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Thanks. That answers my question.
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Jul 15, 2013 04:42
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lonelylikezoidberg posted:Hi there, hoping someone can give me some general sort of legal advice relating to renting contracts. Here's my situation: You have a binding lease, and the new owners are obligated to honor it. They don't have a leg to stand on, they knew or should have known about the lease before they the bought the house, and if they didn't it isn't your fault. Two months rent is chump change, my hunch is that if you refuse to move you could easily get triple that or more if they really want to live in this house. They can't kick you out without taking you to court, and if you have a copy of the lease and lease extension you should win the court case. New homeowners can be irrational, especially if they've already emotionally committed to moving into that house and don't have any alternative housing solutions, and you could absolutely take advantage of that and get whatever you want.
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Jul 15, 2013 10:22
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Konstantin posted:You have a binding lease, and the new owners are obligated to honor it. They don't have a leg to stand on, they knew or should have known about the lease before they the bought the house, and if they didn't it isn't your fault. Two months rent is chump change, my hunch is that if you refuse to move you could easily get triple that or more if they really want to live in this house. They can't kick you out without taking you to court, and if you have a copy of the lease and lease extension you should win the court case. New homeowners can be irrational, especially if they've already emotionally committed to moving into that house and don't have any alternative housing solutions, and you could absolutely take advantage of that and get whatever you want. On the other hand, you don't want to be in a situation where you are living for over a year with landlords who hate you and are making every effort to find a way to evict you, so while I'd play a game of trying to squeeze them hard for wanting to break the lease, you should be looking to find somewhere else.
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Jul 15, 2013 10:33
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Thanks Alchenar and Konstantin. I think you are both right, the plan as of now is to squeeze the, for cash and find a new place.
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Jul 15, 2013 13:17
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SHUT UP MOM posted:Like I said it's not like I'm going to start spreading the information, but some close friends know who exactly it was. You'd be doing the public a service by letting everyone know about what she has and done. If you could prevent one person from getting this debilitating disease, wouldn't it be worth it?
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Jul 15, 2013 15:48
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chemosh6969 posted:You'd be doing the public a service by letting everyone know about what she has and done. If you could prevent one person from getting this debilitating disease, wouldn't it be worth it? Slander and intentional infliction of emotional distress are not mutually exclusive. I wouldn't buy any ad space just yet. e: Mass doesn't seem to have any specific law against spreading non-lethal bugs, so this could be garden-variety battery on both the civil and criminal sides. Call a personal injury lawyer. flakeloaf fucked around with this message at 18:22 on Jul 15, 2013 |
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Jul 15, 2013 18:18
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flakeloaf posted:Slander and intentional infliction of emotional distress are not mutually exclusive. I wouldn't buy any ad space just yet. Don't forget public disclosure of private facts.
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Jul 15, 2013 18:20
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joat mon posted:Don't forget public disclosure of private facts. One could argue that a promiscuous person's reckless transmission of STDs is "of public concern". Not that this makes it a good idea. If you want to publish her name, get her charged with something and let the local media do it for you. flakeloaf fucked around with this message at 18:35 on Jul 15, 2013 |
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Jul 15, 2013 18:23
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Allegations of loathsome disease are per se defamation in many (most?) jurisdictions. Source: hazy memory of 1L torts
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Jul 15, 2013 21:18
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Hopefully a simple question that I only have because I have no experience with traffic court: I'm in New York. I was ticketed for Following Too Closely on Saturday, with the notable detail that the car I was ticketed for following too closely was that of the officer who then pulled me over. Since that makes most of the other details insignificant, I'll leave them out; I'm just wondering if it's worth it to plead not guilty and show up to ask for a reduction (it's my first traffic ticket, though I've had parking tickets), or if the officer being the other driver means that I'm screwed as far as getting a reduction and may as well just plead guilty, send a check and move on. I'm also unable to determine if my insurance rates can go up for this. Section 2335 of NY law implies "no," but it seems to have gone in and out of validity over the years. Thanks!
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Jul 15, 2013 23:07
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tzirean posted:Hopefully a simple question that I only have because I have no experience with traffic court: Don't know about ny but most areas allow you to take a driving course to keep the points off your license and to keep from hurting your insurance rate. If they do that, yes it is worth it.
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Jul 16, 2013 00:46
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SHUT UP MOM posted:On top of that, an outbreak usually gives me the flu and I'm bedridden for a day or two. Does your physician know this?
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Jul 16, 2013 03:43
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A while back I asked about contract advice for my youtube income, and the repeated answer was that I really needed to incorporate first, so I contacted a lawyer that a friend uses for their business and he's wanting to charge $750 for preparing the filing (and “Acting as an agent for service of process.”) plus $75 for the filing fee, does this seem a bit normal to you? Should I just follow up with this and ask specific questions? Should I look elsewhere, do people have recommendations on how to find a better deal? At this point I'm ready to give up on it all rather than go on dealing with the pain of youtube's copyright clearance nazi's and eternal fanboi requests, I'm feeling completely overwhelmed at this point trying to juggle my day job, family and this hobby which looks like it could turn into a pit of paperwork if I have to start running accounts for it as a legal entity. Sorry for the drama, I'm supposed to be on holiday with my family, and I can't sleep because of this stuff.
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Jul 16, 2013 11:48
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ROCKET SCIENCE
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That sounds like a normal price, if not even a bit low.
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Jul 16, 2013 14:13
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illectro posted:A while back I asked about contract advice for my youtube income, and the repeated answer was that I really needed to incorporate first, so I contacted a lawyer that a friend uses for their business and he's wanting to charge $750 for preparing the filing (and “Acting as an agent for service of process.”) plus $75 for the filing fee, does this seem a bit normal to you? That's ballpark on. Good price for an actual lawyer who you may want to contact later on, but slightly on the high side if you just want to incorporate as cheaply as possible and that's it. For comparison, Resident Agent fees are roughly $100-$200 per year for a service that handles it for you; most filing fees for an LLC are between $75-$300 per year, and then the attorney will get a cut on top of that. All prices dependent on jurisdiction but generally that's what it costs. A site like RocketLawyer will do the complete package for $500-ish. But the incorporation document will probably suck. LegalZoom is roughly in the same ballpark. Other "incorporate now!" type businesses will generally charge roughly a $200-$300 fee on top of the state filing fee and roughly $150 for registered agent service for a year. Then they'll try to upsell you an extra $100 for a leather bound portfolio binder with your corporate seal and such. If you are a poor, this is a waste and don't get it. If you can afford to throw around some of the money from your videos (didn't you say you were pulling 5k a month? Or was that someone else?) and you want a pretty thing, go for it. Shoot me a PM. I've got someone you should talk to regarding monetized youtube directing that may help quite a bit with your problems. Leif. fucked around with this message at 16:49 on Jul 16, 2013 |
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Jul 16, 2013 16:43
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So I recently decided to rent a house and the listing said it had gas heat/water heater you know the deal. I sighed the lease not really looking into the truth and when I went to call the gas company they never had a hookup, and when i called the women she said oh no it doesn’t have gas it’s all electric. Now it's a really nice house and i still plan on renting it as i don’t really care but when i retold this (i thought at the time) humorous anecdote at the bar the other night a bunch of my friends said that was super illegal and how dare she and i should do something about it blah blah blah. So SHOULD i actually do something about this or just not worry about it since it TO ME doesn’t seem like that big of an issue? I am in Hampton VA USA.illectro posted:youtube poo poo Thats a very reasonable price, the firm i used to intern at charged 100 dollars for that. It was kinda the generic "paperwork fee" that being said it sorta is irrelevant who files this for you so shop around a bit. Maybey check out legalzoom? I know nothing about that service but i hear its good for this sort of thing. AcidRonin fucked around with this message at 19:11 on Jul 16, 2013 |
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Jul 16, 2013 19:09
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AcidRonin posted:So I recently decided to rent a house and the listing said it had gas heat/water heater you know the deal. I sighed the lease not really looking into the truth and when I went to call the gas company they never had a hookup, and when i called the women she said oh no it doesn’t have gas it’s all electric. Now it's a really nice house and i still plan on renting it as i don’t really care but when i retold this (i thought at the time) humorous anecdote at the bar the other night a bunch of my friends said that was super illegal and how dare she and i should do something about it blah blah blah. So SHOULD i actually do something about this or just not worry about it since it TO ME doesn’t seem like that big of an issue? I am in Hampton VA USA. Recognize that that is going to mean a significantly higher utility bill.
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Jul 16, 2013 19:29
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Thanatosian posted:I would only pitch a fit about it if you feel like the place isn't a good deal without the gas heat/water. Yea its just the one electric bill instead of two slightly smaller bills. Thats not the end of the world, it's what i pay now. I figured it wasnt worth "going to court" and whatnot. Beer + legal advice. 
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Jul 16, 2013 20:10
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In addition to not really being worth your time, if you like living there and it's a good deal, suing your landlord for some minor reduction in rent based on an incorrect disclosure will poison your relationship, meaning they'll kick you out the instant the lease is up, and probably spend the whole lease riding your rear end for minor things, hunting for a reason to give you the boot. Cordial relationships with good landlords are well worth a few bucks a month.
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Jul 16, 2013 20:46
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illectro posted:A while back I asked about contract advice for my youtube income, and the repeated answer was that I really needed to incorporate first, so I contacted a lawyer that a friend uses for their business and he's wanting to charge $750 for preparing the filing (and “Acting as an agent for service of process.”) plus $75 for the filing fee, does this seem a bit normal to you? we used to charge $1,000 to $1,200 for custom LLCs. Thats a decent price. “Acting as an agent for service of process.”: I assume this means he would list himself as your registered agent? Do you know and understand what that means? Its common, but not ideal for all businesses.
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Jul 16, 2013 21:34
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I have a question regarding the Home Affordable Foreclosure Alternative program. So apparently the house I rent is under short sale, through this program. Our landlord has pretty much stopped talking to us, but our contact with the realtor who is dealing with the property sent us a form to fill out for this program from the bank to apply for assistance. They basically told us that each of the occupants will be eligible for the program and will receive up to $3,000 if we vacate the house at the end of our lease and the house is in good repair. Is this legitimate? edit: This is in Baltimore, MD but as a federal program I assume that shouldn't matter. Quills fucked around with this message at 04:01 on Jul 17, 2013 |
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Jul 17, 2013 03:58
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Quills posted:I have a question regarding the Home Affordable Foreclosure Alternative program. So apparently the house I rent is under short sale, through this program. Our landlord has pretty much stopped talking to us, but our contact with the realtor who is dealing with the property sent us a form to fill out for this program from the bank to apply for assistance. They basically told us that each of the occupants will be eligible for the program and will receive up to $3,000 if we vacate the house at the end of our lease and the house is in good repair. Is this legitimate? http://www.makinghomeaffordable.gov/programs/exit-gracefully/Pages/hafa.aspx Yes, this is an actual program. as to whether the realtor is telling the whole truth of what you may be entitled to,I recommend you call HUD yourself and find out. Call 888-995-4673.
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Jul 17, 2013 04:11
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The $3000 is split amongst all tenants somehow. I know it goes on the HUD1. You have to move out when the short sale closes. There are eligibility requirements the loan and borrower have to meet and of course the sale might fall through. It is called "relocation assistance."
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Jul 17, 2013 05:03
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In my workplace, there are multiple hour to 2 hours spans where you aren't allowed water or bathroom privileges. It's in a kitchen and can reach 95 plus degrees on certain days. I was wondering if this is legal to do so in Ohio. It also a fast paced job and while nobody has passed out or gotten heatstroke, it's seriously only a matter of time
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Jul 17, 2013 14:40
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Inudeku posted:In my workplace, there are multiple hour to 2 hours spans where you aren't allowed water or bathroom privileges. It's in a kitchen and can reach 95 plus degrees on certain days. I was wondering if this is legal to do so in Ohio. It also a fast paced job and while nobody has passed out or gotten heatstroke, it's seriously only a matter of time There's no federal laws that force an employer to provide bathroom breaks. There's only a few states that have any laws allowing it and Ohio isn't one of them, so they can do it. http://www.com.ohio.gov/laws/FAQ.aspx
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Jul 17, 2013 17:04
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A little back story before my question: sometime in spring 2012 we got a letter from our HOA (Texas) asking us to repair the wood siding on part of our garage. We put it off and the HOA sent their lawyers after us. Never went to court, agreed to pay fine/somewhat discounted legal fees after making the repairs, and have been sending in the agreed-upon amount every month since making the agreement in February. Have never missed a month or underpaid. Received a letter in the mail today from the HOA lawyers stating they filed a motion to retain. The letter states that the court sent the plaintiff a Notice of Intent to Dismiss. It states that the defendants have received notification of all filings by the plaintiff (as far as I know, we have), and that the plaintiff "request that this court retain the case until the conclusion of trial." Now, I've Googled a bit and it seems like this letter is basically the HOA lawyers keeping the case open in case we decide not to pay or something like that. At first blush I panicked and thought they were taking us to court to destroy us or perform some other dastardly legal maneuver that a non-lawyer like myself would have no idea how to defend against and cost us a ton of money. It also has a court date for the end of the month on it. So: Am I right in believing this is a sort of maintenance-type motion on the HOA lawyer's part, just keeping the case open until they get their money, or am I completely wrong and am about to lose my house or something horrific like that? Also, is the court date something we definitely need to attend?
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Jul 18, 2013 01:37
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I have no idea why you don't have a lawyer.
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Jul 18, 2013 01:41
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We've been consulting with a lawyer through my wife's work (they have pre-paid legal services), and we're going to call them tomorrow, but I thought I might get a general answer (and some reassurance) tonight. And this is the only thing we've received from them (aside from payment receipts) since we settled.
a mysterious cloak fucked around with this message at 02:04 on Jul 18, 2013 |
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Jul 18, 2013 01:56
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It sounds like they just want to keep it on the docket instead of having a final order. Is your payment plan not going to go on very long?
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Jul 18, 2013 02:23
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The payments will be complete in May, assuming we only make minimum payments.
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Jul 18, 2013 02:48
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Got a landlord situation, and I want to see if I have any recourse here. I'm in NY state, but not the city. We're renting a house, moving out in two weeks. The landlords decided that this would be the perfect time to make some upgrades, since they didn't bother to schedule any time in between us moving out and the next people moving in. They've basically completely hosed over the basement, tearing stuff out and moving our stuff that was down there around as they felt like. They're also planning on doing work in the kitchen, which I'm sure is going to be just as bad, and mean that half the house is basically unusable by us. I don't think they're pulling anything illegal, since they did notify us that they'd be working on the house, but I wanted to check. Is there some point where this kind of thing crosses a line?
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Jul 18, 2013 03:25
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Nostratic posted:
a court will set cases for dismissal if nothing happens in them for a long time. So if I file a suit in January and August rolls around and nothing else has been filed, the court will notify the parties that it intends to dismiss the case for want of prosecution, unless a party steps up and asks the court to "retain" the case on the docket. If the HOA takes a judgment against you, they can foreclose on your house. What you've told us is that this is not a final trial date so they wouldn't be seeking a judgement at this time. Plaintiffs cean also seek judgment through motions for summary judgement. You should get an attorney - relying on a plaintiff's benevolence to not simply seek a judgement is like the worst idea ever.
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Jul 18, 2013 04:39
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El Wombato posted:Got a landlord situation, and I want to see if I have any recourse here. I'm in NY state, but not the city. New York law is very different from my state; you'll want to talk to someone more familiar with it. Very generally, Constructive Eviction is when the condition of the premises is such that it has been rendered uninhabitable and in certain situations the landlord can be responsible. Another old timey common law issue, which probably doesn't apply in your case, is Interference with your Right to Quiet enjoyment of the property. It's generally an implied covenant of tenancy, meaning that its assumed that a person who is paying to live somewhere has the right to live there peacefully, whether that right is spelled out in the lease or not. Competing with that right, a landlord has certain rights to make improvements and repairs, and those are probably expressed more fully in the New York property code. These are just general principals of law that are considered in situations like yours, and in no way an assessment of your actuall legal rights, if any. blarzgh fucked around with this message at 04:50 on Jul 18, 2013 |
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Jul 18, 2013 04:48
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blarzgh posted:a court will set cases for dismissal if nothing happens in them for a long time. So if I file a suit in January and August rolls around and nothing else has been filed, the court will notify the parties that it intends to dismiss the case for want of prosecution, unless a party steps up and asks the court to "retain" the case on the docket. Okay, that makes sense. My wife is calling the legal service tomorrow to get it taken care of, thanks for the advice!
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Jul 18, 2013 05:55
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Nostratic posted:Okay, that makes sense. My wife is calling the legal service tomorrow to get it taken care of, thanks for the advice! Can I ask about the story behind it all? Just curious.
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Jul 18, 2013 17:01
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Yeah if it goes on until next May I would get with a lawyer to get a final order with a settlement because it's stupid to carry the case on the docket for that long based on an informal arrangement between you and the HOA.
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Jul 18, 2013 17:22
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I've got an issue with the idiots at Comcast and thought I should make sure I'm in the right before calling them to yell some more. I'm in Philadelphia, PA. I have internet service from them and they sent me a cable TV box without being asked to a few months ago. When I called to complain, they sent me a label to UPS it back to them-- along with another, bigger cable box. The two of them together are too big and bulky for me to take to the UPS store and they refuse to pick them up from me, so I did nothing. They wound up billing me $250 for them this month. My understanding is that since this is unsolicited merchandise, I'm allowed to keep it without paying until they agree to pick it up at their expense. Is that right?
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Jul 18, 2013 17:26
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There are like 5000 Comcast offices in Philadelphia. There is one right near City Hall. I would honestly take everything to the office, explain what happened, and try to get the charges reversed. Comcast is usually pretty reasonable. Make sure you do it face to face with someone. Go early morning if possible. People get cranky as the day goes on.
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Jul 18, 2013 18:53
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euphronius posted:Comcast is usually pretty reasonable. I don't think you and I have dealt with the same company. But still, Raptures, you should somehow get the boxes back to them... if they're already trying to charge you for 'em, things will only get worse. A friend of mine accidentally hung onto an old modem after he moved, and about six months later he was sent to collections for not paying late return fees (which he never knew about). It's seriously not worth the trouble to try to stick it to them, as they have way more resources at their disposal to stick it to you.
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Jul 18, 2013 19:06
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Yeah, it's not like I'm planning to keep them, but it is going to be a serious pain to return them, and my housemate says they never came after him for keeping his old cable box. I just wanted to make 100% sure this counts as unsolicited merchandise so that I'm on a firm legal grounding when I call to bitch them out.
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Jul 18, 2013 19:58
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