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    Wednesday, November 18, 2020

    Legal Advice - An off duty police officer found my information using my license plate. Then proceeded to hunt me down on facebook. This is illegal right?

    Legal Advice - An off duty police officer found my information using my license plate. Then proceeded to hunt me down on facebook. This is illegal right?


    An off duty police officer found my information using my license plate. Then proceeded to hunt me down on facebook. This is illegal right?

    Posted: 18 Nov 2020 05:57 PM PST

    So I work for the city assessor taking photographs of homes strictly for property records. To preface this situation the homeowners received a letter in the mail mid October stating that someone will be on your property taking 2 photographs of the exterior of the house, they will knock or ring the doorbell first and if there is no answer then proceed to take the photographs. If the homeowner had any problems they would call.

    Anyways, that leads us to today when I received a message through Facebook from a stranger asking "Is there any reason you would be walking around taking pictures of homes?". Immediately I was shocked and also concerned because I had no idea who this was and how they found my name. I told them I work for the city and gave them a number to call if they had any issues, also stating that I am uncomfortable with them reaching out to me in this way and that they should've contacted the authorities first before hunting me down on Facebook. I am guessing a neighbor got my license plate and told them that I was there taking photographs of their house.

    Anyways, I did some digging and found out they are a police officer for a district near where I live. I told my friends about this and one of them told me that this is very illegal.

    Is this correct? Also what should I do about this? To me, the way they reached out is very intimidating and unprofessional and really not okay.

    Any info would help.

    Thank you.

    Edit: I live in the US. WI, specifically.

    submitted by /u/slumpedbygod
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    Fiberglass bed cover ruined thousands of dollars of stuff in my house

    Posted: 18 Nov 2020 01:35 PM PST

    I'm in Utah.

    I bought a mattress through a popular retailer here almost 2 years ago. Probably the most comfortable bed I've ever slept in, but that could just be that we moved here with no furniture and slept on the ground for a few months.

    Our lease ends in January and I'm taking every step I can to get my security deposit back from our apartment complex. Thankfully its in pretty decent condition after 2 years, so I wasn't too worried until this morning.

    Yesterday we took out all our clothes, bedding, couch cushion covers and started washing everything to pack away. The first thing we washed was our bed cover, and it turns out the inner layer surrounding the memory foam is a fiberglass blend (the inner layer does not have a zipper, and does not come off. We washed the outer layer). I don't think companies are required to disclose this or put it on tags, but in case it matters, neither of those things happened.

    This morning I woke up suffocating. I panicked, ran to the kitchen to get some water, and hacked my lungs out for 10-15 minutes. My fiance woke up with a rash, and I had a small one too.

    There's fiberglass EVERYWHERE.

    I can't sit on the furniture in my house or wear any of the clothes we had in laundry piles without immediately getting itchy. We can't shower without drying off with paper towels, because our towels are also covered. We're going to try and wash one set of clothes a bunch of times as a control group to see if it'll help, but we're freaking out. We can't renew our lease here, and we can't afford to replace half our belongings before moving to a new place, let alone any cleaning costs for getting fiberglass out of an apartment.

    I looked for a website and support number, but neither exist. I found the company that manufactures the mattresses, and the company that imports them for sale at retailers in Utah (separate companies) but everybody I talk to seems to think there's no fiberglass in mattress covers. I hadn't heard of it either, and I feel like a dick but I had a nasty argument with the fiance about it too, so I googled it and its not uncommon. She was right (she's making me write that, but she was right)

    This is a patent description that I found

    Here's a news article

    My main question is where can I find somebody to light a fire under the company? I haven't gotten any responses, except for from their facebook page, which contained emojis so I don't think I'm being taken seriously.

    Edit: Here's the conversation with the mattress company

    And here's a conversation with the Director of the importing company and the CEO of the B2B wholesaler (Same guy, two different companies)

    Also, I've gotten a few messages telling me to "not tell management." I would feel shitty about leaving this problem for someone else, especially since my complex is considered a "convalescence home" (55+ community, except for a handful of units. There are talks that this will become an assisted living facility at some point soon)

    Also 2 - electric boogaloo: Sorry to the mods, I can barely dress myself and I'm not 100% sure what rules there are besides location

    Edit 3: We're trying to find a hotel for the night, if they don't have free wifi I won't be able to respond

    submitted by /u/motorcycle-andy
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    Employer changed offered salary my first day in the office...

    Posted: 18 Nov 2020 04:01 PM PST

    I recently started at a job in Washington state with a large community mental health organization. In my offer letter they noted my start date and the hourly, biweekly, and annual salary.

    Monday was my first official day on the job (I participated in online orientation the week prior) and I received a phone call from HR informing me that my salary would actually be 15-20% lower than what was written on the job offer I signed when I accepted the job.

    There is a wee bit of complexity in that I work a school-year schedule but am on payroll as a FTE. So since I started after the beginning of the school year, I am supposed to receive a "pro-rated" salary, less than I would get if I started the first day of the school year. This was noted in the offer. They even created a table showing the days I would be working within the year. However, the math in their table resulted in the biweekly and annual salary that matched the offer listed at the top page of my job description.

    Essentially, they messed up their math. I did not double check their math. For context, we're talking a difference of under 10k here but, being a mental health worker that is a significant part of the income I was depending on.

    Do I have any legal ground to stand on here? I quit a job I was working and ended an interview process with a different company to take this job. It seems like a breach of contract, right?

    I appreciate any advice or help that can be offered. Thank you!

    submitted by /u/Expensive_Kitchen_97
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    My landlord is not marketing my unit although I have already vacated in a early termination and am still paying a marketing fee + rent. Is this legal grounds to take action and stop paying rent for a place I am no longer occupying?

    Posted: 18 Nov 2020 11:39 AM PST

    I broke my lease early due to Covid, so I vacated the unit and the landlord has verified via email that there are no damages to the property. There is a clause in my lease where sublets are not allowed and I am responsible for rent until the unit is rented out to someone else. They also tacked on a marketing fee on top of the normal rent payment that they say will be used to market this unit.

    I called anonymously today and asked for all the available units on the property, and they did not mention/market my open unit at all. If I get a recording of this phone conversation and email confirmation from the property management company saying they are marketing my unit, would that be legally satisfactory to prove they are not holding up their end of the deal? It seems like they are trying to screw me over by keeping me responsible for the rent until my term expires.

    I'd be happy to add more detail to clarify things. Thanks!

    submitted by /u/PoggersPogChampion
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    Can my landlord ban all alternative heat sources?

    Posted: 18 Nov 2020 01:04 AM PST

    So my rent includes all utilities, this includes my electric heat. They use remote smart thermostats to control the heat from a distance. The Max they are giving me is above legal minimums but still by no means comfortable. Because they include the electric, space heaters are out but they also told me I'm not allowed any additional sources of heat so propane or kerosene space heaters are also not allowed. Can they monopolize my heat like this? They told me they are willing to give me 2 extra degrees as a trial and will raise my rent for any increase in electricity. I know this is a con because this time last year, the apartment was vacant so ANY heat will be an increase from a year ago.

    All I want is to be comfortable in my home without paying astronomical amounts of money for a few more degrees to be comfortable.

    Before anyone says "how would they know?" These thermostats send them a text if the temps go above the set limit.

    I just want to know if this is legal

    State: pa


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    Restaurant boss convinced co-worker not to receive medical attention. Tried to prevent me from rendering aid. And fired me for my attempts to help co-worker seek medical attention. Is their recourse? I do not want that boss doing that again.

    Posted: 18 Nov 2020 01:55 PM PST

    location: North Carolina

    My job was at a restaurant. The other day, my co-worker got a harsh chemical in their eye. Myself and another cook tried to help her wash her eye out with faucet water. (I have my current, active EMT and I'm about to return to school for more training. The owner knows I have my certification and experience.) We have no eye first aid items, however, so a sink was the best option. The other cook called the owner to come.

    After about 15 minutes the owner arrives, looks at me and shakes her head in frustration, and tells me immediately to go back to work. I return to my station but after 5 minutes, I ask again about the injured person. My boss sternly says, "She's fine, go back to work." Finally, I go out back to find my co-worker sitting in her car. She tells me her eye feels somewhat better but it still burns. It's also red and swollen. I explain to her that this is not a good sign and I really recommend going to the urgent care to receive proper treatment. She is unsure but it sounds like she is willing to go.

    We walk into the store and I tell the boss my co-worker needs to go to the urgent care. She tells me to go back up front right now, that she doesn't pay me to treat my co-workers, and my only concern should be serving food. I tell her I refuse to go back up front until my co-worker is ok. The boss then tries to convince my co-worker she does not need help. This is when I clock out, come back, and ask my co-worker to please come with me, I'll take her to urgent care. My co-worker is scared and says no. Then my boss tells me to leave the premises or she will call the police.

    Is there any recourse here? I don't want that boss preventing future employees from seeking care. I don't want that boss to scare or convince people they will just be ok when they should be seeing a doctor.

    submitted by /u/TheKirkendall
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    Can I post a recorded phone conversation after a business told me to kill myself? [UT]

    Posted: 18 Nov 2020 04:24 PM PST

    Long story short, left a bad review for a car dealer after they sold me a lemon. I tried to contact the dealership a bunch of times and he never answered my calls and kept avoiding me after I tried to get help with some repairs afterward. Cut to today and I'm having an issue with my water pump so I try and call the dealership to get a service receipt and he abuses me and tells me to kill myself multiple times over the call.

    I recorded half the conversation after he started to swear at me, but did not ask for his consent. Will I get in trouble for libel or something similar if I post the conversation on here or Facebook? I really don't want to deal with any legal battles or anything like that.

    submitted by /u/StupidTerrorism
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    My Dealership RePo'd my car and now they want $1800 for me to get it back

    Posted: 18 Nov 2020 05:58 PM PST

    So I purchased my car on October 4th 2019 in Copperas Cove TX, and I had it for almost a year until on September 3rd of this year, my neighbor knocked on my door and said someone was towing my car. I went down to see what was happening and sure enough there's a guy with my car on his tow truck. I asked him why he was here because I make my payments on time for the car lease and the insurance. He said he was just told by my dealership to come pick it up, he wouldn't tell me why. So then after he tows my car away I called my dealership and in a rage asked them why they towed my car. They said that I don't have any car insurance on file with them, and I said that's not true because my car has had insurance since the day I bought it. I've never not had insurance, and then they said to me that they tried to call me about it (which isn't true) and since I never contacted them back they just sent someone out to come repossess it. So after proving to them I did have insurance on the car, they basically said "oh sorry not sorry we'll give you your car back but first you need to give us a car payment ($280) plus another $300 for the towing fee." I wanted to seriously kill this bitch because I'm not paying $680 for their mistake. They shouldn't have even taken my car in the first place, but since I can't be without a car I had to gather as much money as I could to get it back. So I had to wait til my next payday and I also took out a loan because even my paycheck wasn't enough. Now here's where it gets really infuriating, they now want me to pay a total of $1800 because of storage fees. I don't have that kind of money. Is there anything I can possibly do to get my car back? Or should I just not bother and go get a new one. I've been back and forth with them on this since like I said September 3rd.

    submitted by /u/Bitch_i_eat_people2
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    TikTok username stolen by a big corporation, what rights do I have?

    Posted: 18 Nov 2020 09:22 PM PST

    I had a TikTok account with the username @trademarknameofthecompany with a profile display name that's completely irrelevant to the company and i've posted tiktoks that have nothing to do with the company or their products.

    Last month, i received a random DM from someone from the company asking to trade my username with a low amount gift card. I responded with a counter offer of an absurd numeric number (with no currency, type of what the number is referring to or anything mentioned) and basically meant 'haha no thank you'. Never got a response back.

    Today I noticed that my username got changed to a randomly generated one and the username i used to have is now linked to that company's verified account.

    I've reached out to TikTok support asking for the username back but haven't gotten a response yet. I briefly skimmed through TikTok's IP policy and don't believe i'm violating any of the terms since i'm not impersonating the company.

    What rights do I have in this situation?

    submitted by /u/beaglepup101
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    My university broke my confidentiality agreement

    Posted: 18 Nov 2020 06:15 PM PST

    Throw away for obvious reasons.

    I go to a mid-American (more on the East) side University.

    During my freshmen and second year I was seeing a counsellor provided by the school for therapy. During my therapy sessions with this counsellor I told "Jennifer" a lot personal information that I didn't open up to anyone else about prior. She helped me cope with a lot of childhood trauma.

    Near the middle of my sophomore year, my university let me know that Jennifer no longer worked for the school with little information provided. A few weeks later I was notified that Jennifer had disclosed what had been discussed during our meetings to other university staff and non university staff, along with my personal information.

    My school did not disclose further details. They expressed their sympathies for how I might feel, yet they cannot tell me more.

    Is there anything legally I can / should do? Anything to even point me in the right direction would be a great help. Thank you.

    *Further information, I am now in my junior year at the same school still

    TLDR: My school provided therapist leaked 2 years of sessions to both university and non university staff without my consent along with my personal information

    ETA: I'm not sure if she was fired or just left

    submitted by /u/Legal_Advice_CA
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    Someone from the city came by requesting an easement

    Posted: 18 Nov 2020 07:11 AM PST

    A few months ago a construction company placed a water pipe in my yard. They also knocked down several of my large trees in my tree line that starts about 30 feet from the center of the road which made my home a lot less private. I was not told that they would be removing my trees and they did not remove any of my neighbors trees where they were installing the pipe. It appears that they negligently drove an excavator into my trees. I couldn't find any evidence of an easement or any clear literature explaining right of way in my county, or get ahold of the specific contractor that did the damage so I just decided to let it go.

    My neighborhood is zoned county, but is surrounded by city limits. A developer bought 17 acres across the street from me and is building a 64 unit cookie cutter neighborhood and the 17 acre lot was annexed by the city as part of the project approval.

    Yesterday I received a call from a woman claiming to be with the city asking for an easement on my property for "an electrical project". She left me with the paper work and it mentions a 10' easement totaling 2600 sf for sewer, water and electrical. And the compensation amount for the easement is only 1$. It doesn't say specifically what they're going to do, but I think they're going to put in a sewer line in addition to the water line that was laid a few months ago and a gigantic transfer box to supply the new neighborhood across the street with power. My home is supplied by power from an electric co op, and not the city.

    Now given this paperwork mentions water in addition to sewer and electrical I'm thinking this proves they had no right to install the water pipe in my yard a few months ago and seems like they are looking for me to retroactively approve its install in addition to the other utility components they want to install in my yard. It seems pretty unreasonable that I'm expected to bear the burden for all the utilities for this developers project for $1.

    Is it typical to be offered 1$ for an easement? Do I need to hire an attorney and if so what kind of attorney should I look for?

    South Carolina

    submitted by /u/goodneighbor2
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    Little brother dead in car accident, girlfriend didn’t get tested but was drinking

    Posted: 18 Nov 2020 06:58 PM PST

    Hi, my little brother passed in a car accident with his wife driving and when it happened the cop said she didn't have grounds to blood test even though open liquor was in the car because she didn't smell it and social distancing. My brothers wife got out with no injuries and it's obvious the crash had something to do with liquor. What course of action can I take? She is ignoring my whole family and we are devastated cause the police said they can't do anything. I'm going to fight as hard as I can for him. Anything helps. Thanks.

    submitted by /u/LoyalToThePaper
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    Apartment manager refusing to take care of mold issue (TX)

    Posted: 18 Nov 2020 07:45 PM PST

    Guys. I'm desperate. Please help. My wife and I JUST got married and we're being held hostage to our lease by a batshit crazy manager. Literally, her entire staff quit overnight because of how insane she is.

    First, we noticed mold growing in our shower vent. We put a formal request to take care of it and they sent someone in to PAINT OVER IT. Next, we submitted another request while we would be gone on our honeymoon. When we came back, we found that they had scraped up all of the mold and left it.

    After this happened, we started coughing throughout the night and couldn't sleep or stay in our apartment at all. We sent ANOTHER request and it was ignored. It has now been a month and a half with us couch surfing and being allowed to sleep at our places of work.

    The apartment manager said if we left, we would have to pay a reletting fee, if not the entire amount left on the lease, which is about six months.

    Most recently, she had someone come in to test for mold in different apartments and said the results were that it's just dust, so she doesn't have to do anything or share the results.

    I sent pictures of the vents to a licensed mold expert and they said it was 100% mold. To test it, however, we would have to pay $550. We can't afford that. We're young, poor, and we just want out of here to live life together. We can't afford a lawyer and we can't stay here. She says that legally we can't stop paying rent and we can't talk to other tenants.

    She says our options are to wait for her to fix it, and that legally she has a reasonable amount of time to take care of any issue, which could take a long time, move to another unit, or for us to break lease and pay over $1300 in reletting fees.

    We're so lost and devastated. Please PLEASE help.

    submitted by /u/cowpandas
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    Jeweler replaced diamond in resized engagement ring, any recourse?

    Posted: 18 Nov 2020 02:19 PM PST

    EDIT: Title should be "Jeweler cracked/replaced diamond during resizing of engagement ring"

    I had a purchased an engagement ring a few weeks ago from a trusted jeweler that knocked it out of the park. The ring was gorgeous, however he was an hour and a half away after asking the question (Sunday) and we wanted to get the ring resized ASAP. I asked for some recommendations, however the jeweler prefers not to work with jewelers in my area and said to try to find a 1 hour or in person resizing where possible. The only things I found was either ridiculously expensive or $40 overnight.

    I chose the overnight option. Dropped off the ring Monday and everything seemed fine. Went and picked it up on Tuesday and immediately something didn't feel right with the jeweler. He didn't want to test the stones, had my fiance try on the ring and then had us pay and leave. We get home and start to take pictures, and before, when you had the stone under bright white light the stones would sparkle. This time in the primary stone, I see a mark that wasn't there and what looks like chipping on the side. This jeweler is down the street from me so I bring it back in saying something is wrong and there is a crack in the stone. He states it's inside the stone, I know it's not and I can feel it with my fingernail. The guy won't budge.

    I get fed up and am on the phone with my personal jeweler the whole time and my fiance is infuriated as well. There is no point in arguing with this guy anymore and he is speaking broken english and having me work through his daughter over the phone and I just want my resizing fee back.

    I took the ring to my jeweler again this morning, now Wednesday, and he looks at it with a fine tooth comb and says for sure 1) The diamond is cracked and 2) the prongs were not set the way he had set them (he said he has a very specific method of doing this and they were moved) so he said either A) The guy had tried to take the stone out and replace it and in doing so, cracked it or B) replaced my diamond with a cracked one, or C) Is just a plain bad jeweler and cracked the stone doing a simple band resize.

    I know the jewelry industry is riddled with sketchy and unregulated processes but I would have thought that has gone away in these days. Guess not.

    I know that I probably don't have much recourse for this jeweler but I'm waiting to hear the final diagnosis from my jeweler to file a complaint with the BBB and leave some poor reviews. I thought about filing a complaint with the city's chamber of commerce as well if that might do anything. I was told filing a police report or going the legal route would be a long, expensive battle for not much benefit.

    submitted by /u/koecerion
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    My employer check bounced and I got fee from the bank because of it, can I ask my employer reimburse me for the fee?

    Posted: 18 Nov 2020 05:28 PM PST

    Hi, so last night I found out that my check bounced after a week and my bank fined me for bad check. So I will ask for a new check from my boss and can I also ask for the fee caused by the bad check? I'm in Philadelphia, PA.

    Thank you in advance

    submitted by /u/Tsukituki
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    Can our employer take ALL of our tips from online orders?

    Posted: 18 Nov 2020 12:09 PM PST

    My coworkers and I, who work at a local sandwich shop in Michigan, receive tips from in-person orders (either from physical cash or a button on the register for card payment tips). The first red flag I noticed was that the owner - who does make the sandwiches with us - takes a share of the tips as well. This bothers me, but I can look past that cause I still make decent tips.

    The problem is that my coworker and I discovered a couple weeks ago that our online pick-up orders also have a tip button where customers can "add a tip for the [name of business] team", but when we added up the gratuity in the register we realized that none of these online orders were being included in that number - at the end of the day we realized that the online order tips would actually total more than our in-person tips, but we are receiving none of it.

    We brought it up to our boss and he tried to deflect blame to his accountant, but he was the one who added the tip option to the online orders, so regardless of whether or not it was intentional, he has been having our tips directed into the company's bank account. He has yet to correct the situation, so my coworkers and I are going to meet with him to present him with an ultimatum: either get all of the money to us that we are entitled to or we all quit at once.

    What is the legality of what our boss is doing to us? Has he broken any laws? Surely this isn't legal but I want to know what recourse we have.

    submitted by /u/fitzellforce
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    Neighbors Removed Property Marker - Georgia

    Posted: 18 Nov 2020 08:11 PM PST

    I hope this is the right place to post this! I am unsure of what to do and if I can do anything. Sorry that this long, just wanted to everything concerning this!

    We brought our home and had a fence installed. Prior to the installation we had our property surveyed and staked. The fence does not extend the entire length of property, my husband does go on the outside of the fence and maintains that space. (Issue #1)However, there is a mid sized section, the shape of a triangle, possibly 30-40 ft in length and about 5-6 feet wide (my math may be off) that our neighbors pulled up and removed the landmarker.

    Prior to our home being built, the neighbors behind us had breached their property line (I guess they didn't care?) and had been gardening over halfway into what is now our backyard. We have the bigger yard, and their yard space was diminished by almost 90% (definitely upsetting) but they had to know their back yard space when they brought their home. We were cordial and allowed them to retrieve their plants, at least the ones they wanted and they watched us remove their trash.

    Yes, trash from gardening.

    Yes, they literally stood on their back porch and one by one (13 adults) watched us. We were under the impression it was a family of 4 or 5, not 13 as the other adults do not leave the house and do not speak English.

    I should mention that their second story window overlooks our backyard and while I can't do anything about that, I know that they are watching us, just as they have done in the past. My questions about how to proceed, given the information below, follows.

    And then the true nightmare began. We didn't know how obsessed they were with us until the fence was installed.

    The land marker they moved was of course on our property. I see that they moved it under the impression that we wouldn't go back there with the weather changing (they left it up all summer) to sit under the trees that line the opposite side of our fence, which isn't our property. We don't mind them sitting there, but we mind our property being removed.

    (Issue #2)The neighbors watch us every opportunity they get. If I go into my backyard and go inside my home, they are then outside within 10 seconds. This happens EVERY.SINGLE. TIME. They aren't friendly, they never speak to us. Over the summer the neighbors would also come and stand in front of our home and watch us. Yes, just stand in front of our home, not saying anything, just watching us and we have them on camera. Once they noticed our irritation with them, they started bringing their children in front of our home to play but they would be watching us.

    They live behind us, off center, on a totally different street and you would have to make about 5 turns just to get to our home from theirs. There are no parks near us and we live at a dead end. They were literally standing in front of our home.

    We finally had words with them after the fence was installed. I told them that if I saw them in front of my house, passing through my yard (which is one of the reasons we put the fence up and to have some privacy of course (jokes on us) or doing anything else on our property, that I would call the police. In short they stopped coming to the front of our home and stopped walking along the sides of the house.

    When the homeowner was confronted she attempted to run the "we don't speak english" card and their plea for my ignorance (they wanted me to name the relatives that never spoke to us before they admitted that they were watching us). To their surprise, I showed them the camera footage of their relatives and her english quickly returned (I'm not trying to be rude but that's what happened) and the homeowner quickly issued apologies. Along with her apologies, she shared that everyone in their home had been looking through our back windows. At the end of the conversation I also told them that when I call the police I would give them the footage so that they could see what they were doing.

    We see them sparingly but we know that they are still obsessed with us and we can see that through their behavior of having to come out every time we are out or right after. Its been stressful and we don't enjoy our home because of their behavior.

    We do not open the blinds on the backside of our house because of them.

    We are going to sell the house in 3 years time.

    My questions are:

    1. Is there anything that I can do?

    2. Should, or do I need a lawyer to let them know that they cannot remove items from our property? And if I get one, what should I expect? What kind of lawyer would best be suited for this?They understand we don't want to be bothered with them but they are sneaky and watching us constantly.

    3. I am considering making and ordering a sign that says "The removal, damages, or trespassing will result in police and court action." And putting it on the replacement marker. Is this a good or bad idea? I think they have a fear of the police being called to their home so they have diminished their behavior but still engage in their watchful behavior from inside their home.

    4. Would our neighbors behavior be considered harassment?

    5. I dont think they would plant anything on the land where they removed the marker, its more irritating than anything because it was on our property and we wouldn't remove anything off of anyone else's property. Am I overreacting to such a small piece of land? Should I just let it go? When my husband goes to the back of the fence to maintain it, they run off into the house.

    6. Is there anyway to get them to tone down their obsessive/harassing behavior?

    7. If we plan on selling our home, is it worth the fight that could come with getting a lawyer (in your opinion of course)? 3 years feels like an 20 years when you dont enjoy your home!

    submitted by /u/wimpygrad98
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    Constant harassments from neighbor (Alberta, Canada)

    Posted: 18 Nov 2020 07:27 AM PST

    Hi All,

    Looking for some legal advice here. I've been living in my apartment building for nearly 2 years. Moved in Jan 2018 to the 1st floor of the building and then upgraded into a 2 bedroom apartment from a 1 bedroom in March 2019. The building has issues during this time with security but it's usually dealt with very quickly. I live downtown Calgary and a couple blocks from the only safe injection site in the city so it's expected. All the issues with that were largely on the 1st floor and I have lived a quiet and peaceful existence in the new apartment.

    Now fast forward to September and I start getting a TON of noise complaints from the girl downstairs.

    • Mid September she came to my apartment at around 5 PM while my dog sitter was here and complained he was being too loud while working out. She told him she doesn't want to get the building involved but wanted him to be quiet.
    • The police were called again two weeks later while I was sleeping with a noise complaint. The officer apologized for waking me and said he would speak with the tenant and advise her that she cannot call when there is no noise.
    • the following Saturday the police were called and arrived at my house at 10:23 PM. They had been called at 9:47 PM with a noise complaint. At the time myself and a friend were talking in my kitchen while I was knitting. The police explained they would not be attending any further noise complaints made by the tenant and would recommend she make any future complaints directly to the building as they had a log from the previous call made from here where there was no noise (three noise complaints that when they arrive no-one was even home). This officer also explained he had stood outside my door for a couple minutes and couldn't hear us. This was in total the 5th noise complaint Calgary police had received on my apartment.
    • On the Thursday I came home at 11:10 PM having attended an event hosted by another tenant in the party room of our lobby. My friend and I were again standing in the kitchen talking prior to going to bed and feeding my dog peanuts. We got a knock on the door about 20 minutes later from the security team. At this time my dog heard them approaching the door and barked. Security informed me there was a noise complaint again.
    • Nov 7 I received a noise complaint that my dog was barking from 8 am to 1 PM. At this point I was home and there was no noise, I discovered there was another dog barking in the building and explained this to security. Additionally I went over to my neighbor across the hall and asked if my dog has ever barked for hours at a time. She said no. She did say there were two events in the previous week where my dog barked for a couple minutes but it was because there was someone in the hall outside my apartment during that time. I later found out that it was the downstairs complaint queen who was outside my door recording my dog barking as evidence.
    • We've received to date three additional noise complaints about my dog (one of those he was at doggy daycare).
    • Last night no-one was at my house and we received a noise complaint about someone moving furniture in my apartment.

    I quite honestly want to know what I should be doing legally to protect myself at this point. Can I legally ask to have my lease ended? Can I pursue any legal action here? No-one from this buildings management team has reached out even though I have repeatedly asked for them to follow up with me and her. I even suggested we all sit down with them mediating so we can get this sorted.

    Thanks for any advice you can give!

    UPDATE: Last night we got a noise complaint when no-one was even home. My partner came home at about 10:15 PM brushed his teeth and went to bed. I was up at a neighbors on the 11th floor with the dog and security came round to my place at about 10:45 PM and had to bang on the door and wake up my partner just to deliver the noise complaint.

    Anyway I talked to the Calgary police today and they said if she makes another noise complaint then I should request a copy of the noise complaints from the building manager, print out the emails of me asking for resolution, and come in and they can look and see if I have grounds to file charges for harassment. Additionally the Tenancy board and I had a lovely chat today and they explained that if I get anymore complaints I can file a dispute with them and the tenant, property owner, and I will all go to court. At that point the judge would either evict us both, evict one of us, or find some other resolution.

    I don't really want to go through the police angle because she'd have a criminal record. I did however go and speak with the building manager and explain these options to her. She escalated the situation to the company's legal team to find out what their options are. I also asked to building manager to kindly pass on the message to the tenant that she could face eviction or a criminal record if this happens again.

    She also let it slip that the girl has made complaints about ALL her neighbors and that they invested the noise complaints by speaking with my neighbors as well who all confirmed that there is no justifiable noise coming from my apartment to complain about. She also used to have a room mate that recently moved out because they couldn't get along.

    So basically we will wait and see what happens but I'm pretty done with this. Thanks the comments guys.

    submitted by /u/v_waye
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    [INDIANA] Landlord refuses to send utility bills, decides mid-lease to allow one tenant to not pay utilities

    Posted: 18 Nov 2020 08:07 PM PST

    Hi everyone

    I will try to keep this post as short as I can, though I know I will meander at some point. Relevant info at the bottom of this post.

    Landlord basically refused to send us the bills for our utility payments, which are in their name. They would just charge the 3 tenants by sending an email that says "pay x amount". One of the other tenants ended up having to cancel their plans, and so never moved in after having signed a lease. All of us have paid rent according to our leases (separate leases) and have each paid 1/3 of the utilities so far. We did this for a few months until we realized some shady stuff was going on with our internet plan. We had been asking to see the actual utility bills from the very beginning, and never got any, so we became concerned. The roommate who never moved in has not been involved in any of these conversations since they decided to not move in.

    We (the roommate who was living in the house, and I) asked LL forcefully (and a little rudely because they'd been a dick so far) to send us the internet bills for the previous 4 months. LL got super angry, and decided that the tenant who never moved in would no longer be responsible for utilities, and that my roommate and I had to pay 1/2 each, essentially screwing us over. Clearly if LL's understanding was that only people physically in the house were responsible for utilities, he would not have charged the third tenant for 3 months.

    Is the landlord 1) Allowed to charge tenants utilities without sending them the actual bills, 2) Change 4 months into the lease who pays for utilities?

    I want to 1) Continue paying 1/3 of the cost of utilities each, because I think we are keeping to our lease by doing that, and 2) tell LL we are not paying any more utilities until we see all the original PDFs for all the bills for July-October. We have paid all rent and utilities on time so far.

    Do I have legal footing to do those things? What legal action can LL take against us if we refuse to pay utilities until we see all the bills? What can we do if we stand our ground and only pay 1/3 of the total each? If LL decides to hold our entire security deposit hostage, do we have strong enough legal footing to sue them for it? What if LL produces the utility bills later and it turns out they'd been honest all along, but had for some reason decided to not send the bills to us? I am also worried that if we piss LL off any more, they'll just release the tenant who never moved in from their entire contract just to screw us over and force us to pay 1/2 of the utilities. Are there any resources you can point me towards that can help me talk to a lawyer about this for not too much money?

    Thanks for any advice you can give!

    ---

    Extra info:

    I signed a lease in Indiana before moving to the state, without looking at the place in person (I didn't have many options). I moved in in July. The house has 3 bedrooms. Another person (A) had already signed a lease for one of the bedrooms. We are on separate leases. We were told while signing the leases that multiple people were interested in the rooms, and that if anyone had to drop out after signing their lease due to COVID-related reasons, the landlord would aggressively advertise the rooms and release us from the lease once he found a replacement tenant. We went into the lease under the understanding that there would be 3 people renting the house and we would split utilities equally. Soon after I signed my lease, a third person signed a lease for the third bedroom.

    The third person (B) ended up having to cancel and not move in. The landlord put up a couple of posts advertising the place but hasn't done anything since. They have charged B their rent according to their lease, and an equal share of the utilities (1/3) since our leases began. Landlord does not live in the US, and I have never met them in person.

    Landlord told us while signing our leases that the utilities would be in their name, and that we would pay them directly for the utilities. Kinda shady, but whatever, I was desperate. What they did not tell us was that they would only charge us for utilities every 3-4 months, and never send us the actual bills. One of the bills is a cable+internet plan. LL was charging us what seemed like a ludicrous amount for the plan with came with 25 Mbps internet, which was atrociously slow. The lease agreement states that the landlord will provide cable and internet service "at the level requested by the Tenant". We asked him to drop the cable plan and get us a faster internet-only plan. They tried arguing that we already had the fastest internet available in the city, then that they were locked into a 2-year contract with the service provider. We called the provider and found out that 1) It was obviously not the fastest internet in the city, 2) the plan we were on was worth ~$50 less than what LL was charging us, 3) if we canceled the service and got a new 300 Mbps internet-only plan, it would cost ~$90 less than what they were charging us. LL not living in the US has made it very difficult to make any changes to our plan.

    At this point we had already asked him for the utility bills a couple of times, and received snarky responses. LL sent us a screenshot of his bank statement showing the charges from some of the utility companies, but not the internet provider, for one month. To this day we have not seen a single actual bill, and absolutely no proof of the charges for internet. A and I were the ones making repeated requests to see the bills; B has not been involved at all and had quietly been paying their rent and utilities so far. We had taken LL on his word for the utilities and paid them 1/3 each for 3 months. We became concerned after talking to the service provider, and asked LL to send us the internet bill. I admittedly got a little snarky with them because they kept suggesting that they were doing us a favor by not sending us the bills.

    After this request for the bills, LL blew up and said B would no longer be responsible for paying utilities, and that A and I would have to pay 1/2 each. LL was seemingly pissed that we kept asking to see the bills, and decided to screw us over. The language in my lease says "Tenant will pay an equal share of the cost of these services, together with the property's other renters." It seems like LL intends to continue charging B for rent, but has decided that A and I will cover utilities on our own. I must reiterate here that we are on separate leases, which likely complicates things. Clearly if LL's understanding was that only people physically in the house were responsible for utilities, he would not have charged B for 3 months. The previous tenants of the house (who LL did not allow us to speak to until we arrived at the house) have also said that LL has been shady about the internet plan.

    submitted by /u/bro-away-gugugugu
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    Can a university bar access to a breaker box for graduate student apartments? CA

    Posted: 18 Nov 2020 09:57 PM PST

    My wife is a graduate student at a university in California. We have recently run into a problem with tripping breakers and not being able to flip them ourselves (its in a locked room). When we call the maintenance line they are usual " we will send someone out tomorrow" if it occurs after business hours of 9-5. This obviously impact our ability to cook, use electronics, my work occasionally (working from home due to covid).

    The information I can find online seems to indicate that you are required to have access to your own breaker box. The problem I am having is that it appears that universities in general are exempt from most tenant law (see them being able to kick everyone off campus without notice etc).

    I just want some information before I start making a fuss to the housing office. These are the same people who would not let us change our own lightbulbs so I am not holding my breathe. Thanks in advance

    submitted by /u/UncertainSerenity
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    Someone who said they were a police officer came to my home when I left for work this morning and talked to my elderly grandma, When my grandma asked for his name/identification he didn't give it and proceeded to ask what was my daily routine was and what time im usually out of the house.

    Posted: 18 Nov 2020 09:37 PM PST

    My grandma told me he was wearing a badge around his neck so she believed that he was a real cop and told him everything he wanted to know. We have no idea who this man was. Im going to my local police department tomorrow but is there anything else I can do?

    submitted by /u/heheuehuh
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    Someone tested positive for Covid in the office. Employer is not allowing us to work from home, and is not paying for any sick time.

    Posted: 18 Nov 2020 09:13 AM PST

    This Monday I was informed a co worker of mine (two seats from me in a cramped call center) tested positive for Covid. The employee was sent home and not allowed to work for two weeks, we were told to continue working in the same office space.

    Another coworker called out sick and is being made to wait two weeks before returning or with a negative test.

    No one is getting paid for these mandatory periods of time off, and I am worried it's only a matter of time before I'm forced to quarantine. It's been a rough year and I don't have much savings. Do I have any legal recourse here, or should I just pray I don't get sick?

    This is a company in Florida.

    submitted by /u/WangingintheNameof
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    Signed lease and paid deposit, move in date keeps getting pushed back.

    Posted: 18 Nov 2020 10:43 PM PST

    Pretty self-explanatory. I paid a security deposit and signed a lease 10/30/2020. We were told we would be able to move in by 11/15/2020 but it should be sooner. Every week, they've pushed it back another few days or a week. We've been told 11/23/2020 now. We have no faith it will be ready by then and would like our security deposit back so we can find something else. Is there any chance we can get our security deposit back in this situation?

    Other info to know: we live in the state of Michigan. The rental is a brand new mobile home that they have been working on finishing.

    submitted by /u/Top-Melodic
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    Facing a Non-Domestic Battery, Unwanted Touch or Strike charge. Complicated situation. Need advice.

    Posted: 18 Nov 2020 10:39 PM PST

    So I'll make this post as short as I can. I am a 27 year-old man living in Florida. I am very concerned about being incarcerated again after my first appearance in court on the 25th of November for a battery charge, non-domestic. I don't know what I will say or do, as I am not proficient in analyzing the law and I am dealing with anger problems.

    Here is the chain of events.

    1. Friend helped me finance a house
    2. Previous tenant (who lives in a different location) accepted $2,500 from me and promised A. that she would pay the rent with it B. inform the landlord of my existence. Her lease ends at the end of November, and I am set to finally sign my own in December. Her name is still on the lease paperwork so she can come and go through the house as she pleases, save for my room.

    (Note: Did not get a written contract. Previous tenant was illegally subletting and letting the house get destroyed by people coming in and out. She charged me 950 for rent that she told me she would pay the landlord for me until her lease was up. Did not feel comfortable with this agreement, and rightly so...)

    1. Previous tenant did NOT follow through with agreement. Did not pay rent until landlord hunted her down for it. Did not know I was occupying the house until he showed up and found me. He said the rate was 850 a month, and so I found out the previous tenant was pocketing the $100 difference. Stopped giving money to the previous tenant and struck a deal with the landlord using previous tenant's wrongdoings as leverage. He accepted and gave me the opportunity to take over a lease I did not qualify for and I saw it as an opportunity to get a footing in a home of my own after couch-surfing for many, many years. The stipulations were that I had to fix the house up myself, and help pay sums of money that the previous tenant had ran out on whenever I could after paying regular amounts for rent. The leftover sums of money were not as important and there was no rush to pay them, as opposed to upcoming rent payments, which he wanted in a prompt and punctual fashion, and I obliged.

    2. After previous tenant learned I found out about what she had been doing (lying about the rate and stealing my money) she started doing things to make keeping up with the house and bills very difficult, including:

    A: Suddenly not informing me when the electric balance was getting low, (in my city we use something called Pay-As-You-Go) as her phone and email address were set up to receive notifications I could not see, with the help of, I'm assuming, her lease paperwork. Calling the electric utility to gain information was nearly always a futile effort.

    B: Calling the local post office and preventing me from getting mail here to establish residency. (This doesn't worry me as much anymore because of my good standing with the landlord; when I sign my lease I can prove to the bank it is solely my home and finally remedy the problem.)

    1. Fast forward through September and October, and I've ended up with a few roommates. I won't go into detail about them because they are irrelevant to why I'm posting here. Suffice to say four roommates out of five didn't work out. Three men and one woman were being shady, either not contributing at all or getting angry when I tried to enforce the stipulations I had for renting the rooms, stipulations they agreed on upon before moving in. They come and go, leaving me with another prospective roommate, this time another girl.

    2. This new roommate has been the source of a considerable amount of mental and physical anguish. I had two rules I informed her of upon entering my home, again, enforced with, again, no written contract:

    A: Have no contact with the previous tenant

    B: Do not ask the landlord for details about my personal rental agreement. (Obviously, she had some right to confirm I was paying rent and whatnot. What I meant by this was, essentially, don't try and make deals or fuck with my relationship with the man.)

    I suppose, due to my private nature, she thought I was being shady for whatever reason. I'm not sure when the animosity started building up, but I think it was when she asked the landlord about the leftover sums of money from section #3 of this post. She assumed, stubbornly, that the money would come back and haunt her and she would be obligated to pay it, even though the landlord and I both informed her this was not the case. I never asked her for more than her fair share.

    No matter what I did to try and convince her that it wasn't her issue, she attempted to get deeply involved and started building a strange hatred for me, and began terrorizing me and gaslighting me, as the previous tenant had been. Then, she and that same tenant secretly joined forces without my knowledge, in an attempt to convince the landlord to eject me from the property and occupy the residence again, together, and acquire a lease of their own.

    This, of course, did not work out, due to my relationship with the landlord. Prompt rent payments and a respectable attitude kept him on my side, firmly, and he has not allowed them to evict me, even with the previous tenant's name still on the lease. I had taken over her lease by paying the rent until November rolled around, but I had only some basic squatter's rights, as I had no paperwork.

    1. This pissed off both of them so much that my roommate began gaslighting me even more on Facebook (with no real consequences, of course) to the point where a random individual sent me a death threat through the use of Facebook Messenger after he watched videos my roommate uploaded to her timeline of me yelling at her nearly at the top of my voice telling her how much of a lowlife she was and basically spitting the facts. I cursed at her and told her that if anyone showed up at the property I would fight with my life to defend my home. I may have used to colorful words, but I never incited violence towards her person. The individual that threatened me, sure. But never her. I was so afraid for my life I had to borrow a utility knife from a coworker before I got home from work, as I do not own any weapons and felt like there was someone waiting in ambush for me.

    As I said before, she was recording my outburst and at some point called the police and had them show up to the house. She lied to the police and said I stated I said I was going to "kill everyone in the home and myself."

    1. When the police arrived I immediately alerted them I had a weapon in my pocket for my own safety as I had been threatened and was fearful of someone attacking me. This may have been a critical error. They took the weapon after they were told the fabricated statement above and an officer put me into an involuntary Baker Act for three days at a mental hospital in town on the 9th of November.

    2. Even whilst inside the looney bin, I still maintained my relationship with the landlord, and together, kept denying them any sort of power. I got out as soon as the mandatory time period of 72 hours had elapsed. My friends came and shuttled me home, and I arrived to find all my furniture and everything rearranged in the house, and all my possessions moved into my room. I promptly took back control. I installed a lock on the door to my room with the help of an middle-aged friend who also arrived to take me to work. My two young friends who picked me up from the mental hospital and the adult friend who arrived to take me to work as my ride (as my vehicle is currently immobilized) stayed with me as the following events occurred...

    3. My roommate informed the previous tenant of my return (on 13th of November) and she came back with a two dark-clothed male individuals and a Uhaul, suddenly reclaiming possession of all the furniture she had "gifted" me upon moving into the house and attempting to intimidate me. She claimed I was being evicted, and used fear mongering to convince me the landlord had changed his mind about me. I went outside to call his phone to get an explanation, but it was after hours and impossible to reach him. During my time outside, she and her accomplices broke the lock on my door and took back more furniture and stole my box fan, an S-type Android phone charging cable, and other irrelevant things.

    4. My middle aged friend advised me to immediately call the cops, who arrived and deemed that there was not enough evidence to convict anyone of burglary and trespassing in my room. Frustrated, I went to work and came back later to find the room and lock, again, had been broken into; this time, she had apparently took a plate and smashed it into several pieces and taken more pointless irrelevant stuff from my room, intelligently avoiding the assets, like my $2,000 gaming computer, my laptop, and anything else of such value. We called the police again, who again, did nothing but call her only to hear her deny she was involved.

    5. On the 15th of November, the previous tenant came back again when my roommate suddenly needed a case of water and a shitload of moving boxes, at midnight, that have not moved an inch to this day. The previous tenant immediately started to talk mad smack and attempted to get a rise out of me. I told her, even with your right to be here, if you're starting a fight, please leave the property. She did NOT like being told to leave what used to be her home, a home she and my roommate had still been planning to usurp from me, and attempted to strike me with her minivan, leaving track marks on a sidewalk leading straight up to my front door. When I dodged the vehicle I went and stood back into the doorway and smirked, only to see her step out of the van with an aluminum baseball bat, which with she charged at me. I shut the door. She hit the door once and left. I saw her pull out, then pull back in, park next to my immobilized vehicle, and act like she was walking towards it, and I gave into my anger and incorrectly thought she had damaged my vehicle with the bat after she left, getting it confused with damage I had done myself in an accident. This caused me to assume that I had no other option but to call the police, warily, as we had both been calling nonstop to no avail, save the Baker Act.

    6. As I was waiting out front for law enforcement, my roommate counter-called the police and we both started arguing. It was during this argument when I made another critical error.

    As my roommate ran to the sidewalk and began scuffing up the dirt tracks that I wanted to use as evidence proving the previous tenant attempted to run me down, I made a huge mistake and put a hand on her shoulder and tried to convince her to stop. It was a non-violent interaction and I did not mean any harm, but two female law enforcement officers arrived to survey the scene, and I listened to my roommate exaggerate the absolute hell out of the altercation, stating I screamed at her and shoved her, causing her to stumble.

    After what seemed like a lifetime of deliberation, the abuse of the emergency line combined with my roommates false statements left them with no choice but to take me to jail, where I spent five hours in booking and ten hours in the suicide prevention ward (a result of being in a Baker Act earlier the same week) in a 4x4 cell with a small toilet and 3 other individuals nearly naked, and with no soap to clean myself.

    My young friends who had rescued me earlier from the mental hospital bailed me out by paying a bail bondsman 10% of my $1000 bond, allowing me to push back my first appearance and start mounting a legal defense for my court date on the 25th of November. I am not sure what will happen on this date or what I should be prepared for. I filed two injunctions at the clerk of court against my roommate and the previous tenant, mistakenly under the category of repeated violence, as I am not well versed in the law, and they were denied. I suppose I should have filed them under domestic abuse, but the title of my charge, Non-Domestic Battery, Unwanted Touch or Strike, mislead me.

    I need advice. I have no clue how to proceed or what to expect. I do not think she has sufficient evidence to prove I placed my hand on her shoulder, but due to my honest nature, I did, in fact, admit to the cop who booked me in that I did so in a non-violent way... another one of those critical errors. I blame my wholesome personality.

    I don't know if I should plead guilty or not guilty. I don't know how much a court-appointed public defender can help. My part time job at a well-known supermarket chain has already come into question due to the charges. My roommate is unemployed. If anyone on Reddit can tell me what I might expect or what the best course of action is, I beg of you to inform me. I am getting conflicting answers from my everyone and I had a mental breakdown at work because of everything that is going on. I ripped out almost a quarter of My hair sitting in jail, and the mental trauma and paranoia is setting in fast. Who can help? Please, feel free to ask questions.

    submitted by /u/Mel_Torment1993
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