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BigRedCat posted:I do not care in the least. Did you actually find printouts of these emails or did you go onto her computer without permission and find them?
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Mar 27, 2010 20:09
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No, these are actual print outs she had hidden in the house. And by hidden I mean in a desk drawer, not stashed away in the wall or something.
BigRedCat fucked around with this message at 20:18 on Mar 27, 2010 |
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Mar 27, 2010 20:15
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BigRedCat posted:No, these are actual print outs she had hidden in the house. And by hidden I mean in a desk drawer, not stashed away in the wall or something. From my brief searching, and my albeit unfamiliarity with Pennsylvania law, I'd guess you're opening yourself up to a tort action under publication given to private life. You may actually prevail if you got sued, but you'd still have gotten sued. You might actually be better protected if you went and talked to the head of this guy's department, or the provost, or something along those lines. Still, you should probably rethink this course of action. It comes off as really petty and I think in the long run you'll suffer if you do it. Just go make an E/N and move on with your life.
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Mar 27, 2010 20:27
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There's also Theft, and defamation should it turn out he's wrong.
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Mar 27, 2010 20:28
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Alchenar posted:There's also Theft, and defamation should it turn out he's wrong. The theft part is maybe arguable. If he duplicates the documents and puts them back, it may not be theft seeing as they were in an area of his home that he had access to. He has the right to move stuff around in his own home. Defamation potentially might be a problem, but if he just sends the reproduced emails to the newspaper, say, without commenting on them, I don't think he's defamed anyone. There might be IIED claims, NEID claims, maybe tortious interference if it turns out this guy didn't do that stuff but it hampered his ability to retain his job- it just gets gross.
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Mar 27, 2010 20:35
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Thanks, I appreciate you checking on that for me. Edit - If I approach the administration directly. Since these were sent from a faculty email address, and I'm sure the school has a data retention policy regarding emails. I would think that they would very easily be able to verify that these are real. Would that limit the liability I open myself up to? BigRedCat fucked around with this message at 20:44 on Mar 27, 2010 |
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Mar 27, 2010 20:38
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Just confront your fiance and stop with the passive aggressive bullshit. I don't know if you can be used in PA but why risk it? Just confront her with what you've found and have your fight. I think we're all really sorry that your fiance cheated on you, that's pretty rough, but don't go sending those emails to the papers. If your fiance was a student I think the situation would be a little different, but she's not so you shouldn't out those emails.
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Mar 27, 2010 21:54
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I have a pretty general e-commerce (kinda) question here. If I were to set up a system in which people donate small sums of money for a chance at being able to 'win' a donation in their name to a registered npo of their choice, while simultaneously keeping a percentage of that money for myself, what kind of legal poo poo am I into here? I'm sure I'd have to pay taxes on probably all of it right? As an example, if, over the course of a month, 1,000 people donated a total of 1,000 dollars at a dollar each I would then give each person a 'raffle ticket' for every dollar they donated. Whoever wins gets to make a donation of $500 to their charity of choice and I keep the rest for server costs and personal profit. I know it sounds ludicrous but I've been considering giving it a go as, aside from legal stuff, it would cost me almost nothing to set up. Just want to make sure it isn't illegal under some kind of tax law or anti-lottery law or... whatever.
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Mar 27, 2010 22:29
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BigRedCat posted:If I approach the administration directly. Since these were sent from a faculty email address, and I'm sure the school has a data retention policy regarding emails. I would think that they would very easily be able to verify that these are real. Would that limit the liability I open myself up to? Well, assuming they have a data retention policy, it might make the emails more verifiable, but you'd still have issues with the invasion of privacy stuff. Plus theoretically your fiancé could sue you as well for publishing details of her private life. Seriously, though, why are you going after this guy? Your fiancé betrayed your trust, not him. She's at least as culpable as he is, probably much more. This is a really petty and spiteful course of action you're contemplating, and no good will come of it for anyone involved.
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Mar 27, 2010 22:30
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The March Hare posted:I have a pretty general e-commerce (kinda) question here. If I were to set up a system in which people donate small sums of money for a chance at being able to 'win' a donation in their name to a registered npo of their choice, while simultaneously keeping a percentage of that money for myself, what kind of legal poo poo am I into here? I'm sure I'd have to pay taxes on probably all of it right? Try this thread for the tax issues.
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Mar 27, 2010 23:46
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entris posted:Try this thread for the tax issues. Sweet, thanks for the link - but is there any other funny law about making donations in someone elses name or anything like that? e; If it matters I live in MA.
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Mar 28, 2010 00:06
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The March Hare posted:If I were to set up a system in which people donate small sums of money for a chance at being able to 'win' a donation in their name to a registered npo of their choice, while simultaneously keeping [50%] of that money for myself, Massachusetts General Statutes, Chapter 271: Section 7 - Lotteries Section 7A - Raffles Section 8 - Lotteries in buildings Section 9 - Selling Lottery tickets Section 7A has the 'charity' exceptions. But when the house takes 50%, it's not charity - it's gambling.
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Mar 28, 2010 01:51
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Well that takes care of that then now doesn't it.
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Mar 28, 2010 01:59
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The March Hare posted:Well that takes care of that then now doesn't it. Know anyone who lives in the Iroquois Nation?
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Mar 28, 2010 02:09
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If only I did... I don't really know why I thought this was a viable idea - I knew that lottos and poo poo were not legal for regular rear end citizens to hold. I guess I thought of it more as someone paying for services rendered (by the way of them paying me for me to post something on my website) and then, as a bonus, there was a chance that they would win their name on a donation to a major charity but - upon reflection, that's totally bogus haha.
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Mar 28, 2010 04:38
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Am I legally required to give notice to vacate from an apartment? We have an apartment lease in Chicago, IL through 04/01/10. It is written into the lease that tenants need to give 60 days notice if they are not planning to renew. I'm not disputing that - what I'm trying to figure out is if the landlord is legally allowed to require this. We did not give this notice because we were planning on renewing, but due to a loss of employment we can no longer afford this apartment. We spoke to the landlord last week and offered to pay him for April rent. He didn't say anything at the time indicating that he would require us to pay for May, so we gave him the check for April and located and signed a new, affordable lease for May 1st. The landlord says that we are now required to pay 2 additional months (April 2010 and May 2010) because we did not give the 60 days notice. Is there anything we can do? We can't afford to pay for rent on 2 places for May, and would not have signed a new lease if we had known that he was going to collect for that month. In addition, according to the Chicago Residential Landlord and Tenant Ordinance, the landlord needs to pay us interest on the security deposit. He has not done so in the 2 years we have lived here, and has told us that he will not. On our most recent lease he actually crossed out the part that said he needed to do so. Is this legal? Does it invalidate the lease? The landlord is an individual who owns a single condo and rents it. He does not rent out any other units. I haven't spoken to a lawyer yet (it's Sunday) but I've shot off several emails and will make a few calls on Monday. My preliminary research online seems to show that once the lease term expires (04/01) if we remain in the unit without signing a new lease agreement, the rental term becomes month-to-month by default. Under a month-to-month renewal agreement, you are only required to give 30 days notice. Which we have by telling the landlord we are moving out by May 1st. Once I confirm that this is correct, I'll send it in writing before 04/01 as well. Please let me know if I'm way off the mark here, or what I can do.
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Mar 28, 2010 23:33
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EVG posted:Am I legally required to give notice to vacate from an apartment? I know Illinois landlord/tenant law says that owners of residential rental properties that are like less than 20 units don't have to pay that interest. There may or may not be a local ordinance that extends that to single unit landlords. I'd check with these guys: http://www.tenant.org/ <---- Chicago Tenant Union
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Mar 28, 2010 23:41
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EVG posted:We have an apartment lease in Chicago, IL through 04/01/10. It is written into the lease that tenants need to give 60 days notice if they are not planning to renew. What did you speak to him about? The 60 days notice clause? Edit/Addit: Illinois' Automatic Contract Renewal Act: (815 ILCS [Illinois Combined Statutes] 601/10) Sec. 10. Automatic renewal; requirements. (b) Any person ... that sells or offers to sell any products or services to a consumer pursuant to a contract, where such contract term is a specified term of 12 months or more, and where such contract automatically renews for a specified term of more than one month unless the consumer cancels the contract, shall notify the consumer in writing of the automatic renewal. Written notice shall be provided to the consumer no less than 30 days and no more than 60 days before the cancellation deadline pursuant to the automatic renewal clause. Check with a Chicago real estate/landlord-tenant lawyer. You'll want to make sure that "sells or offers to sell any products or services to a consumer" applies to leases of real property. FYI, Chicago Residential Landlord and Tenant Ordinance, Municipal Code of Chicago, Section 5-12-080: http://www.illinois-attorney.com/ordinance.htm Though it doesn't seem very helpful for your situation. joat mon fucked around with this message at 01:49 on Mar 29, 2010 |
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Mar 29, 2010 00:40
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Hey, speaking of apartments -- I rent a two-bedroom apartment. Back in December, I decided to start sharing the space with a roommate. I asked him to sign a very basic agreement that explained the terms of his rental, things such as how much rent would be, when rent was due, the fact that he'd have to pay for damages he or his friends were responsible for, etc. This agreement clearly states an expiration date of May 1, 2010. Now. Today, I came home from a weekend trip and discovered both the front and back doors were unlocked. The front door was definitely unlocked since Friday night (when he had pizza delivered) and I have no idea what time he left for work this morning. To me, this is an inexcusable lapse of security -- a serious threat to my apartment, belongings, and my cats. This, on top of some other issues I have (like the fact that his room stinks to high heaven) has pushed me to give the guy 30 days' notice. I want him out. I've written up another agreement explaining a shift of terms for April, 2010. I've stated in the document that he's been given 30 days' notice as of today, that he'd have to have his stuff out of the apartment by April 30, that we'd both look over the room for damages and agree on how that should be handled, etc. It's not terribly detailed. I even broke down how the rent should be paid if he only stays through part of the month. Because I like his mom, I'm charging less rent (provided he moves out early; still asking full rent for the full month). What I want to know is: - If he signs this document, would it hold up in court in case something happened? - What if he doesn't move out by April 30? What can I do? - Does the previous document supersede this one? Basic questions seeking basic answers. ETA: I hold the lease and have lived here for 4+ years, now. my cat is norris fucked around with this message at 00:18 on Mar 30, 2010 |
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Mar 30, 2010 00:10
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my cat is norris posted:Hey, speaking of apartments -- Not basic questions. Very complicated questions in fact. You have created some sort of quasi-sublessor situation. Are you co-tenants with a side agreement, or are you some sort of landlord? Does your state's statutory tenant-landlord law apply? You could argue about these issues all the way to your state supreme court (whatever state you are in) because it is a weird relationship.
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Mar 30, 2010 00:18
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Solomon Grundy posted:Not basic questions. Very complicated questions in fact. You have created some sort of quasi-sublessor situation. Are you co-tenants with a side agreement, or are you some sort of landlord? Does your state's statutory tenant-landlord law apply? You could argue about these issues all the way to your state supreme court (whatever state you are in) because it is a weird relationship. I guess I didn't realize how complicated it could be? Anyway. I've held the lease myself for over 4 years, now. I haven't actually signed a lease in a few years, and everything's been month-to-month. As a college student, I just wanted someone to split the bills with, so I went looking for a roommate to -- I suppose -- sort of sub-let to. As far as the landlord is concerned, I'm the only tenant he deals with. He knows I have a roommate, but leaves that up to me to manage. I don't know what tenant-landlord law might be applying here.  ETA, again, because I am awful at this: I live in Pennsylvania.
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Mar 30, 2010 00:20
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Solomon Grundy posted:Not basic questions. Very complicated questions in fact. You have created some sort of quasi-sublessor situation. Are you co-tenants with a side agreement, or are you some sort of landlord? Does your state's statutory tenant-landlord law apply? You could argue about these issues all the way to your state supreme court (whatever state you are in) because it is a weird relationship. On the other hand his roommate might just be a simple lodger.
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Mar 30, 2010 00:36
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Alchenar posted:On the other hand his roommate might just be a simple lodger. Lodger as in a hotel guest? That would be an interesting argument. That makes it even more complicated. Your safest bet would be to look up PA's landlord-tenant law and treat the roomate as if he was your tenant.
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Mar 30, 2010 10:59
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joat mon posted:What did you speak to him about? The 60 days notice clause? I basically told him "Listen, we haven't signed a lease and we can't afford this place, we'll pay you for April (because it was already 03/26) but we're getting a new place for May and not renewing". We were rejected for the other place we applied for starting on 05/01, so I guess it's now a non-issue. However, Tenant.org got back to me and says that he IS required to pay the interest, even as a single-unit landlord. And the penalties can be up to double the security deposit back, plus the missing interest, for EACH YEAR - as well as legal fees. We're been there for 3 years. What I'm trying to decide is whether I would be a jerk to pursue this (because the interest rates have been insanely low). On the other hand, he DID knowingly cross out part of the required lease and according to Tenant.org reps, that shows that he purposefully was avoiding paying interest and it is specifically noted that doing this does NOT invalidate that requirement. That money would be nice... but what are the odds we'd actually get it and just not have it thrown out, and how much legal hassle would it be?
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Mar 30, 2010 11:35
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EVG posted:I basically told him "Listen, we haven't signed a lease and we can't afford this place, we'll pay you for April (because it was already 03/26) but we're getting a new place for May and not renewing". Tenant.org would help you with that stuff. It's probably just a small claims action. But keep in mind, as far as "pursuing this", you only get the interest/penalties when you cash out by moving out.
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Mar 30, 2010 15:16
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Incredulous Red posted:you only get the interest/penalties when you cash out by moving out. http://www.illinois-attorney.com/080.htm Stepping back to look at the bigger picture, is your landlord a jerk, or is he OK? You said he self-managed this one property of his. He's probably going off the State law that says he doesn't have to give you interest on your security deposit. As for you and him missing the notice of non-renewal, that law has only been around since 2000. If he's been renting the place out since before 2000, he may not have known about the change. So, he may not be trying to screw you over. Especially if you haven't got a new place lined up, it may not be necessary or wise to burn your bridges. If he's capable of discussing this rationally, you might just want to have a sit-down with him, get these issues out in the open, and talk out a way to make it work. He'll keep his renters and have a better idea of what the law is, so he doesn't get screwed by bad renters in the future. Or, he'll lose you guys as renters, but amicably - he won't get his 60 day penalty, but he'll have a beter idea of what the law is for next time, so he can legally enforce it. It seems like you've got the law on your side, but the law doesn't work smoothly, quickly or cheaply. Which way is more of a hassle? HINT: This is a trick question.
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Mar 30, 2010 17:05
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joat mon posted:You're supposed to get the interest paid to you every year, in cash or credit toward rent: I stand corrected - I'm pretty glad I'm not a landlord in Chicago.
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Mar 30, 2010 17:25
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joat mon posted:You're supposed to get the interest paid to you every year, in cash or credit toward rent: He's kinda a jerk, and definitely a bad landlord. He knew about the interest due to us (we talked to him) but insisted that he wasn't going to pay it and we didn't want to argue at the time. He also is horrible about maintainance (broken window seals for 2 YEARS, and we pay the heat!) and expected us to take care of shoveling/salting the walk if we wanted it done. Etc, etc. But you're right, this would be a lot of hassle. We managed to get out of the place we applied for starting May 1st, so if the landlord can't find a new renter for May 1st, we'll just stay until June 1 so we don't have to fight him about paying that month's rent. Once we're on a new lease and moved and don't have to directly deal with the current guy anymore for our living situation, I think I might go forward with seeking reparations for the missing interest. IF whichever lawyer I consult says that there's a good chance of getting the full total possible (or close to it), and IF they also say that they will take their fees from the settlement/ I don't need to pay them, then that money would definitely make it worth the time. And maybe it would teach this guy a lesson about his responsibilities as a landlord.
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Mar 30, 2010 18:05
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From here: http://forums.somethingawful.com/showthread.php?threadid=3285987&pagenumber=1#lastpost Illegal Search OK Goon Lawyers, Lawyer wannabes, Goons that watch Law& Order Heres the situation in a nutshell: My father owns a rental property on the second floor of his house. He rents it out to people. Recently he got a tenant, which was a very nice man, and paid his rent on time and was just a good tenant that you could not have asked for better. However, long story short he had some run ins with the law. The run ins were enough for cops to obtain a search warrant for his place of living, and the basement to the place which he had full access to, granted by my father since the guy was into construction and would store his tools and other poo poo in. Anyways so cops show up kick the door in to the hallway, and bust up the dudes apartment, but not only that they forecibly enter my fathers place too, while he was away at work. I'm not sure if the adrealine was high in the air but the cops overall busted up the joint enough to couse about 6K in damages. Holes in the walls, broken furniture and cabinets etc. The kicker is that they did not have a warrant to search my old mans place, yet they forecibly entered it and searched it causing the damage. Of course they did not find anything there, because my old man is a hard working dude, and on top of that has been diagnosed with cancer recently. He has bought this place, which was pretty run down and fixed it up, brining it up to code and making it look nice... so I'm pretty furious that cops just come in and treat someone livelyhood like that. He has been to the PD inquiring about the damage but they send him to the City Hall, which in turns sends him back to PD. What the hell is his recourse? I know hes a chill dude and would have no problem letting cops in and showing them around the place and whatever they would want to see, even his own apartment as he has nothing to hide. So that would have no problem, but entering someones place and busting it up for no apperant reason is just outragous. Cliffs: Own rental properties, cops obtain warrant to search one apartment but enter both of them and bust sh*t up commando style - possibly sharpening their ninja skills on household appliances. What do? Update: Apartments are clearly separate Update2: 3 lawyers have been contacted and none will take the case, which doesnt surprise me much... I'm dealing with my dads cancer issues right now, when ever I will get a brake I will reasarch someone who specializes in just these. This sux...
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Mar 30, 2010 23:18
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Get in touch with Radley Balko @ radley.responses@gmail.com
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Mar 30, 2010 23:45
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Can you elaborate a bit?
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Mar 31, 2010 00:22
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ItchyDroopy posted:Update2: 3 lawyers have been contacted and none will take the case, which doesnt surprise me much... I'm dealing with my dads cancer issues right now, when ever I will get a brake I will reasarch someone who specializes in just these.
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Mar 31, 2010 01:28
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ItchyDroopy posted:Can you elaborate a bit? He's a journalist who covers wrong-door raids frequently, so he might be able to (a) give your story publicity, and (b) put you in contact with a local attorney who can help.
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Mar 31, 2010 01:39
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Baruch Obamawitz posted:He's a journalist who covers wrong-door raids frequently, so he might be able to (a) give your story publicity, and (b) put you in contact with a local attorney who can help. GOld Thanks
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Mar 31, 2010 05:30
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ItchyDroopy posted:Update2: 3 lawyers have been contacted and none will take the case, which doesnt surprise me much... I'm dealing with my dads cancer issues right now, when ever I will get a brake I will reasarch someone who specializes in just these. - What damage the police did - Why they lacked the authority to do it Do not spend time talking to a lawyer about the awful injustice and how it's just not right. He can't take that to court. Also get someone (such as a relative) to proofread anything you write to a lawyer. Lawyers place a high value on language skills and first impressions are important. Gazpacho fucked around with this message at 06:54 on Mar 31, 2010 |
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Mar 31, 2010 06:52
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I am getting a divorce. We have been married for 3.25 years. During that time, I took on approximately $19,000 in Sally Mae loans and $15,000 in medical bills (only $3,500 of the medical bills are outstanding). My question is in regards to the Sally Mae loan. This loan was for her tuition at a trade school and it is totally in my name as she has horrible credit. Now that we are getting a divorce, am I totally hosed on this loan? Is there any way to transfer it to her name? How bad of an idea is bankruptcy in 2010? Also, what are the approximate lawyer fees for a simple no fault divorce in California. Thanks. visuvius fucked around with this message at 18:14 on Mar 31, 2010 |
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Mar 31, 2010 07:31
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uG posted:Maybe this is another circuit specific question, maybe it is only Michigan specific. But I plead guilty to a misdemeanor possession of marijuana in circuit court (originally charged with felony possession). However when I went to get my PSI paperwork they also have me an order for DNA sample. According to MCL 750.250m DNA samples are taken for felonies and various sex/prostitution crimes. It does not state that what I plead to requires a DNA sample. Is this also up to the judges discretion? My lawyer is at some conference for a few days and won't get back to me for a few days, i'm just curious to know before.
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Mar 31, 2010 18:45
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uG posted:For the record, the court clerk told me if you were originally charged with a felony then you still have to give a DNA sample. Thank you for reporting back with this answer.
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Mar 31, 2010 20:35
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Quick and simple question, mainly looking for a "Oh, yeah, I had to do that and it went fine/awful" answer: tldr: roommate hits my car causing $1400 in damage, no witnesses but tells me/my other roommates about it, says he'll pay for it when he can. now refuses, claiming he never hit my car. I know I can take him to small claims and try to use my roommate's testimony that he told them about it as evidence and get the money, but is this very plausible?
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Apr 2, 2010 23:31
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Why is he now refusing to pay? Is your other roommate willing to actually testify?
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Apr 2, 2010 23:56
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