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Tenant rights question, in Texas. I am about 9 months through my year-long lease in a townhome. Have learned that the my lease says that complex requires 60 days notice of my intent to vacate, or else they automatically renew my lease for month-to-month (30% price increase) without me signing anything other than my original lease. So, if January 2nd rolls around and they haven't heard from me, am I really on the hook for an extra months rent? If I notify them of nothing, and just move my stuff out at the end of my lease, the month-to-month "lease" also requires 60 days notice. So in that case am I responsible for 2 months extra rent at a 30% increase? I know that the lease is pretty clear, I'm just wondering if that's normal legally-okay stuff to have in a lease. It just bugs me that I signed nothing other than the contract last year, and am not ready to make a decision yet... :-/
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Dec 12, 2012 14:36
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drat Bananas posted:Tenant rights question, in Texas. That's perfectly legal and it's what you signed up to. It's also pretty fair - you get to stay as long as you want and the landlord gets extra money to compensate for the new risk he has of not knowing when his tenant is going to disappear and he needs to find a new one. If you want to stay on (or consider it) then you should just contact your letting agency now and negotiate what your options are.
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Dec 12, 2012 14:54
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Alchenar posted:That's perfectly legal and it's what you signed up to. It's also pretty fair - you get to stay as long as you want and the landlord gets extra money to compensate for the new risk he has of not knowing when his tenant is going to disappear and he needs to find a new one. Thanks, that's what I thought, but wanted to make sure. I guess I thought the whole point/definition of a month-to-month is for people like me with uncertain living situations who might only have 30 days notice themselves of their need to move, and the 30% hike in rent was the complex's safety net, not the notice. Seems silly to sign up for month-to-month at that rate if I could just sign a 2- or 3- monther (which they offer) and the penalty for breaking lease is only one months rent. "his tenant is going to disappear" - 2 months notice isn't really disappearing. As for "fair", I know there is a waiting list for my floor plan, so they aren't going to be looking for a replacement for long. But these aren't legal questions anymore, just gripes and I know I have rambled  E/n In my uncertain situation I will probably end up paying 2 mortgages + this hiked up rent for a couple months due to a chain reaction situation. Ugh. I'll probably revisit this thread with inheritance questions. Protip: if you write a will, make the heir the executor as well. Not your relative who lives out of state, who you didn't leave *anything* to. Complicated court arrangements and hurt feelings abound.
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Dec 12, 2012 16:07
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drat Bananas posted:Protip: if you write a will, make the heir the executor as well. Not your relative who lives out of state, who you didn't leave *anything* to. Complicated court arrangements and hurt feelings abound. Wills aren't my thing, but I do seem to remember that in some states, there are restrictions on residency for executors, including I believe some cases restricting whether executors can be beneficiaries.
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Dec 12, 2012 16:21
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Debt Collection After receiving some emergency medical care at an ER a few months ago, I got a bill for services rendered by the physicians. I paid the bill on November 21 (my credit card statement proves this), however, on December 5th I got notice in the mail from a debt collection agency seeking to collect that same debt. I'm obviously not going to pay for this twice, but what's my action here? Call the original creditor and say "what the gently caress you accepted my payment, fix this"? Call the debt-collector and dispute? Both?
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Dec 13, 2012 00:05
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Protip: decline to serve as executor if it's inconvenient
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Dec 13, 2012 04:39
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Dogen posted:Protip: decline to serve as executor if it's inconvenient I'm the heir, my aunt is the executor. The backup executor (or whatever it calls it) is my uncle, also out of state. If they both decline, I have to go to court for every decision I want to make about anything, which is not cheap, but either way my aunt wants to be involved and won't decline.
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Dec 13, 2012 15:39
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ComposerGuy posted:Debt Collection Definitely call the hospital. Don't bother with the debt collector, they wont believe you and you'll only prove you exist and have a working phone they can use to harass you.
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Dec 13, 2012 20:38
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There is also a debt collector thread in BFC you might want to check in on.
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Dec 13, 2012 20:49
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I have a friend who got hit by a drunk driver a couple of years ago. After getting one letter with an restitution offer from the insurance company back then, she let the offer sit while consulting with a lawyer and just recently called them back - turns out it's a week after the offer expired. Is she proper hosed because she waited too long to get back to them (they said it was one week after the statute of limitations) or is there anything she can do? edit: this is in California
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Dec 13, 2012 22:28
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moana posted:I have a friend who got hit by a drunk driver a couple of years ago. After getting one letter with an restitution offer from the insurance company back then, she let the offer sit while consulting with a lawyer and just recently called them back - turns out it's a week after the offer expired. Is she proper hosed because she waited too long to get back to them (they said it was one week after the statute of limitations) or is there anything she can do? She waited too long, she's hosed. A competent lawyer should have RED FLAGGED the statute of limitations when she consulted with him. If he didn't do that then there might be a technical not-worth-pursuing action in negligence against him. PS. Someone from California can tell you if the statute of limitations can be waived (but 'I was dumb and sat on my hands' is unlikely to be a sufficient reason). e: that's for the personal injury claim. Assuming she was in a car then she still has a claim for any damage done to that (assuming her own insurance company didn't sort that out for her). Alchenar fucked around with this message at 22:46 on Dec 13, 2012 |
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Dec 13, 2012 22:44
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How would a SOL apply to an offer from an ins company. (I am missing the connection.)
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Dec 13, 2012 22:46
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moana posted:I have a friend who got hit by a drunk driver a couple of years ago. After getting one letter with an restitution offer from the insurance company back then, she let the offer sit while consulting with a lawyer and just recently called them back - turns out it's a week after the offer expired. Is she proper hosed because she waited too long to get back to them (they said it was one week after the statute of limitations) or is there anything she can do? If there's a statute of limitations issue, she needs to talk to an attorney TODAY. If the offer expired, it's not so much of a problem. If the statute of limitations expired, she's most likely proper hosed. Anything she can do will depend on whether the statute of limitations really has expired, which she can check with her current(?) attorney. If the statute of limitations expired and she was arguably represented by counsel, she needs to talk to a legal malpractice attorney. Whether anything happens from there will turn on the whether she was consulting or had actually hired the attorney. I kinda sounds like she deferred her decision with the insurance company by using the excuse of consulting with an attorney and then did nothing. If this is the case, she should still go talk to a California personal injury attorney - there may be some CA provision that will allow here to get around the statute of limitation.
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Dec 13, 2012 22:47
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euphronius posted:How would a SOL apply to an offer from an ins company. (I am missing the connection.) It sounded like a few years passed between the offer and her getting back to them? They might reasonably say that the offer's lapsed, especially if the statute of limitation on the claim their settling passed.
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Dec 13, 2012 22:47
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Yeah, it was two years, and she just missed it by a few days. This is horrible news for her, she asked the personal injury attorney she had talked to before about it and he said she was pretty much hosed. She wasn't represented by counsel so that's out. She is beating herself up over it but I guess there's nothing to be done but move on. Thanks for the quick advice.
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Dec 13, 2012 23:52
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Did the attorney she initially consulted with warn her about the statute of limitations? You said she consulted with an attorney after receiving the letter, and statutes of limitation are the among the most important things for an attorney to mention in those meetings, in large part because of circumstances where people get confused about whether they're represented, nobody does anything, and the statute runs. Regardless, at the end of the day, your friend is still almost certainly screwed.
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Dec 14, 2012 00:27
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Today, I drove by a police car who was holding out a speed gun. I was going 39/40 on a 35- but only because I was in the "far right" lane (it was a 4-lane road, and then there was a cut-off road off to the side, this is the one that I got onto) that you get on before merging onto a ramp to then merge onto the highway. I didn't get stopped but the cop was pointing the thing RIGHT AT me & it creeped me out so I wondered if I may have done something wrong? Aren't you supposed to accelerate when getting onto a ramp to enter the highway? I know nil about speed guns and was under the impression that they also took photographs of speeding vehicles so I wondered if there was a chance I might receive a fine in the mail.
Captain Mog fucked around with this message at 04:07 on Dec 14, 2012 |
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Dec 14, 2012 04:05
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I don't think you're supposed to speed up before you get onto an on ramp, no. I doubt that the cop took a picture of you.
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Dec 14, 2012 04:15
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SlenderWhore posted:Today, I drove by a police car who was holding out a speed gun. I was going 39/40 on a 35- but only because I was in the "far right" lane (it was a 4-lane road, and then there was a cut-off road off to the side, this is the one that I got onto) that you get on before merging onto a ramp to then merge onto the highway. I didn't get stopped but the cop was pointing the thing RIGHT AT me & it creeped me out so I wondered if I may have done something wrong? Aren't you supposed to accelerate when getting onto a ramp to enter the highway? I know nil about speed guns and was under the impression that they also took photographs of speeding vehicles so I wondered if there was a chance I might receive a fine in the mail. Handhelds don't take photos, or at last thy don't around here. It was probably a LIDAR unit, hich must be aimed at individual cars in order to read their speed. Don't worry about it.
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Dec 14, 2012 04:22
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moana posted:Yeah, it was two years, and she just missed it by a few days. This is horrible news for her, she asked the personal injury attorney she had talked to before about it and he said she was pretty much hosed. She wasn't represented by counsel so that's out. She is beating herself up over it but I guess there's nothing to be done but move on. Thanks for the quick advice.  The door is not 100% closed, just probably closed. She needs to meet with an attorney ASAP who will look into every nook and cranny.The statute of limitations for personal injury in CA is 2 years. A personal injury attorney may very well look at that and throw up their hands without looking further. So it's not looking good, and maybe her attorney did know all the nooks and crannies and she's truly hosed. But.... 340.3. (a) Unless a longer period is prescribed for a specific action, in any action for damages against a defendant based upon the defendant's commission of a felony offense for which the defendant has been convicted, the time for commencement of the action shall be within one year after judgment is pronounced. ... (c) If the sentence or judgment is stayed, the time for the commencement of the action shall be tolled until the stay is lifted. For purposes of this section, a judgment is not stayed if the judgment is appealed or the defendant is placed on probation. What that means is, if the defendant got a felony DUI and the trial dragged on for a year or sentence stayed, she could still be in business. There may also be other ways the time limit could be paused (maybe bankruptcy, maybe an illness, I dunno). If she can squeak out a few months of pause, she could still get them. I wouldn't give her false hope, but it's very much worth seeing an attorney who will take a hard look beyond the 2 years. Like if it were my sister, I'd drive her to see a different attorney tomorrow knowing there's a 97% chance of nothing. woozle wuzzle fucked around with this message at 04:54 on Dec 14, 2012 |
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Dec 14, 2012 04:50
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We were supposed to be closing on our restaurant today with the seller. When the place was up for sell we offered $70,000. The seller counter-offered $75,000. We accepted and put up $1,500 earnest money. We've already dropped off the check for $75,000 and has been sitting with the Realtor for the past two or three weeks. Closing was at 10:30 AM this morning. The contracts for the agreed upon amounts have already been signed, the final closing papers have not been signed. The seller's family is now telling the seller not to sell because they're getting too little. Isn't there a period where the seller can't back out any more? Or is the seller always able to not go through with the sell even at the time of the final closing? My mother, the buyer, has a lawyer. I'm just trying to see if there isn't some kind of standard agreements in contracts to prevent this? We were only given 15 days at the time of handing over the earnest money to back out if we wanted to without penalty. After the 15 days, we would lose out earnest money and could be subject to being sued by the seller to be taken to court to uphold the contract. SlayVus fucked around with this message at 17:28 on Dec 14, 2012 |
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Dec 14, 2012 17:19
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You should already had a lawyer. Get one now. Edit Oh wait you arent a party. What did your Mom's lawyer say? euphronius fucked around with this message at 00:13 on Dec 15, 2012 |
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Dec 14, 2012 22:10
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I would take it as a sign from god. I'd bet you $50 that 5 years from now, your mother will wish she could go back in time and have the deal fall through.
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Dec 14, 2012 22:27
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Assume a defendant files an answer in response to a civil complaint. In their answer, they include counterclaim language that targets details outside the initial complaint. The state (UT) has separate forms for answers versus counterclaims [ http://www.utcourts.gov/howto/answer/#forms ] and there is a filing fee for processing counterclaims. By failing to file a proper counterclaim, does the defendant's claims have any legal merit or will they be ignored/dismissed by the judge? edit: The "counterclaims", if admitted, would be (I believe) compulsory counterclaims since they fall under the same "transaction" (e.g., landlord-tenant contract; damage of property). reyalsnogard fucked around with this message at 17:21 on Dec 15, 2012 |
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Dec 15, 2012 16:58
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REYAL THAT IS FOR YOUR LAWYER NOT FOR YOU JUST TALK TO YOUR LAWYER JESUS CHRIST ON A STICK! Also, those counterclaims are probably fine and will be considered.
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Dec 15, 2012 19:02
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@Arcturas I am curious about the legal process, today is Saturday, and my lawyer is (rightfully so) not back in the office until Monday. I already had full intent to ask them about the specifics as they regard my case. This isn't a question about my defense/offense -- the defendant's claims, even if correctly filed, have no merit and I have overwhelming evidence to contradict -- but about the legal process. Arcturas posted:Also, those counterclaims are probably fine and will be considered. According to UT (and possibly other states), counterclaims must be filed separate from answers. They don't have to be filed simultaneously, just separate. Compulsory counterclaims must be filed in the same suit as the complaint. Hence my curiosity: if they didn't file a counterclaim (per court/legal requirement), instead opting to tuck them inside their answer, do the counterclaims have any merit? Your answer of "are probably fine and will be considered" suggests a flaw in the legal system where process can be ignored. Do you have anecdotal experience, references for precedence, or is this off-the-cuff e-lawyering? Thanks.
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Dec 15, 2012 20:05
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reyalsnogard posted:Your answer of "are probably fine and will be considered" suggests a flaw in the legal system where process can be ignored. Do you have anecdotal experience, references for precedence, or is this off-the-cuff e-lawyering? Do you think that the legal process should be a metagame where if someone forgets to initial page 8 then you automatically win?
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Dec 15, 2012 20:11
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EAT THE EGGS RICOLA posted:Do you think that the legal process should be a metagame where if someone forgets to initial page 8 then you automatically win?
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Dec 15, 2012 20:18
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Reyal, where are you getting the idea that counterclaims have to be alleged in some mystical separate pleading? According to Rule 8(c) and Rule 13, counterclaims should be pled as part of the answer, and even if they're mistakenly pled as an affirmative defense or as some other defense, the court can simply treat them as counterclaims.
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Dec 15, 2012 20:24
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Well in federal court.
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Dec 15, 2012 20:47
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insanityv2 posted:Well in federal court. State court, too. While there are some substantial differences between the URCP and the FRCP for discovery/timing/disclosures, they're almost identical as far as pleading requirements.
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Dec 15, 2012 20:50
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In 2011 I was involved in a car accident where I hit the back bumper of the driver in front of me. I was in a company vehicle* and on the clock at the time; no one was hurt, and the other driver was pretty chill, seeing as he had a rental car. No one was declared at fault per the police (I still don't know why since I hit the other car, but the policeman did not issue a ticket and told me not to worry.) but clearly the insurance companies were right in stating I was at fault, since I was the one who hit the other guy. I reported the accident to my company's insurance department, they also told me not to worry, everything was covered. Today I received a letter in the mail from the rental car insurance company demanding $4K to cover the damage to the rental car. The letter states that they have not received payment from my insurance company and have sent them and me several letters about this. I don't remember ever getting any letters and nor was my personal insurance company ever involved, just the company's. My boss told me not to stress, likely this claim just got forgotten about, but how likely is it that I will have to pay this bill? I was not driving drunk or intoxicated if that matters. I am also worried because while the policeman didn't say either of us was at fault, I clearly was, and I am seriously hoping the company insurance decided not to pay because there was no at-fault ticket issued. I know there is nothing I can do until Monday or Tuesday regardless, but it is never a good way to start a three-day weekend with this. *My company vehicle was a rental from Enterprise. The day before this I was involved in an accident where another driver took off half my front end bumper and the vehicle was not drivable. I got the Enterprise rental the next day. So technically it was not a branded company vehicle I was driving at the time of the accident, but one through my company's insurance. I don't know if that matters. Cowslips Warren fucked around with this message at 08:23 on Dec 16, 2012 |
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Dec 16, 2012 03:24
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reyalsnogard posted:counterclaims Didn't we tell you to drop this bullshit weeks ago? Didn't we say that you're chasing empty money for nothing but heartache? I specifically told you in no uncertain terms not to sue them. And now you're facing a counterclaim... asking us how it works. I think it's time you were cutoff from this thread. Dude, with all due respect, you're a moron. You can't even non-suit it now with counterclaims filed (which won't be tossed out, btw, and no I'm not telling you why because you smell like dog peepee). They can now engage in discovery against you. Good luck with that. You didn't listen to us then, so why are you still talking to us? Even if you win you're getting NOTHING. Do you hear me reyalsnobrain? YOU ARE GETTING NOTHING EXCEPT A LAWYER'S BILL. YOU WILL NOT COLLECT A PENNY. I GUARANTEE YOU IT WILL ALL END IN TEARS.
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Dec 16, 2012 03:57
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EAT THE EGGS RICOLA posted:Do you think that the legal process should be a metagame where if someone forgets to initial page 8 then you automatically win? A lot of laypeople do, in my experience. They'll find some minor flaw in a form or document and think that they've pulled a real  and are bound to win. But the reality is that courts and other decision makers inevitably have some kind of discretion to amend or ignore trivial procedural points where the justice in the case isn't affected by it.Those are also exactly the kind of people who end up fighting pointless disputes for years.
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Dec 16, 2012 15:13
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Looking up all that reyalwhatever dude's posts in the thread and reading them all at once rules and is hilarious
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Dec 16, 2012 17:11
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terrorist ambulance posted:Looking up all that reyalwhatever dude's posts in the thread and reading them all at once rules and is hilarious On the other side of the coin so to speak, suppose you as a tenant are faced with a bill from a landlord detailing expenses that include reported damages on move-in. They then file a report to the credit agencies. What remedies are available for this fraudulent reporting?
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Dec 16, 2012 23:46
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terrorist ambulance posted:Looking up all that reyalwhatever dude's posts in the thread and reading them all at once rules and is hilarious I thought he was the guy who forgot he signed his intake paperwork at the doctor's office and wanted to sue them for giving him anesthetic. Turns out he's a totally separate wacko and just as entertaining.
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Dec 17, 2012 00:10
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baquerd posted:On the other side of the coin so to speak, suppose you as a tenant are faced with a bill from a landlord detailing expenses that include reported damages on move-in. They then file a report to the credit agencies. What remedies are available for this fraudulent reporting? You can dispute the debt with the agency, and request verification under the fair debt collection practices act. I'm not super familiar with it, but the "Ask me about debt collectors" thread has a lot of good info, and is a good place to ask about disputing debts. But in general, it's not that terrible to pop off fraudulent reports.
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Dec 17, 2012 01:29
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reyalsnogard, I am curious. You have a lawyer on this, right? Are you paying them hourly? What did you put down as a retainer? What's your bill so far? Have they given you any indication as to their confidence in your case/outcome? woozle wuzzle posted:I think it's time you were cutoff from this thread. No, no! If you guys cut him off, we will never get to hear about how he loses the suit, gets a judgement against him for $5000, refuses to pay it out of principle, and ends up with a lien on his rental property.
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Dec 17, 2012 02:32
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baquerd posted:On the other side of the coin so to speak, suppose you as a tenant are faced with a bill from a landlord detailing expenses that include reported damages on move-in. They then file a report to the credit agencies. What remedies are available for this fraudulent reporting? Credit reporting statute where I'm from, also counterclaiming and applying for costs on whatever bullshit suit they bring, knowing they're so disorganized they're asking internet message boards for what "negligence" means and don't have a prayer of meeting their persuasive burden
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Dec 17, 2012 07:06
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