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Arcturas posted:I'm not 100% sure, but I'd assume that means that if the landlord asks you to evict, and kicks you out, and you comply, you are still liable for unpaid rent. Say I miss two months of rent, and the landlord tells me to get the hell out on day 61. I do. My lease is up on day 90. I am still obligated for rent from days 1 through 61. But, a court will probably not make me liable for rent for days 62 through 90. This helps, but I may as well just give you guys a description of what is happening with regards to my life so you can better help me. My roommates and I moved in a month ago to this place in Boulder Colorado. Little did we know that the realty company we are currently renting for are scumbags. (we checked everywhere to follow up on them, and their google ratings/reviews at the time were very good, come to find out they were posted by one of their own employees but whatever) What's been happening is they've been sending out one of their agents to perform an inspection of the property to check for any "damages" to the property, and to contract someone to pick up any trash on the property, the only thing being is that there has never been any trash on the property that would reasonably need to be picked up (there are a few cigarette butts here and there on our front yard, but they're scattered all over the place and covered up by rocks) and the service they contract doesn't actually pick anything up they just come by, post up in our driveway for 10 minutes, and then proceed to leave. We are still being charged for this, from anywhere to the tune of 10-20 dollars each time, and it's happened almost every week since we moved in. Our total rent is around 1430, give and take on utilities, but now it's pushing 1515 because of these 'maintenance' fees that they are pushing onto us, and it's only going to grow from here. These maintenance fees are, in the lease, stated to be considered as "additional rent" and are due on the first of the month along with the base rent. There are late fees of 20$ a day if we do not pay the total rent, with additional rent included, on the first of the month. This comes into play later. We went in to talk to them about this, and we were basically told to get hosed. Apparently they take pictures of the property, and were given our specific property managers email, but he has not gotten back to us with the pictures or what exactly constitutes trash needing to be picked up, and considering that he's been mentioned by name in reviews about the company as being an absolutely terrible realtor, I'm fairly convinced that we will never actually hear from him ever, nor that these pictures will show anything meaningful (if they even exist.) I asked about that legal code, because for one it's listed in a guide for tenant/landlord relations in Boulder, thus directly myself and my roommates, but two because our lease has the standard provisions that we are responsible for rent for the entire term, if we're evicted we will owe rent but the landlord may attempt to release, if we can't pay rent our guarantors (we're students) have to pay rent, things like that. The roommates and I (there are 5 of us) have agreed on, in principle, to do the following things: 1. Follow up with another email to this guy, and an office visit by at least 3 of us tomorrow. 2. Not pay these charges until we have seen the pictures and heard why these contractors had to come out. 3. Depending on whether or not we can come to an agreement with the realty company, seek additional legal help ASAP. My real concern is that this escalates and we are evicted. We're being forced to pay for things that don't need doing, yard work that isn't needed, it's getting to become a huge extra part of our rent. I am aware that it's probable we will end up getting hosed by this. I just want to minimize any damages that could happen to me financially/legally because of this, and I wanted to see if you guys had any suggestions. Many thanks 
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Oct 3, 2012 01:44
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Do any lawyers have experience with the ADA or anti-discrimination laws? I have an issue I'd rather not post about publicly but I need advice, and the quicker the better. PM me, AIM in profile, email is musicalchairs at gmail dot com
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Oct 3, 2012 02:01
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Look Under The Rock posted:Do any lawyers have experience with the ADA or anti-discrimination laws? I have an issue I'd rather not post about publicly but I need advice, and the quicker the better. PM me, AIM in profile, email is musicalchairs at gmail dot com You cannot expect any real attorney with experience in this area to contact you. Please contact a real attorney in your area if you are seriously having a possible issue. Contacting you concerning legal advice creates a legal relationship which any attorney worth listening to would not engage in.
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Oct 3, 2012 02:26
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Corny posted:...the service they contract doesn't actually pick anything up they just come by, post up in our driveway for 10 minutes, and then proceed to leave. We are still being charged for this, from anywhere to the tune of 10-20 dollars each time, and it's happened almost every week since we moved in. Make sure you get lots of pictures (and video!) of your own of the "trash" and of the maintenance people doing nothing. (Sorry if it sounds obvious and you already did it, but it looks like you only mentioned waiting on the property manager's pictures.)
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Oct 3, 2012 04:18
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Look Under The Rock posted:Do any lawyers have experience with the ADA or anti-discrimination laws? I have an issue I'd rather not post about publicly but I need advice, and the quicker the better. PM me, AIM in profile, email is musicalchairs at gmail dot com Contact your closest EEOC branch. That will do you a lot more good than asking for legal advice here: non-lawyers won't be able to give good advice and lawyers aren't going to want to create an attorney-client relationship via PM, which is what would happen if one of us PMed you with legal advice.
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Oct 3, 2012 05:07
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Emo Rodeo posted:You cannot expect any real attorney with experience in this area to contact you. Please contact a real attorney in your area if you are seriously having a possible issue. Contacting you concerning legal advice creates a legal relationship which any attorney worth listening to would not engage in. Yeah, you're probably right. Thanks.
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Oct 3, 2012 05:21
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Choadmaster posted:Make sure you get lots of pictures (and video!) of your own of the "trash" and of the maintenance people doing nothing. (Sorry if it sounds obvious and you already did it, but it looks like you only mentioned waiting on the property manager's pictures.) This is basically what we're planning on doing. I'm going to take photos of the property at least 3 times a day, and if we catch these guys again we will take video of them. Basically, this past month is a wash, but I'm going to start building a case file if it comes to us having to go to court eventually. edit: I'm aware photos aren't worth that much in court, but something is better than nothing. Corny fucked around with this message at 05:39 on Oct 3, 2012 |
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Oct 3, 2012 05:36
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I have a question about exceptions to the general common law rule of no duty to protect in negligence actions. So, I imagine a scenario in which A owes a duty to protect B, but breaches that duty. As a result, third-party C is harmed by B. Can C recover from A? I think this could play out as follows: 1. B is an invited customer in A's business. While there, B begins to have a seizure. Now, A has a duty to help B. However, A fails to do anything. As a result, C is injured when he trips and falls over B's flailing and flapping body. Can C recover from A? 2. A is a driving instructor of teen permit holder B. While on her lesson, B begins to text on her cell phone and crashes the car into C, injuring all parties involved. Now, can C recover from A on the grounds that A's breach of his duty to B brought about by their special relationship resulted in C getting hurt by B's negligence? Thanks!
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Oct 3, 2012 18:03
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IzzyFnStradlin posted:I have a question about exceptions to the general common law rule of no duty to protect in negligence actions. There's no duty to help B. B is not a premises liability, either. quote:2. A is a driving instructor of teen permit holder B. While on her lesson, B begins to text on her cell phone and crashes the car into C, injuring all parties involved. Now, can C recover from A on the grounds that A's breach of his duty to B brought about by their special relationship resulted in C getting hurt by B's negligence? Depends on the contract and whether a court would uphold that special duty. But yeah, sure.
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Oct 3, 2012 18:10
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CaptainScraps posted:There's no duty to help B. B is not a premises liability, either.
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Oct 3, 2012 18:21
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IzzyFnStradlin posted:Why don't you think so? It seems to me that A, as business owner, has a duty to aid or protect B, an invited customer. I am referring to 314A of Rest(2) of Torts, and basically took my initial facts from Baker v. Fenneman 793 NE2D 1203 (2003), which found that A breached a duty to B when they failed to help him after he passed out and smacked his mouth into the counter. Am I misreading the Restatement? This isn't really common law, anyways this question depends on whether there is a special relationship between A and B. Under common law, B is considered an invitee on A's premises and therefore that special relationship is satisfied requiring A to render aid. Whether C can recover really depends on the circumstances. You would need to go through a negligence analysis including duty breach causation and damages. Seems that C may have trouble with causation as it requires the damages to flow as a foreseeable result of the breach. In this instance you would ask whether it is foreseeable that C would fall and injure himself as a result of A's failure to render aid to B, i.e. is it foreseeable that C would suffer an injury as a result of tripping over an individual suffering from a seizure. Seems to me that an individual suffering from a seizure would be pretty conspicuous and therefore make it less foreseeable that someone would trip over him, unless they themselves were also being negligent. Ultimately, who knows, it would depend on the judge or jury to make the ultimate decision which often times is quite arbitrary.
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Oct 3, 2012 18:45
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Look Under The Rock posted:Do any lawyers have experience with the ADA or anti-discrimination laws? I have an issue I'd rather not post about publicly but I need advice, and the quicker the better. PM me, AIM in profile, email is musicalchairs at gmail dot com What state are you in.
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Oct 3, 2012 18:59
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State of Georgia / Department of Health / Food Trucks My mother is trying to start her own food truck business and her local health department, Sumter County, is stating a few things she has to do before they will even consider to give her a permit. These things that they are stating she must do, I'm not finding any where in local or state codes. Food truck must be parked under stable cover, like a car port, and on concrete. No parking it at the end of the day on like gravel. No use of propane is allowed what-so-ever. It must be 100% electric.(I don't see how this is even possible) All appliances MUST be commercial grade. This includes stoves, mixers, freezers, etc. No frying at all is allowed. A few others as well. I gave her the idea to talk to the Health Department in Gilmer County as she is going to be there for about a week starting tomorrow.
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Oct 4, 2012 01:23
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They're basically telling her they don't want to give her a license. If she asks the health people under what regulation they're making the requirement, they might very well tell her. It's what I used to do when I dealt with inspectors, worked pretty good when they were wrong. (IANAL, never dealt with public health inspectors)
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Oct 4, 2012 01:42
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If she is serious about this, it's definitely worth consulting a lawyer about these issues. If she can't afford to pay a lawyer to set up a critical aspect of her business, then she doesn't have anywhere near enough capital to start a business at all.
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Oct 4, 2012 03:14
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Can anyone tell me how the discovery rule might apply to a civil suit involving a rape? If someone is drugged and raped and only realizes the emotional damage that has taken place and the full extent of the events that took place as well as the identity of the responsible party 1-2 years later, could the civil statute of limitations be delayed until this discovery takes place? This is in Oregon. The statute of limitations for assault, battery, and kidnapping is 2 years and I can't find specifics for Intentional Infliction of Emotional Damage which is what I assume is the only claim that the discovery rule could apply to in this case? I also looked into the statute of limitations for negligence and I found a vague reference that seems to state that the statute of limitations might be 10 years for that type of claim. The reason I ask about negligence is in regards to a possible claim against a bar/bartender for negligently over serving extremely strong alcohol drinks purchased by the perpetrators and served to the victim in a nearly empty bar where it was obvious that harm towards the victim was likely to take place.
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Oct 4, 2012 05:27
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FIRST TIME posted:Can anyone tell me how the discovery rule might apply to a civil suit involving a rape? Someone needs to talk to an OR personal injury lawyer yesterday. Someone's probably looking at the 2 year statute of limitations for personal injury claims. Someone's potential case has bigger problems than the statute of limitation, which in Oregon appears to be almost a dead letter thanks to the discovery rule.
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Oct 4, 2012 05:49
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FIRST TIME posted:Can anyone tell me how the discovery rule might apply to a civil suit involving a rape? http://www.oregonlaws.org/ors/12.110 quote:An action for assault, battery, false imprisonment for any injury to the person or rights of another, not arising on contract, and not especially enumerated in this chapter, shall be commenced within two years; provided, that in an action at law based upon fraud or deceit, the limitation shall be deemed to commence only from the discovery of the fraud or deceit. It's not looking good, and the wording tilts against tolling it for the situation you described. There's also a set of tolling provisions, but none appear to apply to the situation either. But for something this serious, it's worth talking to an experienced local attorney. As to the bartender... The SOL hasn't expired, but that does not sound like a winning lawsuit. It all depends on the facts, and again it's serious enough to speak with a local attorney for sure. But it sounds iffy to me. There's so many ways to punch holes in it, and witnesses from the evening would be problematic. Short version: Whoever is involved should definitely speak with a local attorney. It's worth the time to check it out. But I just wouldn't be super optimistic.
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Oct 4, 2012 05:55
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Not to mention the potential for a dram shop act defense for the bartender.
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Oct 4, 2012 06:08
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Well, thanks for the insight. Legal advice is being sought and criminal charges are still a possibility.
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Oct 4, 2012 06:16
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SlayVus posted:Food truck must be parked under stable cover, like a car port, and on concrete. No parking it at the end of the day on like gravel. Konstantin is right on the money, but to throw a little more out there: People love food trucks, but governments hate them (usually) for a variety of reasons. They don't generally make the process easy - and that's on top of the usual difficulties in opening a restaurant. IANAL, restaurant inspector, or even a resident of your state, but my friend owns a small restaurant chain in California and I can tell you that permitting/inspections are the hardest part of setting up a restaurant. It helps to be very friendly and get on the inspector(s)'s good side. As to the specific points above: Overnight parking your expensive mobile restaurant somewhere it is protected from the elements is a no-brainer anyway. I imagine this requirement is to reduce the possibility of mold or mildew in case of minor unseen leaks, among other things. All-electric food trucks are not uncommon (get some good portable generators; you'll need at least one anyway), simply because propane can get ugly in a crash or if there's a leak in the tiny space that is the interior of a food truck. Commercial-grade appliances is a standard (at least in CA and I would imagine almost everywhere) and unsurprising requirement for commercial food service establishments. Yes, normal household kitchen equipment is cheaper, but it likely isn't built to the same standards and it sure hasn't been tested and approved for it. (I do know of a small restaurant chain that uses one non-commercial-grade appliance because a commercial-grade analogue does not exist. They quickly throw it into a cupboard when they see the inspectors coming...). Fryers... I'm with you on that. They're dangerous, since oil can slop about when the vehicle is in motion if you don't take proper care, but they're hard to do without in many situations (but who knows, maybe your local health department can suggest a reasonable alternative; it can't hurt to ask). What I'm saying is there are usually good reasons for food service regulations, and you can't (and generally shouldn't) avoid following them; the issue is they all pile up one after another and start to seem insurmountable. Being mobile just adds another heap of regulations to the pile and (if the city doesn't want you there) makes the inspectors look that much harder for problems. Don't expect it to be easy, but (assuming the money is there to follow this through) don't give up. Choadmaster fucked around with this message at 07:51 on Oct 4, 2012 |
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Oct 4, 2012 07:46
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Choadmaster posted:Fryers... I'm with you on that. They're dangerous, since oil can slop about when the vehicle is in motion if you don't take proper care, but they're hard to do without in many situations (but who knows, maybe your local health department can suggest a reasonable alternative; it can't hurt to ask). There are fryers designed for marine applications, I'm sure they make a smaller model for food trucks. All you need is a locking lid, really (and the fryer has to be an integral part of the counter, or at least seriously bolted down, obviously.) FrozenVent fucked around with this message at 13:27 on Oct 4, 2012 |
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Oct 4, 2012 13:24
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I had a medical debt turned over to a collection agency recently and I'm wondering about the legality of it. I had signed a promissory note with the hospital agreeing on a payment plan and hadn't missed a payment, received no notice by mail or otherwise, and suddenly I have a bill collector calling me. Is it worth asking the business office at the hospital in question what the gently caress they did, or is there nothing I can do about it either way?
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Oct 4, 2012 22:59
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I need to ask you lawyer types a question for a family member that I hope you can answer. This person has a pretty strong case regarding harassment, discrimination and being fired from a job for reasons that were so objectively unfair that it warrants litigation. Really they are just in need of a jumping off point here. They've been recommended a local lawyer that specializes in litigation, but they're wondering if maybe they should look for a bigger law firm or something. So the question is, when selecting a lawyer or team of lawyers, how do you go about it to get the best results? This is in Oregon if it matters.
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Oct 4, 2012 23:11
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If the behavior was illegal harassing behavior, i.e., due to membership in one of the protected categories (such as race or religion), then the EEOC should be contacted.
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Oct 4, 2012 23:57
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It looks like the age discrimination only works if you're 40+. It was a case of a much younger person. It's not really so much discrimination (although that is part of it), as it is a senior person abusing their power, harassment and retaliation directed toward this individual when they did not comply. It looks like the EEOC doesn't cover retaliation unless it is in relation to one of their protected forms of harassment. Mainly they just need to know the proper way to go about selecting representation for this particular sort of case.
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Oct 5, 2012 00:24
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Ramsus posted:It looks like the age discrimination only works if you're 40+. Correct. Ramsus posted:It's not really so much discrimination (although that is part of it), as it is a senior person abusing their power, harassment and retaliation directed toward this individual when they did not comply. Of course, I don't know the specifics of your case, but in general, an employer acting like an rear end in a top hat isn't illegal. Ramsus posted:It looks like the EEOC doesn't cover retaliation unless it is in relation to one of their protected forms of harassment. That is correct. That doesn't mean there might not be some other retaliation claim to be made (for example, retaliation for filing a wage claim). Your relative's lawyer would be able to lay the possible claims out for him or her and should also advise on the state and/or federal agencies who could get involved. Ramsus posted:Mainly they just need to know the proper way to go about selecting representation for this particular sort of case. Has your relative spoken to a number of lawyers? She/he should compare rates, experience, whether this is the primary practice area for the attorney, check online for any reviews, see if they belong to any employment law organizations (NELA is a major one).
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Oct 5, 2012 00:40
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Skinny King Pimp posted:I had a medical debt turned over to a collection agency recently and I'm wondering about the legality of it. I had signed a promissory note with the hospital agreeing on a payment plan and hadn't missed a payment, received no notice by mail or otherwise, and suddenly I have a bill collector calling me. Is it worth asking the business office at the hospital in question what the gently caress they did, or is there nothing I can do about it either way? Ask over at the dealing with debt collectiors thread for more info, but here is a basic summary of what you should do. First of all, pull your credit reports and dispute any charges relating to this that appear on them. Don't deal with anyone over the phone, if the debt collectors call back tell them that you only want to hear from them in writing, then hang up. Continue sending your payment to the hospital under the terms of your agreement, if they cash the check, they still own the debt and the collector has no right to try and collect on it. If they return the check, still don't pay the debt collector, and respond to the hospital with a letter stating that you have a preexisting agreement with them, and provide as much supporting documentation as you can. Send all letters certified mail with return receipt, and keep all documents you get relating to this.
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Oct 5, 2012 01:07
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ibntumart posted:Has your relative spoken to a number of lawyers? She/he should compare rates, experience, whether this is the primary practice area for the attorney, check online for any reviews, see if they belong to any employment law organizations (NELA is a major one). They haven't talked to one yet, but thank you for the advice. I tried to keep the story vague, so I know that makes things difficult.
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Oct 5, 2012 01:33
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Pennsylvania, USA Applying for employment in healthcare, I frequently see applications that say, "I further acknowledge that if I should end my employment without notice, quit or [no call no show], during the first [6 months or year] of employment, my final pay check will reflect a wage adjustment to the current Federal/State Minimum Wage." Is this legal and enforceable if you sign to it? At-will employment or not, your wage is contracted and cannot be adjusted without notice for hours of work already completed, right? Is this something the State Dept. of Labor would assist with?
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Oct 5, 2012 17:01
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goku chewbacca posted:Pennsylvania, USA Best to assume it would be legal and enforceable since the healthcare industry is required to comply with tons of regulations. You wouldn't really want to find yourself fighting this in court against a healthcare company since they tend to be quite large and have tons of lawyers and that will become very expensive. Since you know beforehand just make sure that you are prepared to put in 6 months before leaving. People have to recognize that sometimes, even if the law on your side (this is never a given), convincing a court of that can be extremely expensive and risky. Count yourself lucky that you at least know what you are getting yourself into.
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Oct 6, 2012 00:15
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goku chewbacca posted:Pennsylvania, USA That seems like a fairly reasonable penalty clause that auto-adjusts to the lost value of your work. If you live in freedomland and you are actually getting a contract of employment then you shouldn't really quibble over a term like that. e: he doesn't have to give 6 months notice, the restriction just appears to be in place for that time. It's basically a probation period and they're doing the minimum to cover themselves for hiring someone for a long-term position who skips out on them.
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Oct 6, 2012 00:40
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Alchenar posted:That seems like a fairly reasonable penalty clause that auto-adjusts to the lost value of your work. I guess I was really asking how the State Department of Labor would handle an employer adjusting the pay for labor hours that have already been completed. I'd already guessed that it would be too difficult and costly to pursue alone with private legal counsel. vvvvvvvvvvvvv At-Will employment means that both parties can terminate employment at any time for any cause or no cause at all. It doesn't address non-payment of wages or changing pay rate for labor already completed. goku chewbacca fucked around with this message at 03:44 on Oct 6, 2012 |
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Oct 6, 2012 03:24
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goku chewbacca posted:Pennsylvania is an At-Will Employment state. 
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Oct 6, 2012 03:39
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goku chewbacca posted:That's just it. There's no term employment contract. Pennsylvania is an At-Will Employment state. And the application in front of me, for a part-time/casual per diem 2nd job, threatens to lower the last bimonthly paycheck to minimum wage if you quit before a YEAR. Well, at the end of the day, I guess the real question is how much is really at stake? $5 per hour between your wage and the minimum? That's $400, pre-tax, on an 80-hour pay period. At that point I'd treat it like a damage deposit when you rent - awesome if you get it, but assume you probably won't.
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Oct 6, 2012 06:44
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So, I'm a moron who didn't know anything about car insurance, and only had 5k worth of property damage insurance. I was driving in CA and was determined to be at fault for an accident (rear-ended a guy, who scratched a girl in front of him. My airbags deployed but nobody was hurt. My car was totaled (just fixed it, out of pocket). The car I hit has suddenly been totaled by their insurance (they apparently found frame damage) and that's 10k over my limit. I am in school and only have some savings. The insurance companies are haggling. How and when do they do asset discovery? What even counts as an asset (my newly fixed car?) Do I get in trouble for trying to pay my debts with my savings? I have not been sued yet, but I don't want to end up owing money I'll never have.
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Oct 6, 2012 12:08
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QuiteMad posted:So, I'm a moron who didn't know anything about car insurance, and only had 5k worth of property damage insurance. I was driving in CA and was determined to be at fault for an accident (rear-ended a guy, who scratched a girl in front of him. My airbags deployed but nobody was hurt. My car was totaled (just fixed it, out of pocket). The car I hit has suddenly been totaled by their insurance (they apparently found frame damage) and that's 10k over my limit. I am in school and only have some savings. The insurance companies are haggling. How and when do they do asset discovery? What even counts as an asset (my newly fixed car?) Do I get in trouble for trying to pay my debts with my savings? I have not been sued yet, but I don't want to end up owing money I'll never have. You could be really hosed. I would talk to a lawyer.
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Oct 6, 2012 17:46
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terrorist ambulance posted:You could be really hosed. I would talk to a lawyer. No kidding. You're just lucky you didn't hit a traffic signal control box. I certainly wouldn't recommend less than 100k of property cover.
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Oct 6, 2012 18:50
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goku chewbacca posted:That's just it. There's no term employment contract. Pennsylvania is an At-Will Employment state. And the application in front of me, for a part-time/casual per diem 2nd job, threatens to lower the last bimonthly paycheck to minimum wage if you quit before a YEAR. I don't understand why you think this is illegal. You don't get paid the instant you do work, you get paid at the end of the two-week period. If you contract that your hourly rate can change based on various factors (you quitting the job, you performing better, the temperature outside, whatever - think about incentive-based pay systems), so long as you're getting over minimum wage that's not going to be illegal. Now, it would be illegal for them to retrospectively come along and say "We decided we didn't like how well you did your job last week, so you're only getting $7/hour" if they had never given you notice that that's how the contract worked. But that's not this situation. If, instead, the contract gives them the ability to set your hourly wage based on performance, then it is okay for them to say "We decided we didn't like how well you did your job last week, so you're only getting $7/hour." You may not like the contract, and it might be somewhat abusive (it's not, really), but if it's established in the contract, you're going to have a very hard time establishing that it's illegal in an at-will employment state.
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Oct 6, 2012 18:57
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So my friend (friend I swear, I use Xhamster like a normal human being who the hell downloads porn!?) got caught up in one of these: http://metroland.net/2012/09/20/the-money-shot/ (Can I just say wow what a totally brilliant way to exploit our lovely legal system and our hardon for intellectual property) It's coming down to the "poo poo hits the fan" stage, the other party is about to go to trial if he doesn't fork over $3400 to settle. He spoke to a couple lawyers last year but most wouldn't give him much without him paying money he didn't have to get their services retained. Apparently some judge poo poo canned a bunch of these mini lawsuits but his is still valid for the nonce. How does he make this go away without paying the extortion fee?
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Oct 6, 2012 21:55
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