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FadingChord posted:Pennsylvania: I indicated (by email) my intention to renew a lease for another year back in December; after some back-and-forth with my (pretty terrible at her job IMO) leasing agent, I never signed and returned the lease renewal that she sent in early February. I've accepted a job in another state; am I on the hook for the property (which I don't have a lease for) or am I scot-free (despite written intent to renew). This sounds fairly Contracts 101 'offer and counter offer all you like, if there isn't an identifiable agreement and acceptance of terms by both parties then there's no deal'.
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Jun 6, 2016 16:14
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If there's no notice of intent to vacate required and the lease automatically expires on a predetermined date in the original lease document, and no extension has been signed by the parties, there just isn't a lease at all. Written intent to renew is an invitation for the ownership to draft a lease renewal and present it to the renter for signing, which never happened. If you don't sign then you didn't accept the terms of the renewal. This is the reason most leases require notice of intent to vacate within a certain period of time, so that when leases are coming up for renewal and they haven't heard from the tenant they can rely on the notice requirement to give them some insulation from thinking they had a tenant and then losing them and having to find a new one while the lease sits unoccupied. If they failed to put this protection in the previous lease that's their problem so long as the previous tenant fulfilled all their obligations and left by the end date on the lease. You can't be on the hook for a property you agreed to live in until [Date] that you've vacated by [Date], and the fact the lease ends on [Date] is considered notice to the owner absent a provision in the lease stating otherwise.
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Jun 6, 2016 16:31
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Google "Statute of Frauds". Which is about contracts, not 'fraud' per se.
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Jun 6, 2016 16:41
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I live in Nebraska. I couldn't find anything in the legal aid renter's handbook. Applied to a new apartment and current leasing manager says she can't confirm current tenancy details until I give written notice. When I told her I couldn't give written notice until I know if/when approved to move, she insisted she could "take it back". I believe both of these things to be a lie. Per current lease, I need to give notice of intent to vacate/relet by July 1; no notice means automatic month-to-month agreement starting Sept 1 and a higher rent. There's also a lease break clause which I may take advantage of, depending on if/when approved to move in at new apartment. I can't give appropriate notice unless I know the move in date for the new place. Is the current manager under any obligation to release this info once I've notified her she has permission to release it?
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Jun 9, 2016 21:25
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Totally hypothetical situation. Say you got into an argument over some minor bs at the gym (we'll call it the acmy) with some random other member. You leave the gym and move on with your life. The guy you argued with goes to the front desk and asks who you are. The front desk helpfully provides your name and address. Said angry dude then drives to your home (which just happens to be right down the road) and assaults you (shoves you). Aside from the police arresting the guy who assaulted hypothetical person, is there any action to be taken against the gym? Let's say it happened in Florida.
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Jun 9, 2016 21:43
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Ask Erin Andrews.
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Jun 9, 2016 22:19
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Can you make a marriage contract that only lasts 5 years?
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Jun 10, 2016 18:21
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Baron Porkface posted:Can you make a marriage contract that only lasts 5 years? You can in Iran.
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Jun 10, 2016 18:52
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nm posted:You can in Iran. You can anywhere if you have somewhere to hide the body.
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Jun 10, 2016 19:08
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Blue Footed Booby posted:You can anywhere if you have somewhere to hide the body. Three S's. Shoot. Shovel. Shut up.
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Jun 10, 2016 19:20
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spacetoaster posted:Totally hypothetical situation. Does it violate the gym's privacy policy to give out publicly available information; is that what you're asking? Because we haven't read they Gym's contract with you, we probably can't tell you. Sorry you got punched in the face for sharting on the incline bench.
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Jun 10, 2016 19:25
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I have no idea if it's been tested, but presumably one could write a pre-nup predicated on the assumption that the marriage will only last 5 years after which the parties agree to an uncontested divorce. e: \/\/ presumably you'll want terms of division of assets, and the justification for the division will be the prior agreement to dissolve the marriage Alchenar fucked around with this message at 20:05 on Jun 10, 2016 |
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Jun 10, 2016 20:00
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The whole point of a contract is so you have a piece of paper memorializing a party's agreement to do something that whty wouldn't have to do otherwise. You don't need the other party's consent to get divorced in 5 years. So you don't need a contract to make them let you.
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Jun 10, 2016 20:02
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I too want to know about short term marriage contracts. Or how about marriage contracts by the hour or for the duration of one amount of sex.
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Jun 10, 2016 20:23
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What if I'm just paying her for her time? Judges and cops are okay with that, right?
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Jun 10, 2016 21:20
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xxEightxx posted:I too want to know about short term marriage contracts. Or how about marriage contracts by the hour or for the duration of one amount of sex. evolutionarily speaking, thats all a one night stand really is, isn't it?
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Jun 10, 2016 21:21
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Chasiubao posted:What if I'm just paying her for her time? Judges and cops are okay with that, right? If it's a term of the contract then you are treating your wife pursuant to the terms of the marriage contract
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Jun 10, 2016 22:29
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You shouldn't write down your green card schemes
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Jun 10, 2016 22:41
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Probably unenforceable under the public policy grounds.
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Jun 11, 2016 00:49
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A friend of mine has been raging a lot about civil asset forfeiture on FB. From my non-lawyer understanding this means the police can take your property if they so much as suspect you of a crime, without charging you with anything or placing you under arrest. So if you're e.g. going to buy a used car and are carrying $2000 in cash on you and look shady or something they can just .... take it and let you argue it out with the courts. Is this accurate and if so how is it not a violation of the Constitution? Does putting "civil" in something let the police just take your poo poo, or is my friend just full of it? Is there case law or statutes that allow for it? In defense of his tinfoil rear end I read this article: http://www.news9.com/story/32168555/ohp-uses-new-device-to-seize-money-used-during-the-commission-of-a-crime . So in the already lovely state of Oklahoma they can swipe your debit card just in case they don't have any cash on you (allegedly). How do you know a crime has been committed if it hasn't been proven in a court of law? This has not happened to me nor am I a defendant in any case or seeking legal advice, etc etc etc. I'm just curious if he's full of poo poo
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Jun 11, 2016 01:13
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seacat posted:A friend of mine has been raging a lot about civil asset forfeiture on FB. From my non-lawyer understanding this means the police can take your property if they so much as suspect you of a crime, without charging you with anything or placing you under arrest. So if you're e.g. going to buy a used car and are carrying $2000 in cash on you and look shady or something they can just .... take it and let you argue it out with the courts.
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Jun 11, 2016 01:32
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seacat posted:A friend of mine has been raging a lot about civil asset forfeiture on FB. From my non-lawyer understanding this means the police can take your property if they so much as suspect you of a crime, without charging you with anything or placing you under arrest. So if you're e.g. going to buy a used car and are carrying $2000 in cash on you and look shady or something they can just .... take it and let you argue it out with the courts.
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Jun 11, 2016 02:09
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Gobbeldygook posted:This is accurate. Wikipedia article on the subject. Yes, in most states if a cop thinks there is a preponderance of evidence that some property of yours was acquired illegally or paid for via illegal activity they can take it and the burden of proof is on you to prove you acquired it legally. If you fail to prove you acquired it legally, they can keep a substantial cut of it (whether that be cash or the value of it when sold at an auction). They meaning their departments, not them personally, just to be clear.
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Jun 11, 2016 02:26
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Jon Oliver did a great piece on it for his show too, if you want to seek it out on YouTube.
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Jun 11, 2016 03:15
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Cops at the local department would brag about seizing TVs and cars from drug dealers. Departments are fairly cavalier about it.
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Jun 11, 2016 04:08
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Hell, they can take houses if they think they were paid for illegally. Even better is if there's a mortgage on it and then the bank has to fight against the police as well.
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Jun 11, 2016 15:24
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Nakar posted:Cops at the local department would brag about seizing TVs and cars from drug dealers. Departments are fairly cavalier about it. One of my friends was a probation officer and one of the biggest cases she ever dealt with was a group of drug dealers who fancied themselves Ocean's Eleven style. Against other drug dealers. They would scope out drug dens, then break in...in DEA gear they had stolen or made themselves. They busted about a dozen rival dealers and only ever got one non-dealer. I understand the usual thing would be they surround the house, cuff everyone, have a few of the guys haul the cuffed dealers and customers into an unmarked van (which they would drive off to the edge of town and dump them off), then ransack the place of everything of value. The single dude they hit who wasn't a dealer was just some rich black guy, and during the trial the DEA-dealers actually apologized to him and said he was never meant to be a target and they had no want to get innocent people, just rival dealers.
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Jun 11, 2016 19:00
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Cowslips Warren posted:One of my friends was a probation officer and one of the biggest cases she ever dealt with was a group of drug dealers who fancied themselves Ocean's Eleven style. Against other drug dealers. They would scope out drug dens, then break in...in DEA gear they had stolen or made themselves. They busted about a dozen rival dealers and only ever got one non-dealer. I understand the usual thing would be they surround the house, cuff everyone, have a few of the guys haul the cuffed dealers and customers into an unmarked van (which they would drive off to the edge of town and dump them off), then ransack the place of everything of value. The single dude they hit who wasn't a dealer was just some rich black guy, and during the trial the DEA-dealers actually apologized to him and said he was never meant to be a target and they had no want to get innocent people, just rival dealers. During the trial, when questioned about what they did for a living, did any of them respond "I rip and run" ?
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Jun 11, 2016 20:59
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flowinprose posted:During the trial, when questioned about what they did for a living, did any of them respond "I rip and run" ? Probably a movie reference but no idea. Most of her stories involved sexual abuse and offenders. Drug dealers were the least brain-bleach worthy.
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Jun 12, 2016 04:24
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Cowslips Warren posted:Probably a movie reference but no idea. Most of her stories involved sexual abuse and offenders. Drug dealers were the least brain-bleach worthy. https://m.youtube.com/watch?v=oYj7q_by_2E
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Jun 12, 2016 04:38
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I'm an Ontario Canada resident with a real estate/condo law question. I pay a condo fee every month and part of that fee is supposed to go into a reserve fund for potential building repairs that wouldn't normally be covered by the condo fee. Last week, the condo company sent all the tenants a letter stating that we're all required to pay a lump sum fee of $2000 before August 1 for repairs to the room. 3 years ago they did the same thing for $2500 for foundation repairs that were not done on my row of condos (our location is comprised of 2 rows of townhouses). My question is, does this seem legal? The homeowner's Act is vague about it and I don't feel like writing a cheque for 2 grand unless I must.
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Jun 12, 2016 16:57
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The answer to this question is probably, "talk to a lawyer," and Evad is willing to do that. He's wondering whether there's any point, though. Evad is in Arizona; the company Evad was going to be working for is in Texas. Evad works as a consultant in the medical field. He is an RN, but he doesn't perform any nursing duties. Rather, Evad helps train hospital staff on a certain software suite that is used to run hospitals. A couple of months ago, Evad had a massive heart attack. Last week, he was finally cleared to go back to work. As he was stepping onto the plane, Evad got a call from someone at the facility where he was going to be conducting training. The gist of it was that "able to stand for twelve hours" was a requirement of the job, and Evad wouldn't be able to do that because he has a sort of plastic support/cast thing on his leg from a fall related to the heart attack. The communication was pretty hostile, with the guy trying to make it seem like Evad had been deceitful in some way. That's nonsense. Everyone involved has been aware of Evad's condition the entire time. In this case, Evad was going to be working as a W2 temporary employee. The only signed paperwork is an "employment agreement." Evad wants to know if the company in question has done anything legally actionable. This has cost him time, money (in the form of travel arrangements), and more money, in the form of lost income. Obviously, Evad can only sell his services to one entity at a time, and this cost him several weeks of income. He was literally at the airport, boarding a plane, when they called. They employer had known from day one what Evad's situation was, but they cancelled on him literally hours before he was to start. The "twelve hours" thing is fiction. It is totally common for the staff to spend portions of their shifts sitting, and what Evad teaches involves sitting in front of a computer for data entry, anyway. In addition, Evad is not nursing, or providing emergency services of any kind. The only reason Evad would have to stand for twelve hours is if all the chairs were taken by nurses who didn't feel like standing. Neither the job ads posted by the company, nor the employment agreement Evad signed, make any mention whatsoever of having to stand for twelve hours. Is there potentially anything in all that, or is it just, "Tough poo poo?"
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Jun 12, 2016 18:54
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my1999gsr posted:I'm an Ontario Canada resident with a real estate/condo law question. $2k is a really low amount for an extra thing.
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Jun 12, 2016 18:56
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HookShot posted:I'm not a lawyer but yeah that's actually pretty normal in pretty much every condo ever, especially since they tend to keep strata fees low to attract buyers and are terribly managed to begin with so they never have enough money to do important things when they're needed. The problem is that in my province there's a law regarding the administration of a reserve fund to cover such repairs that aren't part of regular maintenance - to prevent things like this from happening. In the event of "emergency" repairs, there is a contingency clause for lump payments but the repairs the condo corp is talking about are "required maintenace" which should be covered by my normal ($330/mnth)... Or so I thought.
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Jun 12, 2016 19:32
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Centripetal Horse posted:The answer to this question is probably, "talk to a lawyer," and Evad is willing to do that. He's wondering whether there's any point, though. Evad is in Arizona; the company Evad was going to be working for is in Texas. "Dave" may have a claim for employment discrimination under the ADA, depending on many things, including whether the company is subject to certain federal regulations, whether he is a contract employee, employee at will, service provider, or independent contractor. "Tough poo poo" is the most likely outcome, but now that he has time on his hands, Dave should talk to a lawyer. It will be free, and isn't a waste of time.
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Jun 12, 2016 20:18
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my1999gsr posted:The problem is that in my province there's a law regarding the administration of a reserve fund to cover such repairs that aren't part of regular maintenance - to prevent things like this from happening. In the event of "emergency" repairs, there is a contingency clause for lump payments but the repairs the condo corp is talking about are "required maintenance" which should be covered by my normal ($330/mnth)... Or so I thought. I have no answers, only [non-legal, irrelevant, I do not create joinder with your public PERSon] opinions. Periodic demands for payments like these are very common, but here in Texas Land of the Free/Not Communida, $2,000 is extremely high. If there are 50 units in your association, thats like $100,000 loving dollars for "maintenance." What costs $100 grand that isn't covered by insurance? You should have the right to demand more information at the least, i.e. their accounting, the bids for repairs, etc. You may have the right under the documents to call a meeting of the COA to sort all this out. I'd be less inclined to think these people might be screwing you, as opposed to just being incompetent, since what are they getting out of this? I'd bet that in the end you'll end up paying it, but you owe it to yourself to find out why.
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Jun 12, 2016 20:25
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I'm not at all a lawyer, or even from Ontario. I've lived in strata buildings in BC and at one point sat on a strata council. Reserve funds aren't magical things that will always cover every contingency. It looks like Ontario requires a reserve fund study, and then the strata council plans based off of that. That plan might have included special assessments. Alternately, there might have been expenses that weren't expected, things might have cost more than expected, or things might have needed fixing earlier than planned. Also, even with these kinds of reports, stratas seem to keep fees unreasonably low even when they should know that assessments are required. Basically, people are cheapskates. The report is available to you. You also get to vote on the budget annually. The fact that you don't know more seems to say that you haven't really been paying attention to what the hell is going on in a property that you own a share in. Figure that stuff out before you get all cranky about things. There may be more information, but at a minimum you legally have access to that report, the budget and the strata minutes. If you still can't figure it out, start with a kindly worded letter to your manager or council asking to explain. If that doesn't work out, then start getting crankier. Basically, yes, special assessments are completely legal if done according to the strata act. Also, if you're just two sets of row houses, the strata council is likely just the five dudes that could get talked into doing it. They may not have a great understanding of what they're doing and it's hugely possible they're making poor choices, but it's probably not anyone out to screw you (or maybe they're doing a wonderful job, I dunno). You could help fix that by actually interacting with the strata.
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Jun 12, 2016 21:26
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blarzgh posted:Periodic demands for payments like these are very common, but here in Texas Land of the Free/Not Communida, $2,000 is extremely high. If there are 50 units in your association, thats like $100,000 loving dollars for "maintenance." This is concerning to me. I inherited five condos (six, technically) and I havn't run into this yet. the Association is generally pretty open, every January they send out the budget list including any overages/below budget. The only thing i have to add regarding Condos is that my lawyer told me to put each condo into it's own LLC, then have each business/LLC owned by an INC. When I proxied the five LLCs to me, the person with a SSN, the condo tried to say that my vote was only worth one, as opposed to the five it should be that i represent. No issues have come up for vote, so i havn't had to argue over this yet. I'm waiting for the day when they try to pass a bylaw that declares that condos must be owned by a person with an SSN as opposed to a corporation. I'm one of 3 or 4 'people' who have things set up this way. They just don't like that they can't come after me personally.
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Jun 12, 2016 21:41
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My previous landlord is asking for $500 for repairs to her property. She hasn't provided an itemized estimate or invoice and the amount of work she wants done is far below her estimate. (literally, patch/sand nail holes from wall hangings, and paint one (flat, no windows/entries) 10x8 wall white. (all the other walls are already three different finishes of white on the same walls from her painting beforehand) I've gotten a fully itemized and calculated estimate/worksheet/invoice 2nd opinion. is there any reason not to reply with a check, the lower but reasonable number and consider it done? She agreed to take the sec. deposit in exchange for last months rent as she was terminating the lease early to try and sell the house. As we were moving out she was already renovating (replacing the carpets first WTF), so this seems like she's trying to recoup her renovation (we also had to call the city and have her sent a 4 page list of code violations) losses on us. (side note: I can't wait for my legal benefits at work to kick in so i can just have a lawyer vs asking) Something along the lines of: I have received your request for remittance for wall repairs. Enclosed is an itemized invoice/estimate for the goods and services required for the requested repairs based on current supply costs and labor rates. I have included a check that covers this amount. Thank you, Here is the more reasonable estimate for what she's asking to have covered. (based on today's prices at home depot, and a rather generous $30/hr rate for one person) 
toplitzin fucked around with this message at 21:56 on Jun 13, 2016 |
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Jun 13, 2016 21:51
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Question: if she hasn't provided an itemized list of what she wants done, how do you know enough of what she wants done to prepare your own estimate?
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Jun 13, 2016 22:15
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