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Motronic posted:It's highly unlikely the fireplace was even cleaned/inspected. Did/does the landlord have to product an invoice to justify taking part of your deposit? I have no clue. If they say no, should I ask for an itemized invoice that details the cost to inspect and clean? I bet $175 they just say that to make extra money.
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Jan 13, 2020 20:59
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Louisgod posted:I have no clue. If they say no, should I ask for an itemized invoice that details the cost to inspect and clean? I bet $175 they just say that to make extra money. I wouldn't have any idea if you have a right to that - you do in my state.
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Jan 13, 2020 21:00
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Motronic posted:It's highly unlikely the fireplace was even cleaned/inspected. Did/does the landlord have to product an invoice to justify taking part of your deposit? I'd be all over this myself, but I'm a stubborn, spiteful, pretentious rear end in a top hat and it's only $50 to file in small claims where I live. Two things you must keep in mind: 1. even if you could somehow bankrupt these people, you'll never curb their trying to steal deposits and 2. Only spend as much time and money as you're willing to never see again/get no positive outcome from E: if you're going to spend this much time/effort on it, see if you can get a cheap/free consultation with a local lawyer for 15 min or so. They'll know the law and climate where you live and will tell you if it's going to be more time/money than it could possibly be worth. Anyone who deals with small claims/tenant law in your area will have a good idea and tell you straight. The only lawyer I've ever talked to who didn't have a good idea of the outcome ahead of time was my dad's personal injury lawyer, and I have no idea whether he initially tried to talk him out of it anyway. BonerGhost fucked around with this message at 21:10 on Jan 13, 2020 |
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Jan 13, 2020 21:06
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I'm going to ask for the refund, then when they say no, ask for an itemized invoice. Best I can tell, Oregon's security deposit affords me some runway if I want to poke further but I'm kinda past the point of caring. Calling it quits after that. Please vote Bernie so that we may crush the landlordarchy together, g*d bless
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Jan 13, 2020 21:51
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Louisgod posted:I'm going to ask for the refund, then when they say no, ask for an itemized invoice. Best I can tell, Oregon's security deposit affords me some runway if I want to poke further but I'm kinda past the point of caring. Calling it quits after that. The national model landlord tenant act includes a triple damages + attorneys fees provision against a landlord who unfairly withholds a security deposit. Without knowing what state you're in I can't tell if that applies but this is definitely a "talk to an attorney in your area" type issue. You *may* be able to find an attorney willing to take the case for the chance at fees. Edit: you said what state you are in, Oregon. I still can't tell you because I don't know Oregon law. Hieronymous Alloy fucked around with this message at 22:26 on Jan 13, 2020 |
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Jan 13, 2020 22:24
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Hi, me again. After a good reading of my original lease, the move-out notice that details what I am and not responsible for, some links to landlord/tenant rights somebody messaged me, and talking with friends that are familiar with this stuff, I'm gonna fight this stupid $175 fireplace charge. Sent an email asking for the refund, left a VM asking for the refund, waiting on a response. Yeah it's only $175 but if my pushing back means there's the potential they remove the charge from future deposits, maybe I can save somebody that lives paycheck to paycheck some strain. Quick question though: I was given a check for $900 of the $1,400 deposit, should I wait to cash it? Wondering if cashing it is the equivalent of agreeing with the final statement or not.
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Jan 15, 2020 00:36
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Louisgod posted:Hi, me again. After a good reading of my original lease, the move-out notice that details what I am and not responsible for, some links to landlord/tenant rights somebody messaged me, and talking with friends that are familiar with this stuff, I'm gonna fight this stupid $175 fireplace charge. Sent an email asking for the refund, left a VM asking for the refund, waiting on a response. Yeah it's only $175 but if my pushing back means there's the potential they remove the charge from future deposits, maybe I can save somebody that lives paycheck to paycheck some strain. Have they provided any receipts for the chimney inspection, or given any reason that they have inspected in this instance while the lease you had specifically said that they didn't do chimney inspections?
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Jan 15, 2020 09:21
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Louisgod posted:Hi, me again. After a good reading of my original lease, the move-out notice that details what I am and not responsible for, some links to landlord/tenant rights somebody messaged me, and talking with friends that are familiar with this stuff, I'm gonna fight this stupid $175 fireplace charge. Sent an email asking for the refund, left a VM asking for the refund, waiting on a response. Yeah it's only $175 but if my pushing back means there's the potential they remove the charge from future deposits, maybe I can save somebody that lives paycheck to paycheck some strain. What does the check say on it .
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Jan 15, 2020 14:24
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Lobsterpillar posted:Have they provided any receipts for the chimney inspection, or given any reason that they have inspected in this instance while the lease you had specifically said that they didn't do chimney inspections? No, not yet. I sent an email Monday asking for the charge to be refunded, followed it with a VM yesterday reiterating that and am waiting for a response before asking for an invoice. I can post the provisions of note on the lease agreement if anybody wants to read them. euphronius posted:What does the check say on it . Looks like a standard check, has the property management's location on it with the subtitle of "Clients' Trust Account", and lists my new address on the memo line. You looking for anything specific?
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Jan 15, 2020 15:39
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You should probably pay for a LOCAL lawyer if you want to go down this road
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Jan 15, 2020 15:40
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euphronius posted:You should probably pay for a LOCAL lawyer if you want to go down this road Will do my friend, I know I'm stretching the limits of what the thread can help with. I'll keep you all updated with how things go (narrator: he did not keep them all updated with how things went) V - right, was curious if cashing the check I was given is a circular way of agreeing with the finality of the charges/credits, it's a stupid thought. Louisgod fucked around with this message at 16:21 on Jan 15, 2020 |
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Jan 15, 2020 15:53
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the idea that you can't take and use the money you've been given because you think they owe you more is completely absurd. though I know it might be a thing because the law is completely absurd
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Jan 15, 2020 16:10
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Nevvy Z posted:the idea that you can't take and use the money you've been given because you think they owe you more is completely absurd. It’s a thing. https://en.wikipedia.org/wiki/Accord_and_satisfaction Not saying it applies in this case. Just talking about law.
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Jan 15, 2020 16:41
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Yeah, the short answer is: Sometimes cashing the check means you're saying they don't owe anymore. Sometimes cashing the check does not mean that. GL figuring out which it is.
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Jan 15, 2020 18:31
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Louisgod posted:
Taint no stupid thought, my friend Not saying to applies in your case
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Jan 15, 2020 18:33
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Yeah, despite the fact that we can't tell you the answer, it was an astute question to ask.
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Jan 15, 2020 19:14
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Texas. More details than are probably necessary: My mother passed a little over a year ago, I was the only sibling on speaking terms with her, and she was in the middle of a divorce from my step-father, after being separated for years.(the home was never paid for by or lived in by my step-father). My sister retained her divorce attorney for probate, everyone slow walked everything until a couple weeks ago when they all decided I was the closest thing to a neutral party and made me the sole executor. I was notified before the ink was dry that the house was being foreclosed/auctioned the following day. Outstanding balance and fees were about 55k. I rushed the money over and paid it off out of my own pocket. When it sells, I understand the money will go back into probate to be worked out, and I was of course informed I'd be able to pay myself back out of that sale. The question: I used my home equity line of credit to get the money same-day. As I understand it, all interest and fees I incur will also be paid back to me, including the original ~55k. What I want to do is go ahead and pay off the heloc, and pocket the interest charge myself. Assuming I don't do anything shady like charge usury rates, is this fine, and what documentation would I need? edit: BEHOLD THE SOUL EXECUTOR
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Jan 15, 2020 20:57
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Edit I don’t even know what to say lol
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Jan 15, 2020 21:01
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The thing you need to do is this: Go Hire Your Own Probate Attorney. Edit: depending where you are in Texas, I can PM you a referral.
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Jan 15, 2020 21:03
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blarzgh posted:The thing you need to do is this: Go Hire Your Own Probate Attorney. Oh, sorry I didn't make that clear, me and one of my sisters are using the same probate attorney. The other sister doesn't want to be involved at all, my step father had an attorney but I believe he quit paying her and dropped it. My sister has verbally okayed it. I'd just ask the lawyer directly but he's a terrible small town attorney that takes a month to return an email and I'd have already dropped him if he hadn't been my mother's divorce attorney and already familiar with everything.
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Jan 15, 2020 21:17
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bobua posted:Oh, sorry I didn't make that clear, me and one of my sisters are using the same probate attorney. The other sister doesn't want to be involved at all, my step father had an attorney but I believe he quit paying her and dropped it. you should still run it by him because what you are doing is a transaction where you are on both sides of a transaction and personally profiting using someone else's money you have a fiduciary obligation regarding, which can be done correctly but is (for a laundry list of good reasons) looked at very skeptically by courts and the law like what you described sounds perfectly reasonable, but still something you would want to make very sure you were jumping through all of the proper legal hoops (such as, potentially, disclosing it to the court and getting the court's approval beforehand or something similar). or there just may be a local/state rule that as a bright-line rule prohibits you from engaging in any self-interested transactions, regardless of how fair they are. evilweasel fucked around with this message at 21:26 on Jan 15, 2020 |
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Jan 15, 2020 21:23
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evilweasel posted:you should still run it by him because what you are doing is a transaction where you are on both sides of a transaction and personally profiting using someone else's money you have a fiduciary obligation regarding, which can be done correctly but is (for a laundry list of good reasons) looked at very skeptically by courts and the law Roger.
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Jan 15, 2020 21:34
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Also drop that attorney if he doesn't know what he's doing, just explain to the beneficiaries he's unhelpful, the estate is paying for him, and you're out 55k if this gets fumbled. Wouldn't hurt to ask a probate clerk at the courthouse to point you in the right direction, though they won't be able to give you legal advice.
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Jan 15, 2020 23:14
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quote:he's a terrible small town attorney that takes a month to return an email I didnt know i was representing you haha malpractice
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Jan 15, 2020 23:21
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EwokEntourage posted:I didnt know i was representing you That's great, this way if the lawyer screws up you can get him a nasty redtext, far better than any simple malpractice suit or bar complaint.
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Jan 16, 2020 01:54
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If the guys name is actually Roger I might know who they're talking about lol
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Jan 16, 2020 02:28
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Couldn't figure if I should ask in here or in BFC (and where?). Texas; Sole proprietorship with 9 employees. My work previously had me set as salary exempt and then learned from their lawyer that I should not be. I'm administrative and part of the family of the family business, but not important enough to make actual policy decisions that can't be overruled by someone else. I think that was the gist of what was explained to me. So instead of switching me to salary non-exempt, they did math and put me hourly to where my pay would be the same as it has been, at 40 hours. Other than me being at a disadvantage if I log under 40 hours for a week, are there any differences between salary and hourly I should know about? Reasons I would want to push for salary non-exempt instead? Damn Bananas fucked around with this message at 21:55 on Jan 16, 2020 |
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Jan 16, 2020 21:40
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The Texas Goon Lawyer network has been activated. Also if he's taking a month to respond and doesn't know poo poo you probably want to talk to a probate attorney to cover your own rear end.
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Jan 16, 2020 21:43
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Eminent Domain posted:Also if he's taking a month to respond and doesn't know poo poo you probably want to talk to [someone else]. I find this to be generally correct in all fields of commerce
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Jan 16, 2020 21:52
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drat Bananas posted:Couldn't figure if I should ask in here or in BFC (and where?). Talk to a lawyer but generally the reason companies want people to be salaried and exempt is they don't have to pay overtime when the employee works more than 40 hours a week, and they can make the employee work more time for no additional pay.
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Jan 16, 2020 22:17
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Arcturas posted:Talk to a lawyer but generally the reason companies want people to be salaried and exempt is they don't have to pay overtime when the employee works more than 40 hours a week, and they can make the employee work more time for no additional pay. i think he's asking if he wants to be salaried and non-exempt: i.e. he gets his salary if he's under 40 hours a week, but he gets overtime if he's over 40 hours a week.
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Jan 16, 2020 22:25
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lmao. The day after my post here he's johnny on the spot with email replies. You're here aren't you you son of a bitch.
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Jan 16, 2020 22:47
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Salaried non exempt exists
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Jan 16, 2020 22:48
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evilweasel posted:i think he's asking if he wants to be salaried and non-exempt: i.e. he gets his salary if he's under 40 hours a week, but he gets overtime if he's over 40 hours a week. Oh, fair. If you're non-exempt then salaried is better than hourly, sure. So an employer has every incentive to make non-exempt employees hourly.
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Jan 16, 2020 23:30
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Yes, sorry I was not clear. I used to be salary exempt. I am now hourly. I am wondering if salary non-exempt would be better for me, or if it doesn't matter whatsoever as long as I hit my 40.
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Jan 16, 2020 23:32
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bobua posted:lmao. The day after my post here he's johnny on the spot with email replies. You're here aren't you you son of a bitch. reveal yourself, small time texas lawyer
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Jan 16, 2020 23:34
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If you hit 40 hours 100% of the time, then I don't know of any advantage to being salaried non-exempt over hourly non-exempt. But I'm not an employment lawyer. But if you ever hit fewer than 40 hours, there's a benefit to being salaried. Administratively, it's easier for an employer to have no salaried employees who are non-exempt, because it means they never have to track hours for salaried employees. If you're hourly then you have to track your hours (or clock in/out, whatever), which makes it easier for them to figure out if you ever exceed 40 hours and are owed overtime.
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Jan 16, 2020 23:41
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So this is my wife's orthopedist. https://www.wglt.org/post/orthopedic-surgeon-arrested-sexual-assault-charges Probably a year and a half or two years ago, he'd touched her inappropriately during an appointment when he and she were the only ones in the room. It wasn't super severe or blatant, but it gave her a bad vibe. She ended up complaining to his practice; they instituted a policy where you could ask for a staff escort, I accompanied her to all future appointments, and that was the last we really thought about it. Until now anyways. Would it be worthwhile for her to call the police to tell her part of the story? Do you think it would help at all? If so, how much do you think they'd expect out of her? She doesn't know if she could handle a ton more stress from this.
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Jan 17, 2020 00:23
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Dr. Kink. The foot guy. joat mon fucked around with this message at 00:43 on Jan 17, 2020 |
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Jan 17, 2020 00:39
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joat mon posted:Dr. Kink.
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Jan 17, 2020 00:46
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