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    Tuesday, February 2, 2021

    Legal Advice Wife inherited land and uncle has turned it into a junkyard that has drastically devalued it. Uncle has no legal right to the land and no written agreement to use the land.

    Legal Advice Wife inherited land and uncle has turned it into a junkyard that has drastically devalued it. Uncle has no legal right to the land and no written agreement to use the land.


    Wife inherited land and uncle has turned it into a junkyard that has drastically devalued it. Uncle has no legal right to the land and no written agreement to use the land.

    Posted: 02 Feb 2021 06:24 AM PST

    This is in ND, USA.

    Can the fair market value be determined for the land with and without the junkyard to see exactly how much he has devalued it? Can the uncle be held accountable for the difference?

    The uncle does have an interest in purchasing the land. Can we hold his junkyard property as collateral until he can buy the land at a fair price? Or can we give him an ultimatum to get his (literal) junk off the land or we seize it? And can we give him a stop and desist order to prevent him from adding more to the junkyard? Or even from entering the property?

    The uncle has also blocked the physical path to access other parts of the land for rent and storage by 3rd party clients. Can the uncle be held accountable for that loss of income?

    Wife is also worried about liability of anyone going on the property and getting hurt. Will she be liable and not the uncle?

    submitted by /u/tohlsen
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    Ex Wife has joined 3 online guilds in Final Fantasy while she has a RO against me. Do online interactions in a video game count as a restraining order violation if I do not respond?

    Posted: 01 Feb 2021 07:05 PM PST

    I got divorced a year ago. During the divorce proceedings my wife got a restraining order against me. Was based off of lies and wont go into specifics other than my lawyer says it has no chance of being renewed past the 2 year cut off.

    In the meantime my ex wife is trying to force me to violate the order by joining the same guilds I join in Final Fantasy.

    The first month after the order went into effect, I left the free company, or guild, on advice of my lawyer as we both used voice chat quite heavily.

    I joined a new group and she followed very soon after. I was talking to random people in discord and she joined saying I better leave or I will violate the restraining order.

    Since I had been there for a week, I just left. I change my character name and left the data center so our characters could never interact.

    I form my own group with some friends who came with me and we grow to be kinda big, talking 250ish members with 20-30 online in discord at a time. Im in discord one day and she joins me and my two RL freinds chat. "Oh guess you need a new guild." First thing she says. My friend says some things which I will not repeat here and says its his discord and bans her. I boot her from the guild and close recruitment so she cant get back in.

    I call my lawyer and... well he doesn't really understand any of that and suggested I just stop playing Final Fantasy. Thats not gonna happen.

    I asked him about the harassment from her and he said this would be very hard to prove unless we had it recorded. Which we do not have any recordings of these interactions. All we have is a character name in Final Fantasy and the word of my best friend since 5th grade.

    My lawyer says I just need to stop playing Final Fantasy and to not try and trap her into getting on voice as that will be proof of me violating the order. He doesn't fully understand what discord is but says that if I knowingly converse with her through it I definitely violate the order.

    All of my friends are on the look out for her as she has followed me to 3 FCs in ffxiv now and the 3rd is one I am the leader of. I don't plan to quit but I want to make sure I am covered. We also implemented a minimum level rule to be in the FC. So she cant just make a new character and join right away. She would have to level up to at least 75 first.

    First question. If she follows my character around and stays just shy of violating SE TOS, meaning I cant just call a GM on her, would that violate the restraining order?

    Second. If she rejoins on another account in discord and I unknowningly talk to others while she is in there, does this violate the order? My lawyer had no clue what discord is and answered this question with "Just make sure not to call her on the phone."

    The 2 year mark for the RO is in September. My lawyer has said if it gets extended, he wold be flabbergasted as it would be highly irregular.

    This is in Texas.

    submitted by /u/homenotmyownanymore1
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    Update: Alcohol at reception for underage bride/groom

    Posted: 02 Feb 2021 09:03 AM PST

    This is an update to a post from a few weeks ago about my under 22 year old niece's wedding she's planning. https://www.reddit.com/r/legaladvice/comments/kui84v/alcohol_at_reception_for_underage_bridegroom/?utm_source=share&utm_medium=ios_app&utm_name=iossmf

    I got a response back after contacting the state liquor control board, which I will copy and paste below. In short, an underage bride or groom cannot legally enter into a contract to pay to have an open bar at their reception, even if there are no plans for them to drink. Thanks to everyone for the advice that got me pointed in the right direction. My niece is going to discuss with the venue two depart contracts, one for the venue and one for the bar. If that's possible, I'm going to sort out being able to contract for a limited open bar as a wedding gift.

    This is in response to your email of January 12, 2021, wherein you ask if it is permissible for an 18-year old to sign and pay for a catering agreement that includes an open bar. It is presumed that the catering company holds a license to sell alcohol in Pennsylvania that is issued by the PLCB.

    Please note that it is the Pennsylvania State Police, Bureau of Liquor Enforcement ("BLCE") and not the PLCB that enforces the Liquor Code and the PLCB's Regulations.

    You are correct that section 493(1) of the Liquor Code, 47 P.S. § 4-493(1), specifically prohibits any individual from selling, furnishing, or giving alcohol to minors or visibly intoxicated persons in any such instances. Therefore, entering into an agreement with an individual under the age of 21 that includes the furnishing of alcohol could be considered to be a violation of this law. A separate contract for the sale of alcohol at the event between the catering company and someone who is at least 21 years of age would be one such way ensure there is no violation of the Liquor Code.

    Pennsylvania Liquor Control Board Office of Chief Counsel

    submitted by /u/Adalaide78
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    I have covid and am really sick. How do I make a will? (New York City)

    Posted: 02 Feb 2021 03:45 AM PST

    Edit: You guys have given me great advice. I'm erasing my post as I have gotten the advice I need. Thank you.

    submitted by /u/EvanWasHere
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    My grandmother wants to kick my ten year old sister out

    Posted: 02 Feb 2021 09:58 AM PST

    Let's just kick it off. I (16F) moved across the country with my two (10F and 18F) siblings over a year ago to live with our maternal grandmother. We've lived on the east coast our entire lives, and although it's been terribly unstable, it's all we've known. Previously living with our paternal grandmother, she became ill and unfit to take care of us (sisters and i were homeless for about three months).

    We ultimately made the decision to call our maternal grandmother (let's call her nana) and we went through many court hearings and legal issues to move out here. My older sister and I once lived with our nana when we were younger, to avoid being separated in the foster care system, but it didn't turn out well. This time was meant to be different.

    We moved to the west coast on an emergency temporary custody order (not sure how we got through the loop hole of leaving the state, but our old case worker advised us to go ASAP) and have been dealing with ICPCs and children services for our full stay here, and many acclimating issues. My little sister takes the brunt of the stress, and is currently being threatened to be kicked out unless her behavior changes. My little sister (10) has been raised as a dictator and is fighting through her whole life of trauma to fit my nana's standards, but it's not working. We all have counselors, as mandated by the courts, and little sister is spiraling currently.

    Our state has finally given us the option to try for full legal custody, but my nana is refusing to sign the papers for my little sister. We have had these threats made almost every three months, with the "punishment" going back to the east coast to struggle.

    I have told nana I will not stay here if little sister goes, and that does not affect her at all. I have obviously found some options for new living circumstances, but the processes will take months to get through, whether it be fostering into a family friend, or a new custody battle from said family friend, whom lives in my home state. Getting emancipated is not in my best interest, as I only have enough savings from my job to last a few months for rent and food or any other necessities. We collect social security money for our deceased mother but it's not accessible, our nana controls the money.

    My (18) sister is heading for college and is already enrolled for on campus. She has been diagnosed with PTSD from prior living circumstances and taking care of my sister and I. Asking her to step up and take custody of us seems unbearable for her future, and I don't want to further restrict her.

    I have emailed my case worker to privately talk with her about my options. But is it worth going through the legal formalities to live back on the East Coast, or even live with my sisters alone? Should i just stick it out here until I'm old enough to live on my own?

    Edit: My home state is Ohio, i currently reside in Arizona.

    submitted by /u/isthemicworkingnow
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    On unemployment, company wants to 'rehire'. Found out they were giving bad references to companies doing reference checks for my current job search.

    Posted: 01 Feb 2021 05:14 PM PST

    I'm located in Southern California.

    This an extension to my last question here.

    My previous employer laid me off due to the pandemic affecting their sales. They recently tried to rehire me and we are currently in the process of negotiating the terms and the job. I did a check through a law firm that pretends to be a company to see what the last employer is saying to employers about an individual. The reference checking firm was very proactive and thorough, and they quickly learned that both the office manager and the owner of the company were leaving very negative reviews with the person doing the reference check. Both the owner of the company and the office manager specifically say in their recorded statements not to hire me. I am currently going through the process of sending cease and desist letters offered by the same reference checking firm.

    Is it illegal if my last employer is offering me work (as 1099 contractor) but at the same time giving me a bad reference to other employers inquiring about me? I really want to get off unemployment and get back to work and I've been really trying for the last 5 months but I think these bad references are screwing me over.

    The owner of the company asked the person I hired to do the reference check to keep the conversation confidential. The law firm marked the document confidential at the top. Can I still use the recorded events in court if I have to appeal through unemployment?

    Thanks in advance for any advice.

    submitted by /u/Discombobulated-Sir7
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    [Indiana] Harassment from outside the U.S. via email; threats to my wife's email too and our daughter, not sure how to proceed legally?

    Posted: 02 Feb 2021 11:30 AM PST

    I've had emails from a man in France (we'll call him Robert) for the past 2 years, it started off with a customer service request to my company about services we offer (I'm the owner of a small business) and we said we didn't offer it to non-U.S. customers (it's maintenance and repair of Macs and refurbishing Macs); then it got into him sending me pictures of himself in his underwear to me and I've had to block him, but he's come back with new emails and constant new attachments of pictures of himself in his email.

    He's also sent photos to my wife's work email of himself wearing bikinis and pictures of his junk and my wife told me about this threat:

    Votre fille Jenny mourra à moins que vous ne puissiez m'acheter une robe et un bikini Louis Vuitton et m'envoyer 20 000 € dans les 3 prochaines semaines.

    In French, translated it's:

    Your daughter Jenny will die unless you can buy me a Louis Vuitton dress and bikini and send me € 20,000 within the next 3 weeks.

    So now the guy's harassing our 16-year-old daughter via my wife (my wife works in a beauty salon); the email was sent to my wife's beauty salon email (my wife's worked for a beauty salon since 2014).

    I've had to keep blocking the guy's emails, but he keeps using new ones from yandex, Gmail, gmx, even protonmail and hotmail sending pictures of himself in his underwear or bikinis.

    I keep getting emails, like 300 a week from this French guy and have to keep blocking them; many are from Gmail or Yandex domains.

    This Frenchman won't stop harassing me and sent me this threat with a picture of himself in his underwear:

    Je viendrai en Amérique l'année prochaine et vous trouverai chez vous! Je sais où tu habites sur yelp.com! Vous m'achèterez un nouvel ensemble de sous-vêtements Calvin Klein et un nouveau Macbook Pro ou les cochons d'Inde de votre femme seront incendiés! Vous n'avez pas le choix en la matière! Ha ha ha ha ha ha ha, vous n'êtes pas un idiot si vous lisez ceci! Joe Biden a fière allure dans un bikini bleu!

    How can I deal with this Frenchman and his threats, short of blocking him? It's a constant game of whack-a-mole and it's fucking annoying.

    How can I proceed legally?

    submitted by /u/lanierhalkalahoosier
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    Wrongly Fined by HOA, Legal Recourse?

    Posted: 01 Feb 2021 04:51 PM PST

    Located in TX. The community HOA sent a letter alerting me I had violated the R&R by propping open a gate, and are fining me $500. Per their notice, I asked how they arrived at this conclusion and for details of the originating complaint. One of the board members had apparently seen my son use a bag of mulch to prop it open, which can't be true as my son was at work during the board member's recollection. After asking her to describe my son's appearance, she had a completely different recollection of any identifying features (dreads in hair, etc). The only common thread is that the offender and my son are both black. I brought this up again during appeal, and the board believed her word against mine. I have brought an additional signed document with a timesheet from my son's place of work, stating he was indeed at work during the time of the violation. The HOA will not budge.

    I have asked for minutes relating to this discussion, and they replied with "the matter was discussed during Executive Session, and is thus confidential."

    Where do I go from here? I am being fined for a board member misidentifying my son on the basis of race.

    submitted by /u/curiousgeorge18776
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    What I learned by reporting as a veteran. *Trigger warning - story about r*pe

    Posted: 02 Feb 2021 07:42 AM PST

    I wanted to update a situation that I asked for help with a few weeks ago.

    I was raped while active duty in the military. I was on post when the incident occurred but I am no longer active duty, I no longer live in the state, and the assailant also has been discharged and is living somewhere else.

    It took a lot of re-directed phone calls but I did find out that if you experienced an assault ON post while serving and are now a civilian - you have to call CID (on post where it happened) and they handle your case. It is considered federal and JAG/SHARP cannot help.

    I also learned that (at least with the army) they provide additional legal services and you can move forward with the process in your home state with a local CID department. The circumstances are fairly cut and dry despite the time gap from incident to report because I have proof, so I can't speak on those challenges but I can tell you that there are things they offer to help if you need it.

    I hope that this helps someone.

    submitted by /u/Ardi___
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    Landlord responsible for snow removal but instead plowed us in

    Posted: 02 Feb 2021 09:18 AM PST

    I live in New York and we got hit with a monster snowstorm yesterday. My landlord is responsible for clearing snow but didn't show up throughout the day. I called last night to ask that he plow in the morning since I'd need to leave for work. Keep in mind the driveway is a very long U, with a set of tenants on one side and my family on the other.

    When I took my dog out before bed last night I noticed he had been by after my call and plowed the driveway. Not my family's side, but the other and left the massive mountain of snow in front of our cars. Our driveway wasn't done at all and he pushed so much snow to our side that I could barely see our cars.

    It took me more than four hours to shovel our cars out by hand. Though the driveway still wasn't done, I was able to drive up and out of the driveway by sheer force. A few minutes ago, I got a call from my wife saying she and my daughter got stuck at the end of the driveway and was almost hit by an oncoming vehicle.

    I'm livid and the landlord isn't answering his phone. Is there anything I can do in this situation? Do I have any options regarding rent withholding? I'm having a hard time with this, especially the fact that my family was put in danger due to his inaction. Any advice is welcome.

    submitted by /u/barmanmanmanman
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    My employer banned us from talking about the GameStop fiasco on any of our social media platforms, any public forum, or in any publicly available medium. Is this legal? Canada.

    Posted: 02 Feb 2021 12:14 PM PST

    Location: British Columbia, Canada

    I turned on my work computer yesterday AM to check my emails and right at the top of it was an email from our area manager. In this email it said that "after the recent events surrounding volatility in the stock market, [Company Name] employees are not to make any sort of comment on GameStop, RobinHood, or any of the other involved parties, on social media (such as Twitter, YouTube, etc.), any public forum, or any otherwise publicly available medium. Employees that are found to be in violation of this will be disciplined appropriately in line with our Social Media Policy".

    To be clear I work for a large multinational corporation (we are in the financial industry), we operate in mainly Canada and the U.S, and other countries as well. Is this an enforceable policy in both Canada & the U.S?

    submitted by /u/The____Wizrd
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    Florida - my license is suspended because of an unpaid ticket that is not mine.

    Posted: 02 Feb 2021 11:10 AM PST

    I went to renew my driver's license a few weeks ago, and the clerk at the DMV told me my license is suspended because of an unpaid ticket in Dade County. I've never gotten a ticket before or even been to Miami so this was quite a shock.
    They gave me the citation number and when I looked it up on the Dade county website, the ticket does not have my name, DOB, or DL number on it. However, our names are INCREDIBLY similar. Same spelling of first name, same middle initial, and the first 4 letters of our last name are the same as well.
    Initially I called Dade County who couldn't do anything so they directed me to the State of Florida DMV, which is who I've been going back and forth with for about 2 weeks.
    They've recognized that this is a system error and that a supervisor needs to fix it. That's the issue though - it's taking so long for me to even get in contact with a supervisor and have them finally fix this error.

    My question is - what can I do to expedite this process? The DMV in my city suggested paying the ticket and moving on, but that's simply not an option for me. Not because of money, I want this error sorted out so if this lady I'm connected to gets another ticket, I don't get screwed again.
    I feel like getting an actual lawyer is not really a solution here either, as that would cost even more than just paying the ticket itself.

    submitted by /u/boobhats
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    Fire today leads to apt manager wanting to steamroll me

    Posted: 01 Feb 2021 09:49 PM PST

    Los Angeles

    Our small complex (28 units total) had a big chemical dumpster fire today. I heard sirens in the distance and left a zoom call to "Ms there's smoke on your background". I ran out and pulled the fire alarm, in my 100 year old rent controlled apartment. The other neighbors make it out over the next few minutes as after 8-12 minutes the firefighters had largely put out the fire in the recycling bin.

    The manager asks who pulled the alarm. Alarm wouldn't stop going off. I pulled the alarm and now the manager wants me to cover the cost of a new system as me pulling it broke it? The firefighters were able to stop it ringing by duct taping it up in the meantime.

    .... Who do I reach out to about this? Surely I'm not responsible for the cost?

    submitted by /u/kerpandilla
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    Injured at work

    Posted: 02 Feb 2021 10:45 AM PST

    All started with a very foggy night shift in Pensacola, Fl 2 in the morning we left our work barge. On a 22ft center console with 8 people on it. Driver of the boat mistaked a marker that marks the end of a jetty that sits inches below the surface of the water for a channel marker and ran the boat clean into the jetty. One person was thrown out of the boat and I was thrown into the bow of the boat hitting my back very hard. I have since seen the physician at work, I have asked about x-rays twice and he keeps telling me general practice is to wait 4 weeks before we get x-rays. I have been given flexiril to deal with the pain and hopefully with a small amount of time the injury will heal, this is what he said to me. Not to mean toon the "prescription" was given in a pill bottle with a HANDWRITTEN label on it. Question is, what should I do from this point on? Has been 7 days since injury occurred

    submitted by /u/mrwelder01
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    Rental property appears to be cross-wired, electric bills insane

    Posted: 02 Feb 2021 07:43 AM PST

    Apologies for format I'm on mobile. So here's some background:

    I live in a 2 bedroom apartment with my sister in Jackson Mississippi area. October and November our electric bill was ~580-650 kwH.

    In the month of December, my sister was gone the entire month and I was only at the apartment for 1 week due to holiday. The 3 weeks I was gone I shut everything off. Not even the heat was only. Only the fridge was plugged in and a porch light was on.

    December electric bill was 1560 kwH, and it was not an estimated bill. Landlord insists its a faulty meter from the electric company because he was personally involved when the apartments were wired 2 years ago.

    In January, I've lived in the apartment entirely alone. I do not shower at the apartment, and I only use the stove top once a week for meal prep. I do not have a washer or dryer in the apartment. I am extremely conservative with my electric use. I have a window air conditioning unit I use to heat my room only when I'm home, and never while I sleep. (So about 4 hours a day)

    January's bill? 1800 kwH.

    What recourse do I have? Electric company insists meter is right. Landlord insists electric company is at fault. I have 6 more months left here, but I can't afford these electric bills.

    submitted by /u/Jicle123
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    Tenant backed out after agreeing via e-mail and digitally signed a lease with his DOD issued smart card

    Posted: 02 Feb 2021 07:42 AM PST

    Just like the title says, had a guy wanting to rent a room out in a house I own in North Carolina. He e-mailed me saying he wanted to rent the place, I forwarded him a month-to-month lease and he digitally signed it. Over the weekend I sent him back a copy of the signed lease and got no response. I e-mailed him a couple more times asking him to contact the other tenant for a key and let me know if he gets settled in okay or needs anything. Got nothing back.

    Finally my other tenant reached out the day he was set to move in and the guy told him he made other arrangements. Currently what I have are his cell number, place of work and the e-mail traffic of him agreeing and sending a signed lease back to me. I also e-mailed him letting him know it is fine if he wants to live somewhere else but he is still obligated to pay rent for the month of February as he agreed to a lease and I took the posting down after he agreed to rent from me.

    Normally, if the guy had even bothered to reach out to me with a proper explanation, I wouldn't pursue this. I just really don't appreciate when someone ghosts me, especially if it costs me money. The lawyer consultation fee is $150 and no appointment until March 1st. My main question is if this is worth pursuing and if I could recoup any legal fees from the guy as well if he doesn't pay.

    submitted by /u/Totalmoneytakeover
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    Charged with misdemeanor in NC - Coronavius is halting the court system and I have job offers approaching.

    Posted: 02 Feb 2021 02:05 PM PST

    Background: Charged with Damage to Personal Property over $200 in October. Contacted lawyer. Did alcohol class, wrote a paper and am on probation with my University. I have no previous charges. Victim never contacted myself/ my attorney nor file a claim with insurance. Damage was very minimal and I already expressed to my lawyer I was happy to pay for it.

    I was charged in October for damage to a car that happened in a parking lot. I am graduating University this Spring and will have job offers coming in soon. Due to coronavirus it seems everything is halted and I am wondering if I have any other options in order to make this go away before then as my court date is not till April. After talking to my attorney and other attorneys, my case will most likely either be dismissed or I will have to do community service/ alcohol class/etc.

    Would it be dumb to try and go to the DA/ADAs office myself?

    submitted by /u/libeatanaliean
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    Friends' Company's Handling of the PPP Loan

    Posted: 02 Feb 2021 10:18 AM PST

    Please correct me if I need to edit anything per the rules. First post here.

    State of Florida.

    My friends work for a medical office that received the PPP loan. My understanding is that the loan became forgivable (a grant) if this money was used towards employee wages/benefits.

    Their office took the loan and paid the employees with their own PTO without asking and took the loan. Now, several employees actually owe the company time. I know this is at least immoral.

    Edit: the office manager also books payroll on Friday, before the day is over, shorting employees that work later than what she "pre-booked."

    submitted by /u/CptSalt
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    Someone opened/registered a business using my home address.

    Posted: 02 Feb 2021 01:58 PM PST

    Hi, not sure if this is the right place to post this but figured it would be worth a shot. I got a letter in the mail addressed to a business I have never heard of, I opened the letter(yes I am aware this is illegal but I am more concerned of identity fraud and theft than some silly mail charge.) it was their electronic federal tax payment system information saying they used my address to register their business. I have searched for information for this business online but found nothing. Google searches are giving me mixed reviews on how to handle this situation. Should I contact the federal fraud department or the mail fraud department? I'm not sure how to report this but I am scared of identity theft or fraud being pinned on me for them using my address! Any and all help is appreciated, thanks.

    submitted by /u/Omisco420
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    copyright laws pertaining to live streaming

    Posted: 02 Feb 2021 11:36 AM PST

    I live in state of Maine. I recently was looking to add buttons to my streams that allow users to play a sound byte when they press a button. A lot of the uploaded sound clips are from shows or movies. Does this constitute copyright infringement and would it demonetize my channel if I ever started making money from it? Also can you use a background character from a show in a banner or logo?

    submitted by /u/Mr_Slippery_
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    I just found out from the city that I'm being charged illegally for electricity in the duplex I'm in. Do I have a case to sue? Would it even be worth it?

    Posted: 02 Feb 2021 10:00 AM PST

    This is in Wisconsin and I found out about this almost a year ago and the landlord is refusing to fix it. Anyway I live in a side by side duplex with a detached garage. The power company was out doing some work on our meter and when they cut the power to my side of the duplex to fix something we found out that we have been paying for all of the electric in what is supposed to be a shared garage for almost 6 years. The power guy verified that it's run to our portion of the unit directly. The garage is a communal space that is completely taken up by the neighbor. Even if we wanted to put stuff out there we couldn't because it's literally full of the neighbors stuff. In the summer the neighbor sits out there day and night running a TV a full size fridge a chest freezer a microwave and all of his power tools all on my dime. He even sleeps out there in a recliner running a tv all night. He's out there so much that our electric bill actually goes UP in summer even tho we have electric heat. It's like paying for a whole other house. I called the city and they told me communal spaces must have a separate meter or be paid by the landlord and included in rent. We have been paying this and this has been ongoing for almost 6 years. I brought it up to the landlord and his response was "I have a ton of money to throw at a lawyer do you?" Well it just so happens I just came into alot of money and I don't like being taken advantage of because this guy thinks I don't have the funds to do anything about it. I have a consultation with a lawyer in a couple days but I'm curious to know if it's even worth paying a lawyer to take this to court, and what are some questions I should ask the lawyer?

    submitted by /u/yotta_T100
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    Neighbors upstairs making life hell

    Posted: 02 Feb 2021 01:41 PM PST

    My neighbors upstairs have been working from home and I don't mean remote computer talk. They are building something up there I constantly hear loud hammering. Pouring water every half hour to fill up jugs of water, a loud machine that vibrates our Home and loud noises of things dropping that literally sound like explosion or a one ton anvil just dropped on our celling. I spoke to the landlord and since is covid there is nothing they can or want to do. Is going to be hard time to move as it cost a lot in Los Angeles and I was wondering what can we do to stop this. I don't want talk to them as they might be doing something shady. What are some of my Options

    submitted by /u/jackpower2121
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    Roommate has decided she is a subletter and can terminate the lease whenever she wants

    Posted: 02 Feb 2021 09:22 AM PST

    This is in New Orleans, LA

    I am a college student and my former roommate Abby has decided to move back home (MN) and do her spring semester classes online. She worked out an agreement with our landlord where rather than subletting, she would let Abby out of the lease if she could find someone to take her place, however she was unable to find anyone and moved out anyway.

    Rent was due yesterday and I was informed that she did not pay her half, but the landlord agreed to just keep her deposit to help her, obviously with the hope that someone else would soon move in and pay a deposit too.

    I contacted Abby to clarify the situation and she told me the following things in this order:

    - Because I signed the lease first (I moved in about a month before she did) I somehow have a greater responsibility than she does, even though she signed that same lease and the copy I have has her signature on it

    - At the top of the lease, it has my name and the landlord's names in print. When Abby signed the lease she did not add her name in print at the top, and just signed at the bottom next to my name under "lessee". She is trying to argue that because she did not print her name at the top this makes her a subletter. I really don't understand where she got this, as I do not even have the legal ability to have a subletter without written permission from the landlord which I do not have.

    -Because she believes that she is a subletter she can terminate the contract without mine or the landlord's consent, none of this is spelled out in the lease so I'm not sure where this is coming from either

    TL;DR: Because my roommate's name is not in print under "To" at the top of the lease (even though she signed it) she believes that this makes her a subletter, and can terminate the contract without mine or the landlord's consent.

    My questions are:

    Is she really a subletter like she claims to be?

    Is she allowed to terminate her agreement in the lease without mine or the landlord's consent?

    How do I go after her to ensure that she continues paying rent if I am unable to find someone in the next month? We are currently in two different states, would it be practical to go after her in small claims court?

    submitted by /u/throwraroomieproblem
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