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ClothHat posted:Thanks for the prompt advice. In regards to the steam cleaning, wouldn't that make a portion of the pet deposit non-refundable if he is assuming it requires steam cleaning before viewing the carpet. I was under the impression non-refundable deposits were not okay in CA, or are pet deposits a separate thing. Look through this publication: https://www.dca.ca.gov/publications/landlordbook/catenant.pdf The information contained within helped me out the last time I moved out of an apartment. There's some really good info about inspections, cost estimates, what the landlord is allowed to deduct from the security deposit, etc. The only ambiguous thing that I can think of just from the info you've provided is whether you would only be obligated to return the apartment to the same state of cleanliness as when you moved in, or as when the professional cleaning was done (since that was done at the landlord's expense), but I'll let one of the pros chime in on that.
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Feb 10, 2012 00:42
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Baruch Obamawitz posted:The reason I think lawyers were pissed off in the past about it is because, strangely enough, we actually care about defendants (our prosecutors notwithstanding), and don't want them to make dumb mistakes that have serious consequences, and you were telling people that we aren't necessary, so to hold you up as an example of Why You Should Get A Lawyer is, frankly, a public service. I've never said doing things without a lawyer is a good idea. I was simply saying that in my situation, every lawyer was ignoring me or not listening to all the facts, so they wouldn't take my case and I was forced to do it alone for a while. When I started making some progress I guess I was able to show them I had a legitimate claim and finally lawyers stopped refusing to help. There are no free resources in my area for criminal cases and the few lawyers that said they could help wanted to charge at least double what I could pay. EVERYONE should try their hardest get a lawyer instead of doing it on their own! If for whatever reason there is no help available, you should try to understand what is going on as best you can so you don't get screwed by missing deadlines and stuff like that...BUT continue to make multiple calls a day to try and find a lawyer who will agree to help. If I had given up and been discouraged when no lawyers I called would help me, I would be stuck with a criminal charge on my record my whole life when I hadn't done what I was accused of. Just to make it clear to everyone: The legal system is some scary poo poo. DO NOT take no for an answer when it comes to getting the help of a lawyer.
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Feb 10, 2012 09:43
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Apartment lease question. I'm currently in the military and I moved off-base for the first time back in August. I signed onto a friend's lease, knowing he was going to be moving out soon and he needed a way to get out of his lease to move in with his girlfriend and I was totally okay with this. So after I signed onto the lease, he eventually signed his name off the lease so I took over full control of the lease. The apartment complex repeatedly gave me notices on my door that I had to give notice to vacate before January 26th (60 days before my lease would expire on March 26th). Being in the military, I was detached out of the state for a few weeks, had a few car problems, and was just overall unsure whether or not I was going to stay at the apartment complex for personal reasons. Regardless, I typed up a letter to vacate on the 25th of January and had intentions to drop it off January 26th. That day, my clutch went out on my car and I had to drive out of the city about 45 minutes to a shop to drop it off and get it fixed. By the time I got home, I already forgotten to drop the notice off and make any contact with them. The next day, I went to the apartment complex and they told me I was automatically renewed for one year. This *WAS* in my lease that I took over however I didn't know til after. I know this because the Monday after, I asked them to fax me my lease to my job and it was in there. I however, ignorantly assumed that the lease would renew to month-to-month like most places do. Not a loving year. They told me I could terminate early by paying two months in liquidated damages which would total about $2000. Definitely not a path I'm trying to take. I wrote her a letter saying I've had problems with maintenance not getting done (blinds are broke, I told them in September and they still have not done anything). There is also the smell of marijuana in the hallways. And this is where I'm trying to take advantage of the situation. From what I can tell, there's no mention of what would happen if drugs are on the premises. They did send out notices that it is not allowed about two months ago on everyone's door however the smell is still in the apartment halls once in a while. I brought this up to the property manager (after they told me my only option was to pay liquidated damages) and she said nothing could be done and I need to call the non-emergency police line. Can I use the smell to get out of my contract without paying the liquidated damages? I'm in the military and I have a top secret clearance with the government. I'm not ignorant enough to think the smell will make me pop for a drug test and under normal circumstances I don't give a poo poo about the smell but if I can use it to get out of the lease then I'll do what I can. Suggestions? EDIT: This is in the city of Virginia Beach, Virginia.
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Feb 10, 2012 20:09
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If you are relocating because you are in the military, you have an out. From the VA landlord-tenant Act.quote:§55-248.21:1. Early termination of rental agreement by military personnel
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Feb 10, 2012 20:25
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Wheres that guy that wanted to sue the homemade webisode people? I want to make fun of him some more.
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Feb 10, 2012 20:30
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Anyone familiar with Michigan child support laws? My coworker has been trying to get child support for her two kids - now in their teens - from their father who resides in Michigan (we are in California). The father is not able to hold onto a job, lives with his parents, and hangs out at a dive bar much of the days (my coworker thinks there might be some drug selling there since he seems to have enough cash to support his drinking and cigarette habits). His parents cover his living expenses, including paying for health insurance. Is there a way to get child support from his parents (the children's grandparents) since they are supporting the father and know he is getting away with not paying child support? If so, how? Thanks!
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Feb 10, 2012 20:35
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LizaAbeja posted:Anyone familiar with Michigan child support laws? Step 1: get a lawyer
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Feb 10, 2012 20:45
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Incredulous Red posted:Step 1: get a lawyer Does the Michigan AG's office not offer child support services?
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Feb 10, 2012 21:03
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Konstantin posted:If you are relocating because you are in the military, you have an out. From the VA landlord-tenant Act. And go talk to the folks at legal assistance. Given that you're in Virginia Beach, I'm sure they've done this exact thing many, many times. e:Probably these folks. ee: LizaAbeja posted:Anyone familiar with Michigan child support laws? http://www.childsup.ca.gov/Resources/ApplyForServices.aspx joat mon fucked around with this message at 21:15 on Feb 10, 2012 |
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Feb 10, 2012 21:06
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TheBestDeception posted:Does the Michigan AG's office not offer child support services? Good idea: http://www.michigan.gov/ag/0,1607,7-164-17331-247165--,00.html
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Feb 10, 2012 21:15
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Getting the guy convicted for a felony is probably not the best way of ever getting paid. I don't know.
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Feb 10, 2012 21:24
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Konstantin posted:If you are relocating because you are in the military, you have an out. From the VA landlord-tenant Act. I'm not relocating out of the area. I'll still be in Virginia Beach for the next year and a half at least but I just dislike the area and wanted to move to a better place. I do, however, have someone in my command who might be willing to write me a set of fake orders to get me out of the lease but I'm not sure if I want to try that just yet. Also, I've been trying to schedule an appointment with Navy Legal for the past week but they haven't gotten back to me. Assholes.
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Feb 10, 2012 21:31
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gigabyt posted:I'm not relocating out of the area. I'll still be in Virginia Beach for the next year and a half at least but I just dislike the area and wanted to move to a better place. I do, however, have someone in my command who might be willing to write me a set of fake orders to get me out of the lease but I'm not sure if I want to try that just yet. Do not commit fraud.
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Feb 10, 2012 21:40
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euphronius posted:Getting the guy convicted for a felony is probably not the best way of ever getting paid. I don't know. Garnish his license plate check
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Feb 10, 2012 22:24
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I was hit by a car in at a gas-station today. I pulled out of a spot, moved behind a truck that was at the end of the lane, saw a car approaching, and stopped. The guy in the car approaching began waving at the guy in the truck, still driving forward, and hadn't seen me, and before I could react he swerved into me. The guy apologized a couple of times and admitted it was his fault, we exchanged info, and I contacted both our insurance companies + the RCMP to report it when I got to work. The damage on my car is moderate- the driver's side headlight is destroyed, and there is some body/paint damage. My question is, I want to call the gas station and ask if they have the accident on video, but my girlfriend says that by doing that I'd be escalating the situation and cause him to take a more offensive (defensive?) stance. I want to cover my bases, though, and I'm pretty worried about this guy changing his tune about admitting fault. What should I do here?
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Feb 10, 2012 23:12
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Adama posted:I was hit by a car in at a gas-station today. I pulled out of a spot, moved behind a truck that was at the end of the lane, saw a car approaching, and stopped. The guy in the car approaching began waving at the guy in the truck, still driving forward, and hadn't seen me, and before I could react he swerved into me. What's going to happen is that both insurance companies are going to look into it, which means that one or both of them are going to request the security tapes from the gas station. Just do what your insurance company tells you to do. Talk to your claims adjuster if you have any questions.
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Feb 10, 2012 23:23
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Incredulous Red posted:Wheres that guy that wanted to sue the homemade webisode people? I want to make fun of him some more. The fact that you said "that guy" means you missed out on the funniest part of that post, which is that the complainant was until recently a literal crack whore. Going from "take it in the rear end for a hit" to "raaagh you incidentally caught me on camera walking into Starbucks" is pretty impressive really.
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Feb 11, 2012 00:58
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entris posted:What's going to happen is that both insurance companies are going to look into it, which means that one or both of them are going to request the security tapes from the gas station. Just do what your insurance company tells you to do. Talk to your claims adjuster if you have any questions. Which will almost certainly be deleted by then. I think it would be worth asking them to retain the tape.
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Feb 11, 2012 01:45
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nm posted:Which will almost certainly be deleted by then. I think it would be worth asking them to retain the tape. That's what I was worried about; I think I'll call them in the morning and at least ask them to hold onto a copy.
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Feb 11, 2012 02:07
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Adama posted:That's what I was worried about; I think I'll call them in the morning and at least ask them to hold onto a copy. Write them a letter, too.
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Feb 11, 2012 02:09
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CaptainScraps posted:Write them a letter, too. Explaining that I'd like them to hold onto a copy?
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Feb 11, 2012 02:19
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Yup.
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Feb 11, 2012 02:20
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Trillian posted:The fact that you said "that guy" means you missed out on the funniest part of that post, which is that the complainant was until recently a literal crack whore. I wasn't trying to sue I just wanted them to stop filming in public. And I've never taken it in the rear end for a hit. If you read the thread - this was something that only went on for two months in early summer 2011. I wouldn't call it recent or act like it was something I was doing for a long time. elisaaa fucked around with this message at 12:15 on Feb 11, 2012 |
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Feb 11, 2012 03:13
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Crosspost from the goonpartments thread: The "landlord" (it's a faceless evil corporation) of my last apartment is charging me a $150 cleaning fee due to "entire apartment dirty; misc items left". This is, of course, bullshit since the place was practically spotless when we left it aside from some spots on the carpet (there was a separate charge for this, but whatever). As far as I can tell from Virginia's tenant/landlord laws, charging for cleaning is not permitted unless excessive damage has been done (it hasn't). What are my options here? I read that the landlord is supposed to furnish the tenant with an itemized list of all damages after the inspection has been done, but that was never provided. I do have some pictures of the apartment in its clean state before we locked up for the last time.
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Feb 11, 2012 21:57
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Trillian posted:The fact that you said "that guy" means you missed out on the funniest part of that post, which is that the complainant was until recently a literal crack whore. How the gently caress is that relevant to anything? She asked a slightly silly question (though still valid for the thread), so you dump on her for sharing (in a different thread from last year, no less) a very difficult part of her life that she's since turned around? Of the two of you, she's not the one being an rear end in this thread.
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Feb 12, 2012 00:03
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psydude posted:Crosspost from the goonpartments thread: I assume they are taking the $150 out of your deposit. In that case, the only option is to take them to small claims court for it.
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Feb 12, 2012 02:18
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Ok, here is my situation. I have no part in it, but it could potentially affect me and I need to know what will happen in the next 2 days or so. My apologies if anything is incorrect, I am getting all this information second hand. For reference, I am in Ohio, Wood County. My brother-in-law was arrested to Saturday for making a very serious threat on Facebook to kill his parents, whom he still lives with. The initial charge is a Misdemeanor 1, I do not know more about the charge than this. His arraignment is tomorrow. The initial bond was set at $25,000, which my in-laws can not pay. I am sorry that I do not know what the exact charge is; my in-laws are not very smart people, and they are freaking out, so getting clear information out of them is hard. Their lawyer has advised them that if he is convicted of this charge, he will not be able to live with them anymore because of the nature of the charge. My in-laws are worried that this means he will not be able to live with them after the arraignment, should he plead not guilty to the charges and somehow post bail. They are bugging me and my wife to take him, and we are very hesitant to take him in. So my lawyer friends, what will happen after the arraignment should the original charge be unchanged? Will he be able to return to his parent's home, or will hehave to find somewhere else to be until the trail?
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Feb 13, 2012 04:32
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I can't offer any legal advice, but if it was a serious threat... then what the gently caress are they thinking letting him possibly stay with them any more? This is how seriously bad things happen.
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Feb 13, 2012 04:38
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My in-laws are not the...brightest people around. Their kid made threats to them, and they are willing to take him back in. I don't know. My wife and I stay pretty far from her family, even if we only live 10 miles away. Neither of them finished high school, her older brother is a convicted felon, my wife somehow managed to get a Master's degree in the middle of all this. We don't try to question crazy anymore, we can not understand.
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Feb 13, 2012 04:43
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TrinityOfDeath posted:Ok, here is my situation. I have no part in it, but it could potentially affect me and I need to know what will happen in the next 2 days or so. My apologies if anything is incorrect, I am getting all this information second hand. If he cannot afford an attorney, he should request a public defender at arraignment. If he can afford an attorney, he should go to court tomorrow and request time to hire an attorney before making any plea. He certainly shouldn't plead anything but not guilty without an attorney and he should try to avoid entering any plea without an attorney (as there are certain legal things that can be done only at arraignment.)
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Feb 13, 2012 06:46
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It should be needless to say but insofar as this situation effects you; under no circumstances agree or succumb to pressure to house this person.
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Feb 13, 2012 12:37
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TrinityOfDeath posted:So my lawyer friends, what will happen after the arraignment should the original charge be unchanged? Will he be able to return to his parent's home, or will hehave to find somewhere else to be until the trail? In all likelihood, a condition of his bond will be that he not have contact with the people he threatened (i.e., his parents). That means he cannot live with them, even if they invite him. He cannot talk to them, even if they call him. He cannot email them; he cannot message them on Facebook. No contact whatsoever. If he does, he risks having his bond revoked and possibly new charges - he will return to jail.
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Feb 13, 2012 16:27
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Say a kid gets Social Security Survivors benefits because both his parents are dead. If that kid is adopted, will he continue to receive Social Security Survivors benefits?
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Feb 13, 2012 16:29
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euphronius posted:Say a kid gets Social Security Survivors benefits because both his parents are dead. If that kid is adopted, will he continue to receive Social Security Survivors benefits? I don't think so, provided that the post-death adoption doesn't have effect of annuling the prior parental-child relationships? See 20 CFR 404.352(d)(1), which lists the terminating events and doesn't include post-death adoption of the child, and Social Security Ruling 91-6. SSR 69-3 seems to go the other way, but it's much older and I think the statute has been amended since then, although I haven't dug through the legis history to really figure it out. For some reason I think you are another lawyer asking this, but if you are not a lawyer, then you may want to hire an elder law attorney or one specializing in social security benefits - this isn't an easy question to answer. This area of law is weird and arcane and requires a specialist or at least someone getting paid to look into it.
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Feb 13, 2012 17:20
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This page is awesome http://ssa.gov/OP_Home/ Sometimes the Federal Government is awesome.
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Feb 13, 2012 17:46
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I have what might be a silly contractish question. I can't imagine anyone litigating over this, but, well, that's sort of the point of having a written agreement, right? Part of my job deals with issues in IP law (which I am not qualified to practice/do not practice), and I often end up giving not-legal advice to clients. An indemnity clause in our contracts already provides that they won't construe anything I tell them as legal advice, but at present I'm drafting a document that distills all of my not-legal advice so that I can send it out with our publication contracts and have to deal with people and their dumb questions less. (1) Is it okay for me to write and publish a document of what's obviously legal advice as long as at the end I write "This isn't legal advice"? (2) How is this wording? quote:Notice: Per Article 12 of your publication contract with [redacted], please note that obtaining permissions is the sole responsibility of the Author. I am not an attorney. Any recommendations contained in the above document or in any correspondence are not legal advice and do not impact your indemnity of [redacted].
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Feb 13, 2012 18:03
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The best place for this kind of indemnity clause is prominent and at the top of the document. The precise wording is not so important as is absolutely ensuring that the clause is seen, read, and appreciated. e: you maybe need an explicit reference to cover incorrect advice arising out of your own negligence
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Feb 13, 2012 18:11
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Alchenar posted:e: you maybe need an explicit reference to cover incorrect advice arising out of your own negligence Thanks for answering! So it's right on top, and I've added this: quote:Any recommendations contained in the above document or in any correspondence (including any recommendations that, through negligence, lead to infringement, litigation, or damages) are not legal advice... There's more precise wording in the contract (which came from our institution's legal office) so like you said I'm happy to just allude to that. This is pretty unambiguous, right?
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Feb 13, 2012 18:47
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King of the Cows posted:In all likelihood, a condition of his bond will be that he not have contact with the people he threatened (i.e., his parents). That means he cannot live with them, even if they invite him. He cannot talk to them, even if they call him. He cannot email them; he cannot message them on Facebook. No contact whatsoever. If he does, he risks having his bond revoked and possibly new charges - he will return to jail. Thank you for this information. This is what I needed to know. There is no way I would let him into my house, but I like to be in the know with these kinds of things. My wife is just getting a huge guilt trip from her father and it is harder for her to say no to her own family than it is for me.
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Feb 13, 2012 18:54
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Hopefully this is a quick/easy question (ha). I live in Chatham County, North Carolina, and my wife and I own and live in one side of a duplex. The other side of the duplex is owned by some one who rents it to the person who lives there. We have recently found out that we may need to have work done to renovate our crawl space, which is shared with the other side of the duplex. Basically, there is one big crawl space combined under both sides of the duplex. We have been told that to repair just our side of the crawl space would be a useless endeavor, and that really the whole thing needs to be fixed at once. The cost of not fixing this is mold/rot/structural damage and we would like to sell this place in the near future so we are eager to have things fixed properly. What, if any, are our legal rights if the other owner of this building does not want to have these problems addressed? A google search for "duplex legal rights" just gets me flooded with tenant/landlord information that is not relevant. Is there a legal term I should be using to search for information on laws pertaining to the co-ownership of a single building? I have spoken with the other owner and he is happy enough to let some one inspect his side of the crawl space along with ours (since it is free :/ ), but I just want to prepare myself for what to expect when the inspector comes back with a cost well into the thousands and the other side doesn't want to deal with it. Maybe I am being pessimistic.
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Feb 13, 2012 22:27
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Associate Christ