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    Monday, August 10, 2020

    Legal Advice - Police officer threatened to arrest me for sleeping in my car in my driveway. Did I break any laws?

    Legal Advice - Police officer threatened to arrest me for sleeping in my car in my driveway. Did I break any laws?


    Police officer threatened to arrest me for sleeping in my car in my driveway. Did I break any laws?

    Posted: 10 Aug 2020 10:23 AM PDT

    Just as a disclaimer, this isn't a cop-hate post.

    A few nights ago, I pulled into my driveway after spending the night out. I was on the phone with someone and spent about an hour sitting in my car finishing the conversation. Before I knew it, I fell asleep in the front seat.

    I awoke to a PA state police officer knocking on the window with his flashlight. I was half awake, so I don't exactly remember everything that happened. But the officer yanked me out of the car, searched me, searched my car, and even after seeing my address on my license, informed me that I "can't just sleep wherever I wanted" and that he'd be "back around later and better not see me out here". He also called for a second unit and stated that I was lucky that I wasn't getting "brought in" that night.

    I wouldn't have had a problem if the officer was just doing a wellness check - I could've been overdosed or drunk and his job is to keep the public safe. But this all seemed rather excessive. Did I do anything illegal here?

    submitted by /u/MyUncleWorksAtReddit
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    Neighbor is building a fence through my driveway.

    Posted: 10 Aug 2020 06:11 PM PDT

    I was driving by one of my rental properties a few minutes ago and noticed the new neighbor that just bought the house next door is building a fence through my driveway. The house is over a hundred years old and i am guessing the driveway has always been there. There has to be some sort of easement to allow me to access my garage. I am in Iowa if that is needed.fence

    submitted by /u/northcaliman
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    My name was used by someone to get out of a ticket, now I have a warrant

    Posted: 10 Aug 2020 09:43 AM PDT

    Update: I have video court on Wednesday to at the very least get the active warrant removed. I'll explain to the judge the situation and if he chooses to proceed with the case I'll have to get a public defender. I can request the body cam footage on my own in case the prosecutor refuses to let me see it or review it with me. I was able to speak with an attorney who provided me with the address and time of the occurrence, I also have proof that I was at my job at the time when this incident happened.

    In Utah

    So this morning I woke up to a text message stating I had a warrant for my arrest with a picture of a court document. I contacted the court and was told that I do have a warrant for failure to maintain a single lane of travel, and the incident in question was a car wreck that happened January 11, 2020. I've had the same phone number for like 16 years so I'm assuming they found me on a Google search, and my old address (which is still on my license) is on the document.

    They told me the woman who was cited did not have a physical driver's license on her, and evidently gave the cops my name and DOB. I have the court attorney reviewing the case now and pulling body cam video, and told them when they're ready for me I'll be happy to go review the footage and try to identify who it was.

    My question is though, when this gets figured out is there any recourse I can take, like suing the person who used my name, or the police department since they just took her word for it when you'd think they would have compared my information to the name on the registration and insurance to the vehicle? I'm having massive amounts of anxiety over this and am currently unemployed job searching and don't want this to potentially affect any job prospects. I've never even had a speeding ticket let alone committed a crime and this is all very scary to me.

    I don't think they have my SSN, to my understanding cops here can pull info with name and DOB, I've checked my credit and haven't had any inquiries ot new accounts opened.

    submitted by /u/dementored
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    HOA Refusing to Comply with Sale

    Posted: 10 Aug 2020 12:58 PM PDT

    I'm under contract to sell my rental property (a condo) in North Carolina. The HOA board is down to just 1 person, the president, because the other board member just sold a couple weeks ago. There are only 8 units in the HOA.

    I'm completely paid up on HOA fees and assessments, no liens or anything.

    The president is not responding to email, and his voicemail is full, but the buyer's agent managed to get him on the phone. He yelled at her, saying he's a doctor and doesn't have time to sign whatever document needs to be signed.

    He has now been single handedly delaying the transaction for nearly 3 weeks. Today was supposed to be our closing date.

    What can we do to get it moving again? What can I do if my buyer bails as a result?

    Edit: I now have a copy of the document he's refusing to sign. It would literally take less than 5 minutes to fill out, and I know all the requested information (basic stuff like did the developer relinquish control of the HOA to the unit owners? Yes, this building was built in 1985, it's been awhile). It asks for the signature of "HOA representative". Does that actually need to be a member of the board of directors? Or can it just be some other HOA member?

    submitted by /u/trickyWolf99
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    Power company claims a $700 bill is accurate when the bills before and after are ~$100

    Posted: 10 Aug 2020 12:01 PM PDT

    For reference this is an apartment in California.

    My bill between May and June reports power usage worth $700 which appears as a constantly high usage for nearly two weeks. It's as if someone plugged in multiple AC units and left them running for multiple weeks without pause. They claim to have done multiple meter tests and that I was present for them (I was not). I followed their dispute process and they ended with: "The usage is accurate and not estimated, the bill stands and we cannot help." I filed a complaint with the UC but the power company echoed the same thing and the complaint was closed.

    The fact of the matter is nobody was home at the time of the usage increase start or end. There is a single AC unit in the apartment but it's been left physically disconnected for months as it does not function correctly, I even used it last month for multiple days and it hardly made a dent in the bill. I've lived in this apartment for years and have had the same appliances for even longer, nothing like this has happened before.

    My apartment's maintenance staff told me that another tenant was billed for an entirely different address at one point. This doesn't seem likely here as they continue claiming the meter is reporting exact usage.

    If I cannot dispute this any further with the power company or the UC what options do I have?

    submitted by /u/NotImplementedError
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    What if I’m not 18 when I mail in my ballot, but I am 18 on Election Day?

    Posted: 10 Aug 2020 01:23 PM PDT

    Since the USPS is slowing down mail, people are recommending that we mail in our ballots around October 20th or October 13th, so that they reach in time. What if someone's not old enough to vote (17) when they mail their ballot, but they are old enough (18) by Election Day? Does their vote still count if they post it when they're still 17?

    submitted by /u/AbleCancel
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    Apartment complex forcing internet/cable package

    Posted: 10 Aug 2020 03:24 AM PDT

    Have been living at this apartment complex for 6 months now. Currently we just have internet and no cable through spectrum (we just use Netflix, Hulu). Received a email the other day from our apartment that they signed an agreement with Spectrum for a bundled internet/cable package, and anyone who currently has Spectrum will automatically be enrolled in this package. Our bill will now come from our Apartment directly instead of through Spectrum.

    Are they allowed to just change our package? This would be more than double what we pay now. There is nothing in our lease regarding, and they did not request us to sign anything either for this change.

    Location: Cincinnati, OH

    Update: Thanks to all the advice! Emailed apartment manager citing that this bundle is not in our lease and we do not wish to participate. Our lease specifies that internet/cable TV utility is billed directly through provider. Response is that they will give us a credit on each bill so we do not pay more than current until our lease is up, but bill will still be handled by the apartment.

    Update 2: Apartment manager came by my unit to discuss renewing my lease; note my lease doesn't end for 6 months. On top of increasing my rent by 35% they also would require me to sign a "utilities addendum" to be applied to my current lease - aka the new cable package. We are in the process of buying a place and not planning to renew thank goodness.

    submitted by /u/thinkch3
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    A lady just damaged my passenger side door with her drivers side door. I was in my parked car when it happened, but she denied it and would not exchange insurance information. What should I do?

    Posted: 10 Aug 2020 07:15 PM PDT

    I was able to take a few limited pictures of each door and the spacing between our cars. After it happened, I reported it to my insurance company, and they found out she does have insurance through her plate number.

    But my insurance told me that if she chooses to not give a statement to them or lies (which she will) then I'll be stuck paying to get it fixed myself or going through Esurance and needing to pay the 1k deductible. The cabbage definitely isn't 1k, so either way I'm paying for it if her insurance doesn't.

    So my question is, is the anything I can do to help make sure this bullshit gets covered by her insurance? I already tried asking around and there was no video footage or witnesses (aside from her and I)

    submitted by /u/GildDigger
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    My child's preschool is making me sign a waiver saying that they are not responsible if anything should happen to my child in their care even if it's due to negligence. Is this right?

    Posted: 10 Aug 2020 09:44 AM PDT

    So my child's preschool is making me sign a waiver saying that they we can't hold them responsible if anything happens to my kid in their care. Does this seem ok?

    I, on behalf of myself and my child, and members of my immediate household, hereby release and agree to hold the school harmless from, and waive on myself and them, my heirs, and any personal representatives of any and all causes of action, claims, damages, demands, costs, expenses and compensation for damages or loss to myself my child and/or property that may be caused by any act, or failure to act of the school, or that may otherwise arise in any way in connection with any services received from the school. I understand that this release discharges the school, its employees, agents, volunteers from liability or claim that, I my child or any personal representative may have against the school with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services or activities received or sponsored by the school. This liability and release extends to the school with all of its employees, agents and/or volunteers.

    I'm a new parent and this seems a little extreme but wasn't sure if this type of waiver is normal. Considering that this waives all my rights for action even if they fuck up royally. Any advice would be greatly appreciated.

    submitted by /u/moonpotatoes
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    Legally, should a bartender in Oklahoma be paid minimum wage if they do not earn enough tips to match minimum wage?

    Posted: 10 Aug 2020 09:59 AM PDT

    A new restaurant opened and during the training period, the employees were paid less than minimum wage and were not tipped. Is this legal? If not, what is the appropriate way to address this with the employer?

    submitted by /u/TinyGlitterOwl
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    I can hear my new neighbor being abused. What do I do?

    Posted: 10 Aug 2020 09:05 AM PDT

    Our neighbors moved in one week ago and there has been loud fighting every night. I began documenting after what I heard last night. Here are my notes:

    8/10/20 Last night the man left around 9pm. We heard him shouting "damn it I'll be back by 11" angrily. Got into his car and sped off. Returned around 11:30pm. Arguing ensued. We could hear the woman shouting "don't hurt me" "leave me alone." Loud crashes, and the man taunting her "what are you gonna do about it? Huh? Huh?" Sudden silence just before midnight.

    I believe they have a baby or young child as I hear him/her cry sometimes. I want to call the police but what I read online said that contacting police can lead to the victim being hurt or the abuser retaliating against the victim. I contacted our office and they said they can cite them for a noise complaint but "unfortunately there's not much we can do." Here are some ideas but I don't know which is best:

    Should I call CPS because of the child? I know sometimes CPS can require an abuser to leave, but I also know that most domestic violence victims are murdered when the abuser's presence is threatened (like the victim leaving or the abuser being forced to leave.)

    I've also thought about bringing the woman cookies and maybe a note with resources on it, while I apologizing for intruding into her life but letting her know we can hear them and if she needs anything we're there.

    Please let me know what else can be done. I am very worried for this woman and the baby's safety. We are located in Charlotte, NC.

    Edit to add the police have already been there once this week. We are not in a bad neighborhood and police presence is not common.

    Edit: thanks for all the advice, I will start calling the police whenever I hear it and let them handle it as the general consensus seems to be that not calling is more dangerous than calling.

    submitted by /u/kissedfrogstillugly
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    Grandpa died yesterday, his wife is a “life tenant,” she refuses to let his children in the house to get any belongings.

    Posted: 10 Aug 2020 07:23 PM PDT

    Location: Texas

    My grandpa died yesterday and he's left everyone in a pickle and things are getting ugly. He's been married 4 times. His first wife is my grandmother, the second died, the third was annulled, and he leaves behind the fourth- who is a total witch. He owns a house that was purchased a year or so before she was in the picture. She sold her house and moved in with my grandpa. He paid all the bills and had everything relating to the property in his name. He was diagnosed with stage 4 cancer last year. She literally will ask him for a check if she even buys him a freaking toothbrush, or a hamburger... she can't buy her own husband a hamburger?! Anyways, my grandpa left his estate to his children (my mom and her 3 siblings) however- he has granted the wife the ability to live in the house for the remainder of her life, in the will it states she has to keep up the residence, pay the taxes, etc and once she either dies or abandons the property for x amount of time- the heirs will take over. My grandpa died literally yesterday and she won't even let his children in the house to get him a suit for the funeral.... or anything that he left to them in his will. My mom is the executor. We have lawyers but they haven't returned phone calls in over a week so of course, there's a lot of frustration and confusion on how to go about getting anything out of the house. I realize that she is the "life tenant" but is there really no way to be able to claim any of the property in the house until the will goes into probate court? Honestly, we think she will hide, sell, or destroy those items by then- some of it is expensive collectibles and some of it is just of sentimental value. Also- with her being a "life tenant" does that grant her full ownership until she dies? Does she have the ability to sell the house? What about his children, do they have no rights to the property until she dies? For example, can she change the locks? I appreciate any insight and advice that you guys may have as the language in the will is all very confusing.

    submitted by /u/aquamarine246
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    Dentist gave me something from a pyramid scheme and then charged for it?

    Posted: 10 Aug 2020 03:29 PM PDT

    This is sort of a weird situation but I'm rather annoyed about it so I wanted some advice to see if this is legal or ethical practice. A few weeks ago, I got a wisdom tooth removed. My dentist asked me "what flavor protein shake I would prefer if I could have a protein shake" and then brought me some Isagenix (pyramid scheme that I know his wife sells) protein powder and told me to drink two scoops twice a day to help my blood clot. No mention of this costing money or anything and didn't give me an option to take it, just gave it to me. I never even used it because I don't like protein shakes and it was only one tooth so I was fine eating solid food. I got the bill the other day and this dude charged me $42 dollars for this protein shake powder, which I'm sure he's benefiting from and giving to his wife! I feel like this has to be wrong in some way. EDIT: I am located in the US, Wisconsin specifically

    submitted by /u/traveler_mar
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    Neighbor posted No Parking signs along the public street in front of his house (CO)

    Posted: 10 Aug 2020 06:59 AM PDT

    A neighbor posted No Parking signs along the public street in front of his house. The signs are stuck in his lawn, and he obviously put them up himself. Its clear he doesn't want anyone parking in front of his house. But this is a public street. So I would assume he can't do that. (This is a nice suburban area, with sidewalks.)

    Questions: Can he do that? If I complain, who do I contact? What county department?

    This guy is a real jerk in all aspects, so I don't want to talk with him.

    Edit: In response to a comment, the signs look very official, like the ones one would normally see. He stuck them in his lawn, but he did a good job.

    Edit 2: removed redundant/unnecessary word.

    submitted by /u/BerryLocomotive
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    Our realtor provided us crucial information AFTER closing

    Posted: 10 Aug 2020 12:11 PM PDT

    This is in CT. I'll keep it short. We were buying a house. Our realtor told us the central air was serviced recently and was provided with receipts by other realtor. Fast forward to after closing only 5 days later, our AC ran out of freon due to a leak. $700 fix.

    She tried to blame other realtor/seller/repair company.

    She finally sent us the maintenance receipt 8 days after closing, which clearly states the system should be replaced. This was from May 2019! Not so recent. We had no idea.

    Do we have any recourse? Beyond the $700 immediate repair cost, we have had multiple repair companies say we need to replace, with quotes ranging from $10-$15k. We had no opportunity to act on this information prior to close. She mistakenly withheld information.

    Not to mention we just got hit badly by Storm Isaias costing us thousands of dollars in tree removal.

    submitted by /u/tariside
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    My (26f) cousin (18f) is pregnant and addicted to heroine.

    Posted: 10 Aug 2020 10:02 AM PDT

    (WV) My cousin and I used to be really really close. She would stay at my house all of the time, I would take her to concerts, we were more like sisters than we were cousins, but that is a thing of the past. When she turned 18 she met a man (29m) on the internet and moved in with him within 3 days of meeting him. He is addicted to heroine and got my cousin using. They live in a shack next to a creek. No water. No power. No toilet (they go in the creek, I guess). They've had to be given narcan multiple times for overdoses. Neither of them have jobs they live off what little my grandma gives them, and all that goes to drugs. I'm pretty sure my cousin is selling herself for drugs. Anyway, last night I found out she is pregnant. So I don't know what is going to happen. She is set on keeping the baby but legally the situation would be child abuse to put a kid in. Any ideas about what could possibly happen? Like will the doctors drug test her and get CPS involved?

    Tl;dr my drug addicted cousin is having a baby. God only knows what's going to happen, but it's not going to be good.

    Edited to add: she overdosed less than 2 weeks ago and was brought back with narcan. She's about 3 to 4 months pregnant.

    submitted by /u/Yessicahaircut91
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    Apartment complex charging $1600 for floor replacement with no proof of damage

    Posted: 10 Aug 2020 01:15 PM PDT

    Moved out and received a surprising $1600 bill from my apartment complex (San Diego, CA), citing they needed to fully replace the laminate flooring. I noticed no damage when I left the apartment—my ex remained in the unit for a month after I moved out and did not cause any further damage.

    When I asked for an explanation with photos, the complex manager said the floor needed to be fully replaced because of pet urine. She sent about two dozen photos from their post-move out walkthrough, conveniently NONE of the floor.

    Her response to me:

    "The photos of the damaged floors we discussed were taken by an employee who as of last Friday no longer works with (Redacted) Management. Unfortunately, I do not have those specific photos. However, just to reiterate, we did have two (2) maintenance personnel inspect the flooring, as well as, a 3rd party flooring specialist. They determined that it needed to be replaced due to the smell of urine and the edges curling due to excess moisture. Due to this being a costly expense we do not replace flooring unless absolutely necessary. "

    My dog was fully house-trained and did not have accidents on the floor—not to mention, the amount of urine that it would take to necessitate this kind of work goes beyond the occasional puppy accident. I wrote back saying that I was being dishonestly charged, she replied saying the complex would be happy to work out a payment plan.

    Can someone advise me as to what my rights are here? Anything I can scare her with? Thanks for your help.

    submitted by /u/van-diego
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    My company uses a reward point system, is this a loophole?

    Posted: 10 Aug 2020 07:36 PM PDT

    I work for a large company that uses a 3rd party service to trade points with other employees as a way of saying thanks to each other. Every quarter we get a few thousand points to send out to other people and you are able to cash those out for things like gift cards and dinky desk items. There is a new promotion that they are offering where you can trade 100 of your earned points for 200 points to send to other people. I guess they are banking on altruism but my coworkers and I are wondering if it's possible to be in trouble for sending the points in a circle to get unlimited gift cards essentially. If I convert 1k points into 2k and then send 2k to a coworker, they can spend 1k of their points to send 2k back, netting both of us 1k extra points out of thin air. Is this something legally bad for us or are we operating within the rules of the service? As far as we've tried there is no limit to how many times you can do this but obviously if this is something we can get sued for then we aren't going to cash these out. What's the deal, is this actually a working loophole promotion?

    The EULA is here https://www.kazoohr.com/eula

    submitted by /u/LoopholeThrowAway1
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    Employer docking pay for employees who choose to work from home

    Posted: 10 Aug 2020 08:05 PM PDT

    A friend of mine who works for an insurance company in Nebraska told me that her employer stated that they would dock pay for employees who choose to work from home during the pandemic instead of working in the office. Any advice for my friend? This seems like a very unwelcoming and troubling employer policy in the face of social distancing recommendations regarding COVID-19.

    submitted by /u/DijonDeLaPorte
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    Near tears and desperately needing advice regarding my PayPal account

    Posted: 10 Aug 2020 08:55 PM PDT

    OK. I had been wanting to wait to tell any of my friends and family until I had all of the pieces together. I've been speaking with several people (business/food/law) to finally take a step into starting my own business making food for people. I had plans to sell my car to my business for strictly biz use and get myself a more reliable car. All of it has been in order and getting closer to making it happen.

    With my back pay from nearly 4 months of unemployment, I have about 12K in my PayPal account, which is the only form of banking that I use. With urging from my brother, I applied for and received a loan from the SBA for 26K. As soon as that money was deposited into my account, they flagged it and decided I might be doing something illegal or questionable, so my account was restricted. I submitted all the requested documents. Twice. As well as having spoken to them on the phone, twice. Late last night, I received an email that they have decided to "part ways" with me but will be holding ALL 38K of MY money for a period of 180 days.

    I talked with a supervisor again this morning and she took a little more information and sent it back for a third review. I'm keeping my fingers crossed, but the way she put it, it sounds incredibly unlikely that they'll find in my favor. Which means, EVERY CENT I HAVE TO MY NAME will be held from me for 6 months. I could get a lawyer involved, but I can't access my money to pay them, nor do I feel I should even need an attorney to gain access to MY money. Even still, it sounds like if they decide against me with no actual reasonable cause, a lawyer won't even be able to get my money back.

    I FINALLY take a step toward doing something I love and I'm hamstrung and dragged back 7 steps.

    I can't begin anything for my business. I can't repair my car. I can't get a new car. I can't do a damn thing and I've been on the edge of crying for nearly 24 hours.

    I'm trying to stay positive, but the way it was described, I highly doubt a lawyer will be able to do anything. And even if they can, it'll still take months to get anywhere. It's my fuckin money! I even suggested that they could separate the sba deposit and put a hold on that, but nope. It's EVERYTHING. Every cent of MY MONEY. No fixing my car or buying a new one. I changed my unemployment to a different prepaid card but that change may take a few weeks to take effect, leaving me with nothing at all. I'm just so disheartened that I finally took this step, nervous as I was about it, and this bull is setting me back another several steps.

    I can't admit this to anyone close to me, but despite setback after setback, I've never in my life considered anything as drastic as suicide, but this situation is really testing my resolve.

    Any advice would be so hugely appreciated. TIA.

    • IWontCryIWontCryIWontCry
    submitted by /u/OscarInKC
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    If a someone [39 weeks pregnant, just sentenced to 36 months] wants to keep the baby with her in a prison nursery can the father deny her if he has no criminal / arrest record and wants 100% full custody or does she get the final say? Location: Ohio

    Posted: 10 Aug 2020 02:09 PM PDT

    My husband’s ID number and name + address are being used illegally. Please offer advice.

    Posted: 10 Aug 2020 07:29 PM PDT

    We just received a letter in the mail from the DMV stating that my husband has 2 counts on his license that happened in 3/2019 and 4/2019 and they also showed the court dates.

    The letter also states he has to pay some drive responsibility thing to keep his license active or it will be suspended.

    The thing is— HE DOESN'T DRIVE. He doesn't own a car, he's never driven a car, and has never even taken a driver's test.

    Yet, this DMV paper has his full name, his ID number, and address. We are really worried and will be filing a police report tomorrow but do you have any other advice?

    How else can we fight this? His license doesn't even have driver's in it. It just says identification card.

    submitted by /u/etherealenchantress
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    Can my sexual abuser still be charged 8 years after the crime? (I was under age of consent)

    Posted: 10 Aug 2020 07:10 PM PDT

    STATE OF OHIO.. Recently I have come out publically about my family member who is prominent in the community and sexually abused me when I was a minor. He was in his 50s and I was 15. Unexpectedly I am now being contacted by the sheriffs department, I really thought that a crime being almost 10 years ago could not be charged.

    The adults i told back then after the crime happened, told me they would call CPS and never did and so the whole crime got swept under the rug.

    So what happens? Like if I decide to press charges? Does he go to prison? Do I get some sort of compensation or something? I'm just really unsure of how this works.

    submitted by /u/marshamatdh
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    My Landlord told me via text that her son be using my rented room. Can I get my rent money back for this month then?

    Posted: 10 Aug 2020 10:39 AM PDT

    Before I start, I rent a room at my landlords home (shared kitchen, living room etc). Also there is no lock in my rental room, meaning the landlord has a ccess to it anytime.

    So I told her at the beginning of this month that I will be moving out (in August). So I asked if I can just pay half the rent (because I only stayed there only two days of the month) She immediately said no, because i didn't give her a month notice, which was my fault; so no problem there.

    So I did pay for the full month of August so i'm technically still renting until end of August. I had already moved all my belongings to a new place (so that room is empty) and I get a text message from my landlord that she wants my fob/keys now because her son will be using my rental room.

    Is this allowed? I technically am still renting her place until end of the month and I don't think it's right for the landlord to do this. Can I file a dispute to the tenancy branch and get money back? (The only evidence I have is the message so far; Is this enough evidence for the dispute to succeed? But i can also go back to her home and take pictures if her son is using my room or not )

    Thanks for the help!

    UPDATE: I went to check my room if anyone has been in and out. Turns out that they have been inside the room to clean up or something without notice. i took some photos. Can this be used to get some refund or take to small claims court or whatever you call it?

    submitted by /u/fboi1111
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