more than your employer is legally obligated to pay you. (Please note that I am not expressing an opinion on whether this is fair, just giving you what the DOL has to say on the matter.) But it's possible your state may give tipped employees different rights in this situation. I have to admit that I think that's very unlikely, but it's worth checking your state's equivalent of the DOL just in case.
|
|
#
?
Jul 31, 2012 09:20
|
|
|
Incredulous Red posted:Go get her Tiger. Negative. That provision would not be applicable to this action, because the debtor did not breach a performance required to be performed in the state. Failure to pay on a contract for work performed is generally not sufficient to grant personal jurisdiction in Florida, unless the contract is specific in that a) the payment is to be made at creditor's place of business, and b) the debtor also has sufficient minimum contacts. This is true even when contracts specify that the out-of-state party expressly agrees to be subject to personal jurisdiction. Unless this woman is utterly retarded and voluntarily shows up to defend the suit, Florida courts will only have in rem jurisdiction.
|
|
#
?
Aug 1, 2012 07:38
|
|
|
Quick florida civil law question: The state contracts company A to manage red light cameras. Company A employs idiot B to review and issue tickets based upon a video evidence. A citation is issued by the company, however, it's pretty obvious that it's to the wrong person. In florida, the only way to fight the company-issued citation is to wait until a formal ticket is issued by the state, drive to the courthouse, and deal with it in person. This means a day off of work plus whatever time is needed to put things together to demonstrate the fact that it's not me. Is there a way I can recoup my time from company A through civil means if its been shown that it was a bad citation?
|
|
#
?
Aug 1, 2012 16:08
|
|
|
Did you get an answer last time? My gut on this is probably there is really no recourse other than bad press for the company. If you are pretty sure you have a good case that it's not you, maybe talk to local media, investigative reporters, etc? They love this local government incompetence/corruption crap.
|
|
#
?
Aug 1, 2012 16:56
|
|
|
In Grand Rapids, MI, for all the help that may be. We recently moved out of an apartment here, and within the last couple days received an "itemized list" of damages via email, over 30 days past our move out date (lease ended June 30th, received July 31 at 8pm) which is a minor thing. It also did not include any of the mandatory text, such as the notice that we have 7 days to dispute the charges. It was basically a bill saying "pay us, fuckers." Here is the list: $150.00 Re-leasing fee per lease $125.00 Cleaning fee per lease $128.95 Carpet steam cleaning to remove stains and heavy soiling. $285.00 Wall repairs and re-painting due to numerous, significant marks, scratches and damaged areas. $688.95 Total tenant damages and fees due -630.00 Less tenant security deposit applied $ 58.95 Total Amount Now Due from Tenant I'll note that the "significant damage" to the walls were three ~1 inch dents in the drywall from moving furniture. I spackled and sanded those areas before we moved out. In short, I'm planning to write a dispute back on this, I believe they're trying to shake us down for our security deposit when none of these charges are even legal for use of a security deposit. Here's e rough draft of that: quote:(property managers names), Is there anything else I should be doing to cover my rear end on this one? Anything additional I should know before sending this off?
|
|
#
?
Aug 1, 2012 17:09
|
|
|
It seems excessive to talk about their poorly itemized details when they missed the 30 day window. That should be enough to ask them to return your entire deposit. I am not even close to a lawyer, but I did read about.com: Q: What happens if a Michigan landlord doesn't return the deposit on time? A: If a landlord doesn't send the security deposit or itemized accounting within the 30-day period, the landlord may be liable to pay the tenant twice the amount of the original security deposit, plus court and attorney's fees.
|
|
#
?
Aug 1, 2012 18:33
|
|
|
Yeah, I didn't know how to respond but that's a good way to put it. Don't go into detail, don't bargain. Don't "choose to dispute". Demand your money back or legal action will follow.
|
|
#
?
Aug 1, 2012 18:36
|
|
|
woozle wuzzle posted:Yeah, I didn't know how to respond but that's a good way to put it. Don't go into detail, don't bargain. Don't "choose to dispute". Demand your money back or legal action will follow. What woozle said. It may be worth starting with a stronger claim (give me twice my deposit because you failed to give me my list in 30 days, cite to statute), and backing down a little bit to just requesting the full value of your deposit, or calling it a wash, after they push back. Just be careful that you phrase your initial negotiating position so that you don't sound like a crazy wacko. Phrase the letter/e-mail reasonably and respectfully, so you don't piss them off enough they won't negotiate. (In general, being firm, assertive, but respectful and polite, is a really good way to go through negotiations. Even if everything falls apart, when you go on to legal action you look like the good guy and they look like the rear end in a top hat)
|
|
#
?
Aug 1, 2012 18:40
|
|
|
Oh what's thisMCLA 554.610 posted:Sec. 10. Failure by the landlord to comply with the notice of damages requirement within the 30 days after the termination of occupancy, constitutes agreement by the landlord that no damages are due and he shall remit to the tenant immediately the full security deposit. You might want to quote that in your letter thingy As others have said, with that kind of language there is not sense in quibbling with them over what's reasonable because it sounds like they hosed up and agreed you owe nothing by being lazy edit: did you give them a forwarding address within 4 days of the termination of your tenancy? Dogen fucked around with this message at 19:08 on Aug 1, 2012 |
|
#
?
Aug 1, 2012 19:04
|
|
|
Dogen posted:Oh what's this Vegastar fucked around with this message at 19:29 on Aug 1, 2012 |
|
#
?
Aug 1, 2012 19:27
|
|
|
Canada question. My friend, who is American and a citizen, met the love of her life via WoW, and earlier this year/last December she and he got married, and this January she moved to Canada, Regina area specifically, to live in wedded bliss. She is a resident now, not a citizen of Canada, and things have gone south in the marriage; they live with his parents, who want her out of their house, and he is pretty unsupportive of any other option. He refuses to move out of his parents' house, but she can't afford an apartment on her own and insists she can't move back to the US for at least 5 years because she is a legal resident of Canada now. Are there any support groups she could hit up, or any legal way to move back to the US, or does this 'five year residency minimum' mean she is stuck?
|
|
#
?
Aug 2, 2012 02:12
|
|
|
Dogen posted:Oh what's this Query: is termination on the 30th of June or the 1st of July? Presumably the lease ran through midnight. You may still be safe (IANAMichiganL) but might be worth seeing if you can find out if this has been dealt with before.
|
|
#
?
Aug 2, 2012 02:14
|
|
|
Cowslips Warren posted:Canada question. Residency and citizenship are different things. Once a US citizen, you're basically set unless it's renounced or something. Now she might take a while to develop residency in a US state for the purposes of social assistance, but that doesn't prevent her from moving back. Where in the world is she getting this 5 year thing?
|
|
#
?
Aug 2, 2012 03:28
|
|
|
Cowslips Warren posted:Canada question. I believe she only has to live 2/5 years (non-consecutive) in Canada until she risks losing her Canadian permanent resident status. http://canadianimmigrant.ca/immigrate/have-i-lost-my-immigrant-status Or call Citizenship and Immigration Canada, http://www.cic.gc.ca/english/contacts/index.asp since I'm not her lawyer, not an immigration lawyer (even though Justice Stevens thinks so) and not a Canadian lawyer.
|
|
#
?
Aug 2, 2012 03:40
|
|
|
Another day, another someone to sue! My wife got her oil changed on Saturday, and earlier today the oil plug dropped out, leaving me stranded and with a potentially damaged engine. From what I can find we can hold meineke (the people that did the change) responsible if we can get the receipt. What are the chances that we can just show up and ask for repairs without any hassle? I can't comment on how the car runs at the moment but my mechanic brother seems to think that the car isn't even worth keeping to find out how long the engine will take to fail. Bit of a pickle.
|
|
#
?
Aug 2, 2012 12:38
|
|
|
Macunaima posted:I've bartered legal services for marketing and web design before. Which reminds me, I need to figure out the tax implications of that transaction. Fair market value as income I think. If you even report it. (Which you SHOULD, dirty cheater.) More here http://www.irs.gov/businesses/small/article/0,,id=188095,00.html quote:For example, an attorney represents a painter for nonpayment of business debts in exchange for painting the attorney's law offices. The amount reportable by each on Form 1099-MISC is the fair market value of his or her own services performed. I have had success with informal negotiations with auto shops when they gently caress up. It is always worth a try to settle things amicably. euphronius fucked around with this message at 15:27 on Aug 2, 2012 |
|
#
?
Aug 2, 2012 15:22
|
|
|
Redfont posted:Another day, another someone to sue! My wife got her oil changed on Saturday, and earlier today the oil plug dropped out, leaving me stranded and with a potentially damaged engine. From what I can find we can hold meineke (the people that did the change) responsible if we can get the receipt. I am not a lawyer but I can share my experience. I brought my car in to a local chain and they told me the rear differential was leaking so I had them repair it. Two months later I hear a grinding noise--turns out the entire rear differential was destroyed. Needed to be totally replaced to the tune of $3000. The mechanic said it might or might not have been caused by improper service, he couldn't say one way or the other. I sent a polite certified letter explaining the situation to the shop. Long story short, they sent it over to their insurance company and we ended up settling for half the cost of the repair. I never even dealt with the shop other than sending the manager the initial letter. Good luck.
|
|
#
?
Aug 2, 2012 15:46
|
|
|
|
| # ? May 15, 2024 16:44 |
|
|
Redfont posted:Another day, another someone to sue! My wife got her oil changed on Saturday, and earlier today the oil plug dropped out, leaving me stranded and with a potentially damaged engine. From what I can find we can hold meineke (the people that did the change) responsible if we can get the receipt. The courts really want you to try settling amicably before you sue. Be sure to document your attempts to resolve things with them and get everything that you can in writing. This is your main ammunition if things go in front of a judge.
|
|
#
?
Aug 2, 2012 21:21
|
|
