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    Thursday, December 26, 2019

    Legal Advice - Happy Holidays from the team here at /r/legaladvice

    Legal Advice - Happy Holidays from the team here at /r/legaladvice


    Happy Holidays from the team here at /r/legaladvice

    Posted: 26 Dec 2019 05:57 PM PST

    My 18yo shoplifted from kohl’s. He got busted walking out the door. He gave the items back, worth $250.

    Posted: 26 Dec 2019 05:01 AM PST

    Michigan, btw. He was charged and put on probation. He still has to pay kohl's $250, even though he gave the items back. Is this legal for kohl's to charge him for the items, even though they got the items back before he left the store?

    I agree my stupid son needs a lesson here, and I agree with him being on probation, but I don't understand why he has to pay for items that kohl's got back. From what I understand, if he doesn't pay for the items by the middle of January, he will get in even more trouble.

    submitted by /u/unindended_assholery
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    I was robbed at JFK last night, port authority and TSA are demanding I file my report in-person in New York

    Posted: 26 Dec 2019 07:59 AM PST

    Last night over $300 worth of items were stolen from my person by a 7-9 year-old child (merry Christmas). He had reached into my bin, taken money, AirPods, and some other items, but left the wallet and charging case. Other people reported their wallets missing, but TSA was treating this as "items lost" and refused to even review the footage. Given the definition of grand larceny (to my knowledge) is $200 or more, this just doesn't seem right. I just want a police report filed, and to file a complaint against the TSA officers who refused to even write down my information. Who should I contact? What should I do? Port authority told me I have to fax them a report or come in face-to-face.

    Edit- Wow! The response from you guys has been unbelievable. I really appreciate all of the detailed answers. I was half expecting no response or back handed "lesson learned" comments. Thanks a lot r/legaladvice!

    submitted by /u/BagofBabbish
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    Jehovah's witnesses claim they're not solicitors because they dont think theyre selling anything?? [USA-Oklahoma]

    Posted: 26 Dec 2019 12:45 PM PST

    Jehovah's witnesses come up my 2.5 mile private driveway today. Passing 2 cattlegaurds (gates open yes but still) and no less than 6 no trespass postings and 4 no soliciting signs. To knock on my door that literally has a no soliciting sign on it.

    When I point that out they tell me they're not selling anything so they're not solicitors. Does anybody know the legal standing of that claim? (Oklahoma)

    honestly idk if they can even claim that because the pamphlet they insisted on leaving is full of prices to buy books and things stating that all proceeds go to the church. Now that may be considered just donations but as far as I'm concerned it's still selling something.

    And even if they're not soliciting anything IMO they're still trespassers plain and simple

    submitted by /u/shamelessjames
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    Brand new car stolen at car wash, employee let random guy get in and drive off...

    Posted: 26 Dec 2019 04:28 PM PST

    Seeking advice. Incident occurred in north Buckhead, Atlanta GA this afternoon. Car wash is a long-time established hand wash only business with maybe 10 employees on the lot cleaning cars. My car was a month old so it still had temp tags on it. 2020 Jaguar F-Type convertible with LoJack installed. LoJack I thought was able to track the car anywhere- however it only works when the car drives by another LoJack computer system such as in a police officers car. However, most police apparently don't have LoJack computers and sandy Springs, GA happens to be one of those cities where the police are not equipped. There have been no reported "pings" so as of right now, the car has been missing since it left the lot at 3:54pm.

    After the owner showed up, the officer and I watched along on his computer the security footage. Unfortunately, the car was moved to the only blind spot on the lot so we don't have footage of exactly who took the car other than two customers who witnessed the young man.

    I am wondering if I have grounds to contact an attorney, and if so, which kind, because of my car being stolen while under the care of this business. To me, it seems either A) could be an inside job with one employee B) negligence releasing the car to a random dude who apparently was seen from walking across the street.

    Please help- thank you-

    submitted by /u/carissamc16
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    gf is very sick and contagious w/ a stomach virus and doctor said she cant go to work, her boss is forcing her too and saying she can be fired if she doesnt come. is this legal?

    Posted: 26 Dec 2019 09:15 AM PST

    i live in florida, which is an at will state, does that mean he can fire her even though her doctor is telling her not to come? doesnt that violate some sort of fmla law?

    any advice will help

    submitted by /u/massi-assi
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    As I 17 year old I didnt pay taxes on death insurance from my father, the IRS is letting me know now.

    Posted: 26 Dec 2019 06:14 AM PST

    Hello, as described above when I was 17 in 2013, I recieved a ok chuck of money from my father's death insurance. I was given wrong advice and didnt file taxes. I now owe over 40,000 tentatively. How do I prove to the IRS that is wasnt taxable. I have the paper with the taxable interest for 2013, and filed correctly every year after, but what can I do? Do I file 2013 as a student who didnt work and just went to school and claim the taxable interest? Should I go to my local Tax office and talk with them? I'm not sure how to proceed. I did live in Nevada at the time, however now live in Florida. Thank you for your time.

    submitted by /u/Technicsfire24
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    I have reason to believe that my boss has been 'editing' my hours (i.e. cutting them back after I work them) and I'm not sure what to do. What are my options?

    Posted: 26 Dec 2019 09:08 AM PST

    I live in Iowa, btw. Doing this on my phone, sorry if it looks weird. Also, temporary account, coworkers use Reddit, don't want anyone to know about this.

    I love my job, I'm good at it and I hate what's happening. Recently, we've been instructed to begin using an app for the purpose of clocking in and out, looking over our pay stubs, putting in for vacations, etc.

    With the holidays, and being short-staffed, I've been working a lot of hours, including overtime. I'm the most senior employee, and I know I get paid more than anyone except managers. I add all this for context - not to boast or whatever.

    So, after working 10+ hours on Thanksgiving, and putting in a ton of hours this week so everyone could have their Christmas vacations, I was interested to see how many hours I'd built up on this pay period, so I opened up the app to see.

    At first I was just confused. The numbers of actual hours didn't match what I knew I'd worked. But you can open each individual day and see details, so I tapped the one for Xmas day (I'd worked 12 hours, but it said 8.)

    When I tapped it I was relieved to see it said 12 hours. Then I saw a little note that said it had been edited by my boss. I was curious so I checked some other days and found she'd edited others.

    The actual hours my check is going to have is a little over 80 (two weeks), but it should actually be over 100. In the case of any day I worked 9 or more hours, it shows she edited it.

    Here's the twist: I happen to know that when we come in under budget, my boss gets a bonus. There's about 35 - 40 employees and I suspect there's 'edits' on their stubs too. She's a new manager, and though everyone likes her, I've begun to wonder...

    This check alone, I should have at least another $300 on my check and I AM SEETHING.

    What are my rights? What recourse do I have?

    submitted by /u/dudethatsmymoney
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    Mortgage company is demanding that I allow an appraiser into my home to take photos of every room after my wife and I have already closed and moved in.

    Posted: 26 Dec 2019 06:25 PM PST

    My wife and I closed on a home in late November in Pearland, TX. The house is a new build in a new neighborhood. We used the builder's preferred lender to receive a discount.

    This is our first home, but the closing seemed typical. We signed dozens of documents, received our keys, and moved in. A few weeks later, I get a call from someone out of the blue saying he needs to enter the home for a final appraisal. I let him know that we've already closed and are living in the home. He says he's surprised I didn't know about him and that he'd go through the proper channels.

    Soon after, the mortgage company is telling me I need to set up an appointment for this guy to come into my home and take pictures to finish the final appraisal. I asked why this wasn't done before closing (to be clear, we have an appraisal... it apparently isn't the "final" appraisal...). They said he was on vacation.

    The salesman we've been working with says that he does indeed need to come finish his job, and that it's a legal requirement that I agreed to when I signed the dozens of documents at closing.

    The appraiser called me again, and I told him I felt uncomfortable letting a stranger into my home to take pictures of everything while all of my belongings are in plain view (we're still unpacking). He backed off, and I called the local sales manager of the builder. She agreed that it was a weird situation and would call me back tomorrow, but I wanted to ask a few things to be better informed:

    1. Is this unusual? This is our first home, so I'm not sure.
    2. Do I have to let this guy into our home? To be clear, I would have no problem if this was done before we moved in our belongings, but now it feels like an honest security risk letting someone I don't know enter my home, see all of my stuff, and take pictures of the entire place.
    3. Am I allowed to take the pictures for him? I offered this to the appraiser, and he just ignored the idea. I'm told all he needs to do is verify the place is complete.
    submitted by /u/thenewc0mb
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    Will my parents be notified when I call the ambulance on me for suicidal thoughts?

    Posted: 26 Dec 2019 02:54 PM PST

    I have not been feeling well at all. I just got in an argument with my mother and she basically said that I was a burden to her and the family. I have been dealing with suicidal thoughts for a good while now and I fear that I am a danger to myself. I want to call the ambulance to check up on me tonight, but I don't want my father (divorced from my mother) to know, because he's abusive (he has abused me in the past) and will use that to get custody of me (he already has, but he will do anything to destroy my mother) .

    I don't want to move in with him and don't want to cause legal trouble/custody fight. I am just so desperate and need immediate help. What should I do?

    EDIT: to clarify things, i am living in Germany and am a minor

    EDIT 2: oh god i am so scared of reaching out for help because if my parents find out it's just causing so much trouble. i need help but I am scared it will just do the opposite

    submitted by /u/yeetImgone
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    My father wants to allow my felony fugitive sister live with us.

    Posted: 26 Dec 2019 07:20 AM PST

    A little background: my sister is a bi-polar drug addict with a long criminal history involving theft, drug possession, and who knows what else. Suffice to say, she is an absolutely horrible person to live with. She is currently in prison in California, but will be getting out within the month and intends to move back to Ohio.

    As per the title, my father intends to allow my sister to live with us. She has a felony warrant for her arrest in Ohio where we live. He knows that she has a felony warrant and he knows that I know. It seems to me that he intends to commit the crime of harboring a fugitive, as well as making myself, my mother, and my nephew all accessories to that crime.

    I told him that if she shows up at the house, then I am legally obligated to call the police. He informed me that if I do so, then he would take action to have me removed from the house. My mother is co-owner of the house, and she would not agree with him kicking me out of the house. She has dementia, but he does not have power of attorney.

    My questions are this: 1. Am I correct in my understanding of the law? 2. Can my father remove me from the house?

    Edit: Thank you all for your comments. I am still very unsure what to do about this situation. I will look into getting power of attorney over my mom, but I doubt that that is likely to happen. She is, I think, not competent to understand what that even means. I think perhaps the best thing would be to send an anonymous email to the sheriff's department tipping them off.

    Edit: My sister receives an SSD check every month, even though she is perfectly able-bodied and capable of working. It's not like she is without any assistance or ability to look after herself. In other words, she doesn't need to live here.

    submitted by /u/SwormpyMorkin
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    I caught someone attempting to enter my apartment this morning. He claims he was sent by my landlord and was only “greasing the locks.” (Tennessee)

    Posted: 26 Dec 2019 04:05 PM PST

    I work from home. It was a normal day. I was on the computer and phone as usual. Around 11:00 AM I hear what I think is someone turning the key to my front door. (I live alone so this is not possible and only what I have nightmares of) I realized that indeed, someone was turning the key to my doorknob and my deadbolt. I run over to the door, and without really thinking, crack it barely and loudly say, "EXCUSE ME?!" It's an old man with some sort of oil and a key. He said "Your landlord sent me to grease the locks." I said, "IT WOULD HAVE BEEN NICE TO HAVE BEEN NOTIFIED." That was all of our interaction. I texted my landlord immediately that I felt unsafe and for the man's info. He hasn't responded. That was at 11:00 AM. It's now 7:00 PM. I'm still shaken up. Should I/could I have called the police? Should I press my landlord further? I don't feel right about this. Thanks

    submitted by /u/cassafrass__
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    Stuck in the middle of a 3 car rear end. Person in front is lying to the insurance company.

    Posted: 26 Dec 2019 11:07 AM PST

    Hello, a few weeks ago I got rear ended and then pushed into the car in front of me. I contacted the insurance provider of the person who hit me from behind and they conducted an investigation. The insurance provider told me that the guy in front said he felt 2 collisions. I suspect he is lying to try to screw me over because after the accident he didn't want me to call the police and was yelling at me after I did and saying he was going to get arrested because he didn't have a license. The insurance provider is saying they are only liable for the rear damage and I am liable for the front damage based on the front drivers statement. However, the police report clearly states that I got hit from behind and pushed into the car in front of me and everyone's story lines up on the police report. And the driver behind me got a ticket while I did not. What are my options here moving forward? - in Denver

    submitted by /u/shane_co
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    Pharmacist refuses to fill prescriptions for pain [CA]

    Posted: 26 Dec 2019 03:32 PM PST

    My mother is prescribed three pain medications which is needed to help her through the day. She has chronic pancreatitis and cannot function without pain management. This is part of a pain management plan which has been successful and stable for the last couple years. She has been going to the same pharmacy for several years (which is a major chain) so they have a history of her prescriptions and can validate that she had a chronic condition. Two months ago the pharmacist refused to fill the prescriptions because she thinks the dosages are too high, too frequent and won't fill it until the pharmacist hears from the doctor. The pharmacist is requiring the doctor to discuss her plan of care to wean her off of one of the drugs (no specific drug but any of the three) and her path to reducing the dosages on the other two. According to my mother, the doctor has said this problem is affecting his other patients.

    In California, you cannot call to see if pharmacy has medicine because they think you're drug seeking. This makes it incredibly difficult to find a pharmacy to meet the doctor's orders. My mother is an NP with a DEA certificate and is concerned if she gets labeled as a drug seeker, it will affect her standing being able to prescribe medicines to people who need it.

    We are considering hiring a lawyer but they are very expensive. I'm worried that, being a large corporation, they can delay the process until we cannot afford to see this to resolution. Is there anything we can do or do we need to find council? What type of council do we need? Does the pharmacist have the ability to override a doctor's orders without knowing anything about my mother's health history?

    EDIT: Thank you for the responses. Sounds like they are within their right to challenge the doctor. We've decided to switch pharmacies. I just want her to be able to manage her pain in the best way for her.

    submitted by /u/engineeringguy
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    Went into anaphylaxis after eating somewhere the menu had no allergen info and I informed the waiter of my severe allergy

    Posted: 26 Dec 2019 08:53 AM PST

    I went to a new theater that offered food other than simple popcorn and the like. I wanted to order the hummus plate and was checking the menu for any allergen information as I am severely allergic to walnuts. I'm not allergic to any other nuts, just walnuts and I'm so sensitive to it that any slight cross contamination will have me use my Epi pen and send me to the ER. After checking multiple pages of the menu, I did not see any allergen info for this hummus plate. The waiter came up and I asked if it contained any tree nuts or if it was made in a facility that processes tree nuts and he said no. I informed him of my allergy and the severity of it and he said he would inform the kitchen of it. The plate came out, I ate it and started having a reaction. It was so bad that on the walk to the car I collapsed. We used my Epi pen and my boyfriend had to call an ambulance.

    Now, my question is, do I have any right to ask the theater to pay my medical bill? Or if it gets to that point, sue them? This is in California.

    submitted by /u/sunflowersblue
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    How can I ensure that a power of attorney is cancelled? [Arkansas]

    Posted: 26 Dec 2019 06:57 PM PST

    Long story short, 5 years ago I gave my mother power of attorney over me (I'm a 25 yr old male) because my father had just died and I was in a vulnerable state of mind. Since then she has betrayed me and stolen a large amount of money from me.

    She told me that she cancelled the power of attorney herself, but I obviously don't trust her. How can I legally cancel the power of attorney? After I cancel it, if she brings the old document to a new bank, can she still use it?

    submitted by /u/Hamjamgam
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    Detained and wrongly accused of stealing at Target

    Posted: 26 Dec 2019 04:00 PM PST

    Back in February I was shopping at a Target in a small town while staying with a friend. I was there about an hour, spent about $150 and as I was leaving the checkout I was approached by two police officers and told to stop, some of my items removed from my basket by an employee in plain clothes. I asked several times what was happening and was crying, no one would tell me anything. I was stopped in the very front of the store and after a good 10 min of questioning and waiting for them to "check the cameras" I asked the female officer standing guard with me if I was under arrest or if I could leave and she said I wasn't under arrest but was "detained".

    I was very upset and when the plain clothes employee finally returned and said they checked the cameras and I could leave I was MAD. On my way out to my car one of the police officers pulled up and told me I should "report them". I did go back inside to ask for my items they'd taken from my basket when I realized they hadn't returned them and while inside asked for a manager but after waiting 5+ minutes and being ignored I just took my stuff and left. I did call the main Target number to report the incident and cancelled my Red Card at the same time but never heard back. I do sometimes still shop at my local Target as I never had reason to return to that store but have cut down majorly on shopping at Target due to my experience. It sucks because I used to love Target!

    My question is what can I do if anything about what happened? It felt very, very wrong and was not only humiliating but made me feel really uneasy about the possibility of being arrested for something you didn't even do. There was a good 5 minutes where I was convinced that I was going to jail for NOTHING! Can you imagine???

    I'm in Texas if it matters.

    submitted by /u/moralparallels
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    Offender just sentenced to 9 years after filming and distributing child pornography containing myself and posting fake sex ads with personal info but I’m now looking to take further legal action in civil court.

    Posted: 26 Dec 2019 06:11 PM PST

    Is this a good step? I had to relocate away from my hometown. He posted fake sex ads of me and another women on Craigslist. Distributed videos of us having sex (he tricked me into thinking he was also a teenager - was 32) that recorded on a hidden cam. Three years of FBI calls, meetings, hearings changed. There is just a lot in my world that this has totally fucked and I feel like I need more than a prison sentence from this person to make all of this okay somehow.

    submitted by /u/radiolovesgaga
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    I just won a $4,205 judgment against a telemarketer!

    Posted: 26 Dec 2019 03:03 PM PST

    Now the hard part...collecting it.

    I know a good way is with a bank account number, but I don't know how to get that. Some suggestions are through the UCC filings with the secretary of state, but I don't know which documents to request.

    Also when I served them, the process service company found the registered agent. Can I compel them to tell me anything?

    Any advice is appreciated. Thanks

    Edit: case filed in Georgia, defendant served in Texas

    submitted by /u/vertabrett
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    (WA) Guy that parks next to me is asking for insurance info in regards to a door ding, what do I do?

    Posted: 26 Dec 2019 06:32 PM PST

    The guy that parks next to me in my apartment complex left a note on my door claiming he has 2 door dings and "witnessed" one while he was in car and another when he admits to closing my door (left open probably loading my 3 year old in or something) and finding another after we left.

    His car has major damage on the side he's claiming was hit, but away from any door. I don't want to give him any info because 1.) prove it 2.) I can't afford a rate hike, and 3.) just learn to park better dude, I'm not paying to fix your beater. He's always super close to my car and I know I'm careful when loading the young one.

    I feel like this has fraud written all over it and he's trying to pull one over, looking for advice on how to proceed. I feel like even if I give him my info he wouldn't have a case given the prior damage, but I don't want to deal with the head ache. I'm fully covered but don't really understand how this stuff works, am I better off turning it over to insurance?

    I have the letter but it looks like legal advice won't accept photo posts, I can DM it if anyone can shed some light for me. Thanks in advance!

    submitted by /u/yourdudelyness
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    Concurrent (shared) ownership of family property. Is there a way that all the shares can be given to one person without overall consent? Details in post.

    Posted: 26 Dec 2019 05:59 PM PST

    So, here's whats going on. My grandfather is the majority shareholder of a family property in West Virginia. He has many aunts, uncles, cousins, and neices/nephews who own shares or parts of share. Most of them do not even know the property exists or that they own these shares. My grandfather is the only person to use and maintain the property. Collectively it is about 50 acres.

    My other grandfather has recommended a legal process in which we put an ad in the paper a few times, and if nobody else claims they own shares or own some part of a share, then all of the ownership is transferred to my grandfather.

    Is this process legal in West Virginia? If so what is it called? And if you can, explain it please!

    If not, do you have any other suggestions that going to each individual and trying to get them to fork over their share. Thanks!

    submitted by /u/SmellyGinger415
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    Charged $250 by the county for tampering with the water meter by removing a lock. I never touched the meter until told I could turn it on.

    Posted: 26 Dec 2019 02:59 PM PST

    This is in Gwinnett County Georgia city of Lawrenceville. Bought a house November 25th and the water was turned off by the county Nov 26th. I set up the earliest appointment available for them to turn it on and eventually someone came out and left a pamphlet on the door of how to position the lever to turn it on (but didnt turn it on). That was Dec 02. I went outside and followed the pamphlet to turn it on which only involved turning a lever.

    The bill I received shows a $250 charge for tampering with the meter. When I called them they said they had a picture from November 26th that showed a lock was placed on the meter and when the guy came out to turn it on the lock was no longer there but they didnt have a picture of that. I was told there was nothing I could do. I obviously don't have a way to prove I didn't do anything (also have not seen the picture).

    I'm not sure what to do. I never removed a lock or messed with the water meter until being told exactly what to do, and there definitely was not a lock at that point. So I feel like I shouldn't have to pay that fee, but I am also aware I don't really have a way to prove I am innocent. Is there anything I can do?

    Thanks for any advice or help.

    submitted by /u/thes0ft
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    I am a recipient of HEAP for my heating oil in the winter. The company that delivers the fuel didn't fill my tank when they came (~100 gallons short), so I ran out of fuel on Christmas Day. (NY State)

    Posted: 26 Dec 2019 06:40 AM PST

    I have a ~$250 credit with this company (because they didn't fill my tank). And that's not enough for them to make the "minimum" delivery of 150 gallons. I tried to explain to them that if they had filled my tank initially, I wouldn't need another delivery. They want me to pay the difference for the delivery, about $80 that I simply don't have. The next HEAP benefit won't be until January 2nd. I personally think this company is fucking with HEAP recipients to get more money. Are there any places to report this kind of abuse? What can I do to stay warm?

    submitted by /u/dirtyqtip
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    My sister stole and pawned around $1000 worth of my stuff. What legal action can I take?

    Posted: 26 Dec 2019 07:52 PM PST

    For reference this was in the US. I'm 21 and my sister is 24. I go to school and just came back from a semester abroad. I was keeping my things at my parents house to avoid paying for storage.

    My sister has a history of drug abuse, but recently became clean and asked to stay with my parents while she was recovering. While she was staying with them she stole and pawned my xbox and 3 of my guitars and 2 music amps (I would value everything to at least $1000). It is worth nothing that one of these guitars was my sisters, but she gifted it to me before I left for college. The rest were bought by me. I found out about this when I came home, and she wrote me an apology text in which she admitted to what she did. I blocked her on all social media following this.

    Also worth noting that my parents kicked her out as soon as they found out.

    Is there anything that can be done here? I was thinking of going to the police, but I don't know what would happen past that.

    submitted by /u/Firm_Radio
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    Need to break lease on second floor apartment after needing a leg amputated [FL]

    Posted: 26 Dec 2019 06:58 PM PST

    Not me, but for a friend. I'll be using, "we" since I'm acting as a sort of proxy for reason that will become obvious.

    The lease does not have specific language about breaking the lease for medical reasons or otherwise. The building manager (this is student housing unaffiliated with the university) recommended he find someone to re-lease to relieve the financial burden. My question is, since the apartment complex is required to make reasonable accommodations for disabilities, can we use this to leverage the complex manager to allow him to break the lease. The building has no elevators, only stairs which he would obviously be unable to use. My friend is going to be in the hospital in Colorado for at least the rest of the term of the lease (until June of 2020).

    This is hypothetical, given we may still find someone to re-lease the apartment, but this is becoming increasingly unlikely as spring semester draws closer.

    Any advice or suggestions would be greatly appreciated.

    EDIT: Seems like this isn't a route we will be able to take. Thank you so much for the help. This thread can be locked if necessary.

    submitted by /u/horses-are-too-large
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