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Absolutely not. I'm going to get out of there as soon as I can. However, I want to ensure the refunding of my deposit and that whatever rent I pay up to the point that I leave will be charged on a pro-rated basis. Further, I do not want to be strong-armed into hastily making a new housing decision.
Not a Children fucked around with this message at 19:04 on Dec 29, 2015 |
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Dec 29, 2015 18:59
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I can see you losing that fight in front of a judge. I can also see you winning. That's going to be up to credibility and what the judge had for breakfast. Absent some jurisdiction specific law or precedent on the matter, you could lose. But I don't know anything about Maryland housing law.
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Dec 29, 2015 19:12
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Not a Children posted:Absolutely not. I'm going to get out of there as soon as I can. However, I want to ensure the refunding of my deposit and that whatever rent I pay up to the point that I leave will be charged on a pro-rated basis. Negotiate that as a condition of terminating your lease and get it in writing?
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Dec 29, 2015 19:15
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WhiskeyJuvenile posted:Negotiate that as a condition of terminating your lease and get it in writing? That's my current plan. Landlord is currently distraught and seems to think of me as scum of the earth at this point, so I'm not sure how smoothly that will go. If she's stubborn about it, a judge will probably be settling the matter. We shall see!
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Dec 29, 2015 19:18
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The test for quick eviction is clear and imminent danger to self, others, or property. Real Property, section 8–402.1 (a)(1)(i) 2 B There are no cases interpreting clear and imminent danger to self, others, or property, so it will be up to the judge who does the eviction to make the decision. (See HDD91's post) Is twice forgetting to lock the door three months ago clearly a danger? Arguably. Is it imminent? Probably not. Is it a violation of the lease? Probably, if they can convince a judge that its more likely than not that you were the cause of the unlocked door. You can improve your chances of arguing the clear and imminent danger issue to the judge by hiring an attorney for a lot more money than you have at stake here. As WhiskeyJuvenile pointed out, your prize for winning is to be stuck with these people for 16 more days until they have a more deferential (to them) test for breaking the lease. Prorated rent and security deposit will be a separate issue. You're required to pay rent while fighting eviction, so YOU will have to sue them for prorated rent (if any) and the security deposit. There could be some strategizing to your benefit to be done with a lawyer, but it will cost more than you stand to lose. It might be more productive to negotiate your quick exit in exchange for your prorated rent and security deposit than to forestall an eviction. NOT LEGAL ADVICE, NOT A MARYLAND LAWYER, NOT A LANDLORD TENANT LAWYER.
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Dec 29, 2015 19:33
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Gotcha. I do have an attorney willing to work pro bono (yay Jewish family), but it does sound like more trouble than it's worth. I'm going to see if I can't wrest some monetary guarantees out of them, and if I can get them, take it as a victory.
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Dec 29, 2015 19:46
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LQMoW being particularly helpful this time of year. Is it Christmas Spirit?
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Dec 29, 2015 23:21
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blarzgh posted:LQMoW being particularly helpful this time of year. Is it Christmas Spirit? Bah-not likely. Probably avoiding the copthread.
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Dec 30, 2015 01:12
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Discendo Vox posted:Bah-not likely. Probably avoiding the copthread. In this thread one doesn't get outed as a fascist stooge for saying what the law is and for failing to demand that title to real property be transferred to those who are unable to care for it.
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Dec 30, 2015 01:47
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joat mon posted:In this thread one doesn't get outed as a fascist stooge for saying what the law is and for failing to demand that title to real property be transferred to those who are unable to care for it. To be fair, you never did say where those orphans should live other than "the street will provide"
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Dec 30, 2015 02:38
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My wife and I have been taking care of her handicapped father. He lives in FL and lives on Social Security disability. We have power of attorney. We've been having his Social Security check deposited into an account my wife owns, and then paying all his bills from it on a monthly basis, as well as sending him a weekly "allowance" for purchases of "necessities"(for him, this is, in order, booze, gas, food, weed). We also had been putting aside savings for him to go to his other daughter's(wifes sister's) college graduation in 2016. 3 weeks ago he told us he had written a payday loan for a "buddy" who "hosed him over" and now he had to pay for it...so we pulled money out of the graduation savings we had been making over the last year and paid off his debt(this isn't the first time we've had to pay a pay day loan debt off). We had to lower his "Weekly allowance" a bit to replenish that savings. Here comes the legal question: Turns out that he took out another Payday Loan for himself for ~100$ at the beginning of December...and wrote a check on a closed checking account to "back the debt"(I guess this is how payday loans work?). He won't be able to pay it off in time, so the assumption is he is gonna get that check cashed, it will bounce, and I think he committed a felony/fraud by writing a fraudulent check? We've sent him the balance of the "college savings" but it won't get there in time for him to "pay off the payday loan people in time". Also, are we somehow a party to this fraud? At this point, I've told him that we're done with his crap and we're not going to do any of the things we've been doing for him anymore(though wife wants to still take care of his bills, and just give him his money as soon as he can have it, instead of giving him a weekly allowance). This is probably another story for either E/N or BFC.
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Dec 30, 2015 18:13
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You think you and your wife might be criminally liable for a hot check that your father in law wrote? Edit: Also those places charge like %15 every two weeks, so a 1 month loan payback on $100 would be like $130-$150? blarzgh fucked around with this message at 22:09 on Dec 30, 2015 |
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Dec 30, 2015 22:05
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blarzgh posted:You think you and your wife might be criminally liable for a hot check that your father in law wrote? Yea he owes like 200ish at this point I guess....He'll have the money to pay it on Monday(just not this friday when it's due). Chances of him seeing repercussions for this?
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Dec 30, 2015 22:10
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DogsCantBudget posted:Yea he owes like 200ish at this point I guess....He'll have the money to pay it on Monday(just not this friday when it's due). Chances of him seeing repercussions for this? He sounds like their perfect client. Unless you mean, I don't know, turning a $100 loan into a $200 repayment, I doubt anything will come of this, except possibly additional loans and a cycle of borrowing and repayment.
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Dec 30, 2015 22:16
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sullat posted:He sounds like their perfect client. Unless you mean, I don't know, turning a $100 loan into a $200 repayment, I doubt anything will come of this, except possibly additional loans and a cycle of borrowing and repayment. Yes. I wish there was some way we(as POA holders) could block him from being able to take out Pay day loans in future. If I didn't know about his hot-check, we were actually just going to let him default on the loan, thus placing him on a FL wide list of "bad debtors", since FL only allows you to have 1 payday loan out, he'd never be able to take another one out. His credit would take a hit, but as is obvious, his is already crap, so it really wouldn't hurt in the long run. He's mentally handicapped due to a major stroke, and frankly isn't 100% with it...
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Dec 30, 2015 22:43
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just let him go to jail; sounds like they'd take better care of him than you are
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Dec 31, 2015 00:23
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DogsCantBudget posted:Chances of him seeing repercussions for this? gently caress if I know, I guess it depends on the loan company, and what ends they're willing to go to. There are two parts to his situation - the potential Crime of presenting a bad check, and the potential Civil liability for the unpaid debt. Presenting a hot check is a crime in every state, and some states have a "you knew it was a hot check" requirement for it to be a crime, and other states say, "doesn't matter whether you knew or not." Whether thd DA wants to prosecute a 70 year old invalid for maybe confusedly writing a check from a checking account he didn't know he didn't have anymore or whatever is not a percentage play that anyone can guess at. On the civil side, most states have special laws for "payday loan" type places, and also rules against whats called "usury" which is the charging of an interest rate above whats allowed by law. 100% interest over 30 days is insane, but generally those written agreements will have a 'choice of law' provision in them that says, "oh, and lollolo even though we're in FL, we are going to go by Montana rule or some poo poo where none of this is illegal." Saying "gently caress it" probably isn't the best move, since if they go take a judgment against him for $200, plus $1000 in attorneys fees, and another $100 in pre/postjudgment interest, there may be a way for them to garnish his income, or attach (stick their dirty hands into) the bank account his money is going in. You hate to go talk to a lawyer over $200, and you also hate to shell out $200 just to make dickholes go away. But the risks are there, and the only thing I do know is that you don't know enough yet about all the potential consequences of your possible decisions.
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Dec 31, 2015 00:25
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My lil brother (we're in Cali) got a new job at one of those "Nonprofit Application Assistance Organization" things for student loan forgiveness and consolidation, basically seems to be people paying for something that'd be free but most people are too lazy to do, which to be fair might describe a lot of services. Basically helping them process and do their loan consolidation apps through the DoE. What's the legality on this sort of thing? Apparently he googled his boss' name and the dude has a couple of suits against him for other previous random non-student loan businesses, so now he's worried about how employee liability might work if it turns out this is fishy and gets taken down.
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Dec 31, 2015 04:08
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IP/Copyright question: I work in pinball machines. There is a special old kind of machine called an EM, short for electro-mechanical. You cannot work on these machines without a schematic. A German Company, "Gottlieb" used to make models back in the 60's. The company stopped making pinball machines in '96, but still will not allow schematics or manuals to be posted on the internet. There's a guy who's officially their distributor in the US, and he sells these schematics with their permission. I would assume he has the US rights. My question concerns the information in these schematics. Can I post a drawing of, say, how a generic one from a certain era is wired? Can I publish my own drawing of part of the schematics? Can I publish a drawing of how to set a machine to free play, or can I only describe it? What about my own drawings of mechanical parts? Can I write a paragraph that contains the information that a tech can tell from looking at a schematic? At what point am I infringing on their IP?
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Jan 2, 2016 05:43
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You're dealing with a party that makes money from something and that you know is protective of what they consider their IP. Get a lawyer, don't rely on Internet advice.
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Jan 2, 2016 09:20
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Domus posted:IP/Copyright question: Ask the pinball thread. There are no joke experts on this sort of thing in that arena that will be able to answer your question.
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Jan 2, 2016 10:28
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What kind of trademark restrictions exist regarding using the name of a third-party product in the name of educational or reference materials about it? (It's an open-source product so I'm less worried about the copyright end of things.)
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Jan 2, 2016 18:03
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OneEightHundred posted:What kind of trademark restrictions exist regarding using the name of a third-party product in the name of educational or reference materials about it? knock yourself out
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Jan 2, 2016 18:52
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WhiskeyJuvenile posted:just let him go to jail; sounds like they'd take better care of him than you are ouch
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Jan 2, 2016 19:04
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DogsCantBudget posted:Yes. I wish there was some way we(as POA holders) could block him from being able to take out Pay day loans in future. If I didn't know about his hot-check, we were actually just going to let him default on the loan, thus placing him on a FL wide list of "bad debtors", since FL only allows you to have 1 payday loan out, he'd never be able to take another one out. His credit would take a hit, but as is obvious, his is already crap, so it really wouldn't hurt in the long run. He's mentally handicapped due to a major stroke, and frankly isn't 100% with it... I would look for an elder law attorney in Florida and see if you can get a consultation with them. If he is truly mentally incapacitated, then he should have a conservator appointed to manage his estate. It can be you, although it's a very big responsibility, or an elder law attorney probably has a recommendation for a good professional fiduciary (bearing in mind that these cost money). In any case, there are attorneys who help with exactly this kind of issue and if you think your grandfather is endangering himself with his actions, it may be worth at least the consultation fee to see what can be done. You can find an attorney who specializes in elder law here: https://www.naela.org/ EDIT: Someone with a CELA certification is a certified elder law attorney and they are a good bet. Lowly fucked around with this message at 21:42 on Jan 2, 2016 |
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Jan 2, 2016 21:39
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Arcturas posted:
A representative of the organization phoned me. They've proposed an anti-SLAP law, but unless and until its implemented, every business has a right to sue people for legitimate criticism. It's probably a bluff, but there's a minor chance that they will in fact sue, and waste a great deal of my money and time. He advised me to take down the post and write some sort of apology, both to minimize the chances of a trial and to demonstrate good faith on my part. Kinda sucks. Feels like every expert I talk to tells me to back down just in case to avoid the possible hassle.
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Jan 3, 2016 18:18
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"Rights" can be very expensive to preserve.
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Jan 3, 2016 19:24
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Hot Dog Day #91 posted:"Rights" can be very expensive to preserve. What I've learned as a legal voyeur is people think fair means cheap, and are really surprised and upset when they find out such is not the case.
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Jan 3, 2016 20:05
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Thanks again to all those who helped me with advice a few days ago in this thread. I was able to work out a deal with my roommate to prorate my rent up to a move-out date and get my deposit back, so all is well. I could theoretically sue her for a number of things that she has done in the process of trying to kick me out, but I'd rather not give myself a headache. Just gonna wash my hands clean of this.
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Jan 4, 2016 00:00
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How hard would it be to apply RICO to the Oregon militants?
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Jan 7, 2016 10:11
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This is a rhetorical question, right?
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Jan 7, 2016 14:27
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joat mon posted:This is a rhetorical question, right? Discendo Vox outed as Malheur County District Attorney
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Jan 7, 2016 15:05
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I know I'd want to live in Bad Fortune County, OR... And it would be the U.S. Attorney who would pursue RICO charges, and Jarmak has already self-outed as one of the AUSAs, or at least their press flack.
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Jan 7, 2016 15:46
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I'm just saying, if Mandy came to me and wanted permission to begin setting up RICO, and FBI is separately suggesting the idea, and Barry won't stop texting me being all "Loretta, we need to take decisive action", what do?
Discendo Vox fucked around with this message at 20:39 on Jan 7, 2016 |
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Jan 7, 2016 20:36
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Discendo Vox posted:I'm just saying, if Mandy came to me and wanted permission to begin setting up RICO, and FBI is separately suggesting the idea, and Barry won't stop texting me being all "Loretta, we need to take decisive action", what do? You've been watching too much TV.
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Jan 7, 2016 20:52
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What would be the point of a RICO charge when you pretty much have every single person occupying that building on several serious charges with which they have 0 hope of mounting a defense against
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Jan 7, 2016 20:55
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Wickerman posted:What would be the point of a RICO charge when you pretty much have every single person occupying that building on several serious charges with which they have 0 hope of mounting a defense against To be serious for a second, it sets precedent for using it against this kind of group, and lets us reach people running support for them. Some of the crimes we can apply, like the GTA, would otherwise be limited in who they could be applied to. I really don't know the elements and functions of RICO well enough to know if its application would be valid, though.
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Jan 7, 2016 21:04
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joat mon posted:And it would be the U.S. Attorney who would pursue RICO charges, and Jarmak has already self-outed as one of the AUSAs, or at least their press flack. LOL if you don't think Oregon has a state-level RICO.
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Jan 7, 2016 21:28
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I have a question about housing law. I lived in Moline, IL which is in Rock Island county. I was a victim in a drunk driving accident, and while I was in a coma I was evicted from my apartment (kind of hard to write checks like that). When I signed the lease I paid the last months rent in addition to the security deposit. Not only has the landlord not returned my security deposit, he tried sticking me with a $120 bill. I would have let the security deposit go, but my parents told me that while I was in the hospital he told them that he was gonna trash my credit, so I'm pissed at this dude and I wanna know if I possibly have a case against him. Honestly, I had only lived there for like a week. I moved in Jan 2015, my accident was the same month, and I was evicted in Feb 2015. My family had all my stuff moved out sometime in February, so the extra $120 bill couldn't be for moving/storage. So a question I have is, that if I prepaid my last month's rent, would that not cover unpaid rent for February? And does this breach in my lease mean I forfeit my deposit? I still don't know what the $120 is for. He called me to give me this last chance to pay it before it went to collections. He didn't say what it was for, and after I told him that he mistreated my mom he said "well if she hadn't gotten a drat lawyer involved!!" I hung up on him. My parents were gonna pay my rent while I was in the hospital, but my landlord was trying to stick them with a late payment fee despite them asking him if I had paid rent for February in January and him waiting until like Feb 5th before responding. They didn't want to deal with the guy, so they didn't pay it. I have a personal injury lawyer, I brought the eviction up to him a couple of times, but he doesn't seem to be concerned about it. He's just written it off by saying that property managers have ice in their veins. I gave him some materials to help me get the $120 bill off my credit report, but when I followed up with him he said he hasn't done anything with it, so I don't know if he's busy or if he's a bum. With my lawyer, I feel like I'm gonna need to do all the work and present the case to him before he'll do anything, which is probably not a good sign. 
Baxate fucked around with this message at 21:43 on Jan 7, 2016 |
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Jan 7, 2016 21:40
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Ludwig van Halen posted:I have a personal injury lawyer, I brought the eviction up to him a couple of times, but he doesn't seem to be concerned about it. He's just written it off by saying that property managers have ice in their veins. I gave him some materials to help me get the $120 bill off my credit report, but when I followed up with him he said he hasn't done anything with it, so I don't know if he's busy or if he's a bum. Did agree to work to get the bill off your credit report and is just dragging his feet, or haven't you paid him to do this yet? It's going to cost you a lot more than $120 to work this out through a lawyer.
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Jan 7, 2016 21:46
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