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ReD_XIII posted:Really quick/vague question that I know depends on state laws. Someone recently told me that when 2 people get divorced they only fight over "marital property" or things that happened/assets that were obtained after the marriage. They said this is why Mark Zuckerberg waited until after Facebook went public to get married. This challenged my limited understanding of divorces as their are depicted in the media (which has never ever gotten the law wrong.) I don't need a long drawn out explanation of the subtleties of divorce laws, but is the marital property thing true? In Ohio, you basically list everything you own in the world and submit it all to the court. Then the court is supposed to find an equitable way to divide it all up. Then, if you're dissolving the marriage rather than divorcing (which are different things in Ohio), you submit something signed by both parties saying "we already agreed who gets the crap, so ignore those other papers." Marital property is listed right along with separate property, and you declare what stuff is yours, what stuff is theirs, and what stuff belongs/belonged to both. The court generally (maybe always? I'm not sure) gives each person the stuff that they came into the marriage with, but also factors that into how much of the joint property they end up walking away with. A friend of mine had a very rough split, and that listing/paperwork included things like the drawer handles in the kitchen (because they apparently went with the curtains, which were not staying with the house). Mine basically said "furniture, house, appliances, misc. property, misc. debt" and was done with. Sonic Dude fucked around with this message at 16:09 on Aug 16, 2012 |
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Aug 16, 2012 16:06
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joat mon posted:1. Nice mountain bike This, basically, except I have a fixed gear to get around the city, a cyclocross bike, and a silly mixte that my boyfriend and I are in the process of fixing up. If she can't actually tell us we're not allowed to have bikes - do you think it would be worth it to ask if she'd be willing to let us off the lease? We are really good tenants and we like to listen to the things our landladies tell us to do, none of us feel super comfortable about the idea of just ignoring a thing she's telling us to do or not do.
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Aug 16, 2012 16:16
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ann disaster posted:This, basically, except I have a fixed gear to get around the city, a cyclocross bike, and a silly mixte that my boyfriend and I are in the process of fixing up. Just wondering, did she give a reason why? I could maybe see scuffs on walls/hallways/elevators as a reason to allow no bikes inside, but why allow some but only a set number?
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Aug 16, 2012 16:25
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ReD_XIII posted:Really quick/vague question that I know depends on state laws. Someone recently told me that when 2 people get divorced they only fight over "marital property" or things that happened/assets that were obtained after the marriage. They said this is why Mark Zuckerberg waited until after Facebook went public to get married. This challenged my limited understanding of divorces as their are depicted in the media (which has never ever gotten the law wrong.) I don't need a long drawn out explanation of the subtleties of divorce laws, but is the marital property thing true? Yes. The term is "community property" and it only applies in a handful of states. It stands for the proposition that anything gained after the beginning of the community (marriage, civil union, domestic partnership, etc.) is presumed to be belong the community. When the community ends (death, divorce) each spouse has a 1/2 interest in the community. In the event of divorce, it essentially means all assets have to be split evenly (lots of caveats of course). I am hesitant to accept the Zuckerberg thing as trying to get around community property, because a prenup could have accomplished what he did through timing of the marriage and acquisition of FB stock. But I'm just yapping thoughts on that point.
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Aug 16, 2012 16:33
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joat mon posted:1. Nice mountain bike Yeah, I guess that makes sense. I've never had more than 1 bike. I'm in Texas, but I don't have a CCP.
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Aug 16, 2012 16:36
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ann disaster posted:This, basically, except I have a fixed gear to get around the city, a cyclocross bike, and a silly mixte that my boyfriend and I are in the process of fixing up. Yeah, you phrase it as letting her off the lease. You say exactly what you say in that post - that you could just ignore her but you'd rather be good tenants and end the whole thing amicably. If she wants to end the lease, that's great. If she doesn't then she has to take responsibility for the fact that she can't tell you what to do.
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Aug 16, 2012 16:51
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FlashFearless posted:Me and my girlfriend live in a condo in a subdivision in Michigan. The way things are set up, we have a "co-owner" who are KC Property Services. We are responsible for upkeep of the interior of the condo, and they are responsible for the outside. If you want something done in the next week or two, your best option would be to pay for the pest control yourself. Then, send a certified letter to them with return receipt explaining why paying is their responsibility, and threaten to take them to small claims court if they don't reimburse you. If you bring a written contract that says the exterior is his responsibility, copies of the emails, and a copy of the bill the judge in small claims should rule your way if it comes to that. If you are willing to wait, you could send them a final letter via certified mail demanding that they take care of the problem, and wait for a written response, but I doubt that will do much good.
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Aug 16, 2012 17:20
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ann disaster posted:If she can't actually tell us we're not allowed to have bikes - do you think it would be worth it to ask if she'd be willing to let us off the lease? We are really good tenants and we like to listen to the things our landladies tell us to do, none of us feel super comfortable about the idea of just ignoring a thing she's telling us to do or not do. You can ask her, but who knows what she'll say. I understand not wanting to rock the boat. Even if she doesn't have the legal authority to make this rule, irritating her can have additional consequences. But truly you can ignore it, and purposefully put a 2 bikes by each window for fun. It'd be the same if she set a rule for which of your houseguests are allowed, or how many sofas you're allowed to have. If it occurs on the interior of your apartment, and it doesn't violate the law or the lease, it's your business. You're adults, and you can use 200 bikes to make elaborate bike furniture if you wanted. That notice indicates she doesn't understand what it means to be a landlord. You aren't paying the rent to follow her rules and be good kids, you're paying the rent to have free use of the space.
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Aug 16, 2012 17:46
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Girl gets pregnant at 19. Not sure who the father is, so the birth certificate says "UNKNOWN". Girl is on various government assistance (EBT, WIC, Medical, etc) programs for 10 years. After 10 years, the girl is still on government assistance and a paternity test is performed and the father is identified. Can the state of Minnesota go after the father to recoup the money from government assistance given to the mother over the past 10 years?
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Aug 16, 2012 18:24
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areyoucontagious posted:
A friend of mine actually had an issue with this when he was in his late teens or early twenties. He'd been told to always inform an officer if you had a weapon when you were pulled over, so when he got pulled over for speeding he cheerfully told the officer, "Oh, by the way, Officer, I have a gun in the car." This was apparently not the best way to do it, since the officer's reaction was to take a step back, put his hand on his own gun, and say, "You sure you want to do this, son?" I've always wondered what was the appropriate, non-threatening way to inform someone you had a gun.
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Aug 16, 2012 19:47
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Sefer posted:A friend of mine actually had an issue with this when he was in his late teens or early twenties. He'd been told to always inform an officer if you had a weapon when you were pulled over, so when he got pulled over for speeding he cheerfully told the officer, "Oh, by the way, Officer, I have a gun in the car." This was apparently not the best way to do it, since the officer's reaction was to take a step back, put his hand on his own gun, and say, "You sure you want to do this, son?" I've always wondered what was the appropriate, non-threatening way to inform someone you had a gun. I was told this as well, but have had several people tell it's not a good idea.
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Aug 16, 2012 19:51
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Sefer posted:A friend of mine actually had an issue with this when he was in his late teens or early twenties. He'd been told to always inform an officer if you had a weapon when you were pulled over, so when he got pulled over for speeding he cheerfully told the officer, "Oh, by the way, Officer, I have a gun in the car." This was apparently not the best way to do it, since the officer's reaction was to take a step back, put his hand on his own gun, and say, "You sure you want to do this, son?" I've always wondered what was the appropriate, non-threatening way to inform someone you had a gun. At the point of which the Officer requests/informs you that he's about to search your car. "Officer, before you begin I'd just like you to be aware that you are going to find a gun in *location*"
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Aug 16, 2012 20:14
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Sefer posted:I've always wondered what was the appropriate, non-threatening way to inform someone you had a gun. Why mention it at all unless the officer intends to search your car or person? If so, then I can see saying something like, "By the way, I have a concealed carry permit and am carrying" or "I just want to let you know I am transporting a firearm in the trunk" (and hopefully in a manner legal to your jurisdiction if so!); otherwise, I don't see why it would come up.
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Aug 16, 2012 20:15
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To avoid getting shot by a trigger happy cop. "Good morning, I am with the x police department, and I am currently armed. I have my badge in my pocket. Would you like me to retrieve it?" Oh you're not a cop? Sucks. If you have a gun you are going to declare (many CCW laws require you to), you should pull over, turn on the overhead light, and put you hands on the wheel and leave those hands there until he secures you weapon. Unless you like getting shot. If that gun is anywhere it might become visible and you are sure it is legal, you want to let him know, because, again getting shot sucks. Illegal or possibly illegal, welcome to a rock and a hard place. Check local laws as many will require you to disclose, particularly in a ccw situation.
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Aug 16, 2012 20:27
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SkunkDuster posted:Girl gets pregnant at 19. Not sure who the father is, so the birth certificate says "UNKNOWN". Girl is on various government assistance (EBT, WIC, Medical, etc) programs for 10 years. After 10 years, the girl is still on government assistance and a paternity test is performed and the father is identified. Can the state of Minnesota go after the father to recoup the money from government assistance given to the mother over the past 10 years? Not a MN lawyer. So is the father a legal father, or is there just a paternity test floating around? The guy has to be adjudicated as the father first: In MN, a parentage suit can be brought by a government organization responsible for the child's welfare in the case of no presumed father up to age when child reaches majority+1 year. Now, assuming paternity is established, a support order is part of that determination according to the statute. It looks like there is a 2 year look back, if I am reading it right. Mix in this: to qualify for public assistance, you have to assign your right to receive child support to the state. So I would say the answer is, MN could seek whatever the mother is entitled to, which is some proportion of support costs for the past 2 years, plus support going forward (until the mother gets off assistance, if she does, in which case the money would go to her). That's my guess from a trip through the poorly organized MN code. Dogen fucked around with this message at 20:41 on Aug 16, 2012 |
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Aug 16, 2012 20:37
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I have a question about bankruptcy, specifically Chapter 7. I live in Georgia and I completed a means test which seems to indicate that I'm eligible for Chapter 7 rather than Chapter 13. I could deal with Chapter 13 if needed but I'd rather not if possible. I have two questions: 1. How tight are they on the consideration of income and expenses? I know they take paystubs but do you also have to produce proof of expenses e.g. bills or bank statements? If you are close to the threshold do they scrutinize you more closely? 2. Let's say I successfully go through Chapter 7 and after it clears, a few months or more later I manage to find a better job with significantly higher pay. Do I get in trouble for that? Can they come after me for money if my circumstances change? As it happens I am looking for a better job but do not have any leads at this time. I also won't be getting a raise any time soon at my current job (and even if I did, it wouldn't be enough to cause an issue).
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Aug 16, 2012 21:50
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California renters law question: My roommates and I just found out that we've been unknowingly underpaying our rent by about $40 a month for the past 10 months. How did we find out? We got a 3-day Pay or Quit notice in the mail. Yesterday. That was the first and only notification we received that we were underpaying. Back story: - 3 unit building, shared washer & dryer - washer & dryer utilities get billed to my unit - building manager told me he would deduct a certain amount from our rent to compensate for the utilities. - a few months go by, manager hasn't told us what the deduction amount is. - I remind him, he tells me he'll calculate an amount that compensates for the non-deducted months. - he tells me the amount, we pay that monthly for, oh, almost a year. - Pay or Quit notice shows up yesterday. - Roommate calls manager, asks what's up. Manager said that the deduction he told us ($80) was for the first month only (to compensate for the non-deducted months), and that our ongoing deduction was actually a smaller amount, $40. - So, by unwittingly underpaying $40 a month, we now owe $400 or they evict us. Now, none of this is in writing. Stupid, I know. (my roommate has an email from the manager, quoting our deducted amount). So I've been scouring California civil codes and rental laws all day, and I can't find an answer to this one question: Is a landlord in any way obligated to notify tenants that they have underpaid, BEFORE issuing a notice to quit? Is the notice to quit still valid even if tenants have been making payments on good faith that they are paying the correct amount?
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Aug 16, 2012 23:01
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Powdered Toast Man posted:1. How tight are they on the consideration of income and expenses? I know they take paystubs but do you also have to produce proof of expenses e.g. bills or bank statements? If you are close to the threshold do they scrutinize you more closely? If you're close they do scrutinize it more. But any good attorney would know the outcome before they filed it. They should know what works, so it'd be rare for them to not be definitive that you qualify before filing. (you will get an attorney I assume, it's insane to file without one) quote:2. Let's say I successfully go through Chapter 7 and after it clears, a few months or more later I manage to find a better job with significantly higher pay. Do I get in trouble for that? Can they come after me for money if my circumstances change? As it happens I am looking for a better job but do not have any leads at this time. I also won't be getting a raise any time soon at my current job (and even if I did, it wouldn't be enough to cause an issue). woozle wuzzle fucked around with this message at 23:38 on Aug 16, 2012 |
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Aug 16, 2012 23:31
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Konstantin posted:If you want something done in the next week or two, your best option would be to pay for the pest control yourself. Then, send a certified letter to them with return receipt explaining why paying is their responsibility, and threaten to take them to small claims court if they don't reimburse you. If you bring a written contract that says the exterior is his responsibility, copies of the emails, and a copy of the bill the judge in small claims should rule your way if it comes to that. Before calling some random pest control company, first find out if your condo association has an exterior pest control contract already. It's very likely that they do, and there's a fair chance that the contracted pest control company would be responsible for eliminating the infestation. dennyk fucked around with this message at 23:38 on Aug 16, 2012 |
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Aug 16, 2012 23:35
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Dogen posted:It looks to my non-Michigan law eye like your state has a whistleblower protection act, and that you would fall under the "Payments of Wages" section. Mich. Comp. Laws § 408.483. It says they can't fire or discriminate against you based on that, and I know in other areas of employment law (unemployment) loving with your hours too much can be considered an effective firing. Thank you. With this advice, I think I will gather a pay period or two of evidence before approaching DOL.
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Aug 17, 2012 04:27
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Dogen posted:Not a MN lawyer. Also not a MN lawyer, but looking this up independently, I came up with the exact same answer.
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Aug 17, 2012 06:14
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dennyk posted:Before calling some random pest control company, first find out if your condo association has an exterior pest control contract already. It's very likely that they do, and there's a fair chance that the contracted pest control company would be responsible for eliminating the infestation. So here's the situation as it is now: In an email, they just told me "At this time pest control is co-owner responsibility." I'm not sure why it would be "at this time." I suppose because they don't want to do it. I've looked through our "responsibility grid" as well as the master deed, and there's absolutely no mention of pest control in any form. The way she worded it, it sounds almost like she's just making a rule up on the spot. According to the master deed, the exteriors are entirely the association's responsibility, so I don't know why there would be a weird separate clause for this. I'm afraid that if I press the issue, though, she's going to pull some mysterious document out of nowhere and say "See? It's your problem."
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Aug 17, 2012 13:12
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Regarding tenant self-reported move-in checklists (Utah): how legally defensible are vague items like "some dents on walls" and "some stains on carpet"? The move-in checklist provides a per-room assessment, but other than that the tenant provided no information on location or size of pre-existing damage. For example, will "some stains" protect the tenant against costs for repairing a noticeable 5"x4" stain?
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Aug 17, 2012 13:29
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I have a simple question regarding trademark law for titles of artwork (games). We are currently developing a game and have decided on a name we like, but I've found another game that shares the same name (a series of flash games, actually). From what I can tell, the owner has not put any sort of trademark (not even unregistered) on the name, and they are not monetizing the game in anyway. The two games couldn't be any different in concept, but I know that doesn't particularly matter in trademark law. Also, it is currently not on the market platform we are aiming for (iOS). Now I'm not operating on the intent of stealing business from this other person, but at the same time if there's no illegality here I'd want to use the name. Our game would be a stand alone title, there would be no sequels. I am residing in MN. I am not sure of where the developer of the other game resides, but the WHOIS shows registry out of Australia. Also, thank you! This thread is so wonderful. e: A little sleuthing shows this guy owns or interacts with a lot of shady porn sites too. After doing some more research, it looks like I'm in the clear. The name itself is a fairly general word that may not even be trade-markable. If anybody was curious regarding having similar names in the Apple App store, I know that two apps can not have the same literal names (ie. Chess or Chess), but you can have variations ('Chess' or 'Chess!'). VVV Thank you guys! Vashro fucked around with this message at 19:23 on Aug 17, 2012 |
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Aug 17, 2012 18:09
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Vashro posted:I have a simple question regarding trademark law Stop, return to Go, do not collect $200. You need that money for a lawyer. There are no simple trademark law questions, IP is an immensely specialised area and you need a professional answer.
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Aug 17, 2012 19:15
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Have you searched here? http://www.uspto.gov/trademarks/process/search/ If this is a money making operation you need to spend a little money on a lawyer to protect yourself, for sure.
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Aug 17, 2012 19:15
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woozle wuzzle posted:It's basically just 6 months of paystubs. For all household bills, you just get a federal food and housing allowance that covers it all. For big secured expenses (homes, cars) you don't have to supply anything for the means test, in VA at least. I would imagine Geogia is the same. They can be anal about your exact last 6 months of income lining up, but I've never had to supply additional records for the means test. Thanks, these are very helpful answers. I am working with a really good law firm here in Atlanta (Clark & Washington) but wanted to make sure I had my ducks in a row before pulling the trigger.
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Aug 17, 2012 19:33
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This is a real quick question about immigration. I am going to be marrying a woman from the Philippines and she is currently living in Manila. I've googled a lot about the process of filling out the paperwork for a K-1 Fiancee Visa and it looks like I am able to fill out a lot of the paperwork myself and submit it. Is there a benefit to obtaining a lawyer to assist with this? Will it make the process go faster or make my chances more likely of getting approved?
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Aug 17, 2012 19:34
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Was on jury duty a while back and the case ended up miss trial cause we couldn't agree on "possession". Is this common? Story: Guy was living at his girlfriends house and I guess the cops got tipped off about someone dealing meth. His belongings were in the same room as hers (along with a bunch of drugs and scales), and his mailing address was the same house . The girl got time in a separate case. There was a bunch of ledgers about who owed money and whatnot and it was all in her handwriting. The public defender was really good- he actually changed my view of how bad they could be. The prosecutor was OK but really young. When we would send notes back to the judge that we needed a definition of possession and how it applied to the case he would just send us back the same paper telling us to figure it out. This went on for about 5 days and almost every juror had their own definition of possession and would present extreme examples. 56k fucked around with this message at 19:42 on Aug 17, 2012 |
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Aug 17, 2012 19:40
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Argyle posted:California renters law question: Former Oregon landlord here, which is a tenant friendly state. Over here it would be no and no. Whatever is said verbally doesn't matter and you can forget about thinking it means anything. What is in writing is what you can only go on. Email should/could be fine. If you don't pay the full rent on time, the first time, you can get a Pay or Quit notice.
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Aug 17, 2012 19:40
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Illinois insurance law question: My apartment building burned down several months ago. We had $15,000 in insurance and roughly $45,000 in damages. Our neighbor, who was responsible for the fire, had renter's liability coverage for $300,000. Initially it was thought that the building tenants' combined claims would stay under policy limits. However, now it seems that our landlord's insurance company is seeking $1,000,000 in damages for the building. According to the woman from Travelers, in Illinois landlords do not have the right to seek building damages from their tenants. I found this in support of that: Illinois 3rd district appellate decision from 7/2011. However, since the landlord's insurance company is pursuing it the woman from Traveler's suggested that there may be a long legal battle. In addition, she suggested that we may be looking at a "prorated" (pro rata?) distribution based on the severity of the claims. Since we were one of the only households with our own insurance policy I fear this means no settlement for us. We could really use the settlement as soon as possible, since we have lots of credit card debt stacked up from replacing things that we're anxious to pay off. They haven't offered us a settlement yet, but I believe it should be at least $15k ($30k minus devaluation, and most of our stuff was less than 3 years old if not brand new). Do we have any rights or recourse here? My husband can pay $12/month through his new job to get free letters and phonecalls from an attorney, as well as discounted fees. I'm trying to convince him we need to contact an attorney, but he doesn't think there's anything we can do or any point.
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Aug 17, 2012 19:55
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FordPRefectLL posted:This is a real quick question about immigration. I am going to be marrying a woman from the Philippines and she is currently living in Manila. I've googled a lot about the process of filling out the paperwork for a K-1 Fiancee Visa and it looks like I am able to fill out a lot of the paperwork myself and submit it. Is there a benefit to obtaining a lawyer to assist with this? Will it make the process go faster or make my chances more likely of getting approved? If your case is pretty straightforward, you could probably get through it all on your own. A lot of people manage with just the internet for guidance. But a good lawyer will know more about the process and be better prepared to spot any issues with your case and deal with them in advance, which can certainly get things done quicker and with better odds. More importantly, getting a lawyer to prepare and file the papers for you would be much, much cheaper than having to hire a lawyer to help unfuck an application that you messed up. You can almost certainly find a consultation with an attorney for little or nothing. Are you concerned about the cost of getting an attorney, or are you just not sure you need one? If you can afford it, I definitely think its worth it. Disclaimer: IANAL but I am an immigrant and I work in immigration. Keep feeding my industry!
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Aug 17, 2012 19:59
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I'm mostly concerned about the cost and really finding one who can help me. I live on Kauai and there's a lot of other people here who have done this, but I can't seem to get a good referral to a lawyer on this island. I guess I'll have to take a look at that lawyer referral link in the OP. It is a little overwhelming but I suppose I could use a consultation just because I'm looking at some of these forms and they want tax returns from 3 years ago. I didn't get employed with a reasonable income until two years ago and I didn't file a return in 2009.
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Aug 17, 2012 20:08
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56k posted:Was on jury duty a while back and the case ended up miss trial cause we couldn't agree on "possession". Yes, particularly the part about the PD being good. Did you not get jury instructions instructing you on possession or was it not enough.
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Aug 17, 2012 20:24
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nm posted:Yes, particularly the part about the PD being good. This was what I was going to say, there should have been a jury instruction on possession. Prosecutor messed up probably.
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Aug 17, 2012 20:25
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FordPRefectLL posted:This is a real quick question about immigration. I am going to be marrying a woman from the Philippines and she is currently living in Manila. I've googled a lot about the process of filling out the paperwork for a K-1 Fiancee Visa and it looks like I am able to fill out a lot of the paperwork myself and submit it. Is there a benefit to obtaining a lawyer to assist with this? Will it make the process go faster or make my chances more likely of getting approved? Hello fellow K-1 visa filer. I am not a lawyer but I have been going through this process for the past year on my own with no hiccups. You really don't need a lawyer for this. There's nothing they can do that you can't do yourself (unless you get refused, but that's not as common as you might think). The only thing that helps is having someone look over your paperwork and make sure you're not missing anything. If you have the money to pay a lawyer to help you, I'd say do it, but it's really nothing you can't handle on your own. Also check out: http://www.visajourney.com/ which is a fantastic website to guide you through all the paperwork you'll have to deal with. FordPRefectLL posted:I'm mostly concerned about the cost and really finding one who can help me. I live on Kauai and there's a lot of other people here who have done this, but I can't seem to get a good referral to a lawyer on this island. I guess I'll have to take a look at that lawyer referral link in the OP. It is a little overwhelming but I suppose I could use a consultation just because I'm looking at some of these forms and they want tax returns from 3 years ago. I didn't get employed with a reasonable income until two years ago and I didn't file a return in 2009. FYI, I didn't get employed until November of last year, so I didn't provide any tax returns at all, just pay stubs and bank account information. No problems. I'm not trying to convince you not to get a lawyer, but I know it's a very stressful process to go through and I hope this helps you relax a bit about it. 
Florida Betty fucked around with this message at 20:39 on Aug 17, 2012 |
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Aug 17, 2012 20:30
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dopaMEAN posted:Illinois insurance law question: Additional information: From our lease: "Lessee is and shall be responsible and liable for any injury or damage done to the leased premises, furnishings, building, and grounds in which the same is located by Lessee or any other persons whom the Lessee permits to be in or about the leased premises. Guests must be accompanied by the Lessee host when using any recreations facility. Use of these facilities shall be at the risk of the user. No person(s) shall congregate, obstruct or loiter upon, within or about any of the entrances, passageways or stairs. No drinking of intoxicating beverages in halls or on grounds is permitted. Lessee shall not be allowed to play in or about the laundry rooms or halls. Lessee and all guests must observe the posted "Pool Rules"." "Lessor agrees, at its expense, to maintain the mechanical systems and leased appliances serving or within the leased premises in normal operating order. Lessor shall not be liable for any loss caused by defects in the building or in the leased premises. Lessor shall not be liable for any loss due to any accidental damage to the personal property of the Lessee in or about the building or the leased premises. Lessee agrees to make no claim for any such loss or damage at any time. Lessee agrees that all of Lessee's person and property in the premises or elsewhere in and about the building shall be the risk of Lessee only, and Lessee will carry such insurance as Lessee deems necessary therefor. Lessor is not an insurer of Lessee's person or possessions. Lessee shall be liable for all damages to the premises as a result of weather invasion through exposed windows and doors left open by the Lessee. Lessee shall be liable for any broken glass or mirror, regardless of cause. Lessee shall notify Lessor of any water leaks (such as a “running toilet”) immediately, or shall be liable for excess water bills assessed to the Lessor. Lessee is responsible for maintaining the premises free of pests and shall pay for any desired pest control services." This interpretation suggests that the landlord can hold the tenant responsible for damages to the building if it's explicitly stated in the lease. But it also says that tenants are considered coinsured on the landlord's property insurance.
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Aug 17, 2012 20:34
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56k posted:Was on jury duty a while back and the case ended up miss trial cause we couldn't agree on "possession". Mistrials/hung juries happen in around 10% of trials. For me, 5 days is a long time to deliberate. More than a day is extrememtly rare around here. Judges are very afraid of giving instructions that are not in the official jury instruction book. In a case like that, where the judge is either fearful of going outside the book or fearful of giving the jury a useful instruction, the judge will send an instruction to the effect of, "you have all the law and facts you need to decide this case," even when the judge knows you don't. You should have gotten a definition of possession, including constructive possession, something like this: OUJI 6-11 posted:The law recognizes two kinds of possession, actual possession and constructive possession. In your case, the definition of 'constructive possession" and "joint possession" would have been key.
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Aug 17, 2012 21:00
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We never got anything like that at all. If that was presented I think we would have all came to an agreement. edit: One of the guys doing jury duty said something like, "If I have your car keys and I know where your car is I have possession". Not sure if he was right but he was pretty  when he said it so everyone disregarded him.
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Aug 17, 2012 21:45
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Florida Betty posted:Hello fellow K-1 visa filer. I am not a lawyer but I have been going through this process for the past year on my own with no hiccups. You really don't need a lawyer for this. There's nothing they can do that you can't do yourself (unless you get refused, but that's not as common as you might think). The only thing that helps is having someone look over your paperwork and make sure you're not missing anything. If you have the money to pay a lawyer to help you, I'd say do it, but it's really nothing you can't handle on your own. Also check out: http://www.visajourney.com/ which is a fantastic website to guide you through all the paperwork you'll have to deal with. Phew. Just hearing about this from somebody not posting on a shady website I found on Google has reduced stress quite a bit. I've PMed you with a question, if you don't mind answering.
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Aug 17, 2012 21:45
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