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June 20, 2013

Charles asks…

Frivolous ligation or a real deal small-court lawsuit?

Both my dad and I participate in many recreational soccer/football leagues and games.

We rent a house in L.A., California for about $1,600 a month. Its 6 of us.
We had one room open and unused . So my dad had or met this ‘friend’ of his i guess in a soccer tournament or maybe much longer than that bcuz he seems to know couple of my family members.

So this guy by the name of ‘Juno’ and his ‘Shaniqua’ wife/mistress/girlfriend moved in in our back room. Its has two doors. one leading outside another leading to the end of the kitchen . Has its own built in closet and bathroom, which was recently built new parts and stuff. What i know s that they pay less than $400, last time i remember it was around $200.00.

All that covers for rent, utilities, free internet, tv, food, water, free soccer play time.
I notice he was trouble when we would ask me for money to buy Soda or a snack and said he would pay me back. He also took couple bucks the other time to, subscribe me to a soccer tournament, he never return the few bucks and never told me if he receive the permit for me to play in a team. The other time he ask if i had any phone not in service, i let him inside bcuz i was playing a video game. I notice he kept looking around for a ‘phone’, i showed him a phone i had a long time ago from MetroPCS. He had the guts to ask me of my smartphone, i told him i lost it and got the n Sprint GS3( sucks balls, the new big things, my ass!)

Lately i been hearing that they are not paying the proposed rent payment, either not complete and full or nothing at all for this past months.
So my dad has had to speak with him, some few time he hasn’t been able to get hold of him through phone or by just walking back every time rent time is near or due.

I guess my dad is fed up with his bullshit, also with the fact that he never pays when we go play for soccer tournaments.

So he had to have a serious talk with him.

From what my mother just explain to me

Juno said he plans on suing my dad for trying to ‘give him the boot’, my dad just insisted he pay the proposed rent they agreed on. My dad said he understand its a hard time, but he promised to pay the rent. Shanikua works and Juno too,

So he claim on suing my dad for trying to kick him out, My dad doesnt seem to have any plans on kicking him ouot bcuz he knows the guy is poor or nearly broke since he has pay for child support and all this stuff. my dad is really trying to help this guy get his shit together but it seems the guys is taking full advantage. I seems like my dad knows this but is just too dam nice. This guys is big sucker up.

It fuck up that after my dad is trying to help this guys, motives are now to sue him{possibly been his motive all along}.

Is this just a pathetic frivolous litigation or a real deal lawsuit.
I believe he just gave him a check of $200 to make my dad shut up.?
WHat do yyou guys and girls think?

Administrator answers:

The point at which he threatened litigation is the point you need to cut his nuts off.

There can be no friendship without respect. There is no respect in a relationship of deciet, lies and theft. He can claim you failed to follow proper process in evicting him….

However you need to follow due process. The steps are outlined below in the attachment.

The big issue is whether you are legally entitled to sublease your apartment – you may be in violation of your lease with your landlord. Your landlord may be able to evict you (for violating the conditions of the lease) and him. He may be able to sue you for representing you had the right to sublease fi you did not. To sort out that you need a chat with your landlord.

Mitigating against that is his breach of contract with you. He cannot simultaneously argue he should be able to rely on a contract while breaching his obligations under it. So the likely outcome is lawsuits all around and you will likely win based on these facts if he is not paying his rent on time.

Steps:

1. Make a demand for payment and fill out the various forms below. It will be tactically beneficial to do the filing in a public place (preferably under CCTV surveillance) in case he reacts poorly and you need evidence.

2. If he is abusive then call the cops and get a restraining order.

Ken asks…

Advice for what I should do in life?

Ok, first let me start by saying I’m not begging for pity or being emo or whining or anything like that. I’m posting this question simply because I wanted to see if anyone had suggestions or if anyone has been in a similar place that I’m in at the moment.

Basically for awhile, my life has been very blah. I graduated from college a year ago in April. I lived in the the college town until August because of my apartment lease. I never wanted to be one of those people who moved back in with their parents, but strangely enough that’s exactly what I did, purely for financial reasons though.

I moved back to my home town where I grew up pretty much my entire life and figured since I had left my college life behind I could focus more on getting a good job. Boy, was I wrong. I sent out over a hundred resumes in August and never heard anything back from anyone. I realized that I had to make some form of money soon, so I ended up getting a job at a retail store which was the same retail store that I worked at in college. If that wasn’t already enough of a step backwards, they pay me a whole dollar less then what I was making during college (some fine print crap about technically being hired as “seasonal” or something – believe me I already tried to fight it).

I’ve had months where I get somewhat optimistic about job searching and decide to go at it again full force but that optimism quickly dies out when yet again no one calls back or even talks to me when I try to check up on an application.

So here I am, just a few days short of my one year anniversary of graduating from college and what have I done…nothing. I’m in my early twenties, I’m living with my parents, I have no optimism about finding a job, I just feel like I’m in the biggest rut of my life. I don’t know if I would go as far as to say I’m depressed but I am certainly in a huge funk and every once in a while go through panic attacks about the future. I also have very few friends here in my home town and have not been dating anyone, this is by choice mainly because I really don’t like this city and want to get out asap and therefore have nothing tying me down here.

Right now, I’m constantly going through a bunch of ideas in my head. My first was to save enough money by the end of the summer to move to a different city in the same state and just transfer to the same retail store in that city. But even this concept scares me because I really can’t stand working there anymore and it just seems stupid to keep hopping around to the same store in different cities.

My other option was possibly joining the air force which I’m still weighing the pros and cons of. It’s a big commitment and I want to make sure that I do it for the right reasons. I also really want to go to grad school and I know that by joining it could help pay for it because there is no way in hell that I could afford grad school on my own.

Speaking of money, I have to pay back just over $200 in student loans each month, which isn’t so bad now since I’m living rent-free with my parents, but as soon as I move out on my own my moneys going to be gone really fast.

So, that’s my situation. Sorry for rambling but if anyone has any suggestions or has been in a similar place and would recommend something, I’m all ears.

So just to recap: early 20s, only a few thousand dollars saved up, living with parents in a city that I hate, no plans on dating anyone/making any new friends in this city, having to pay back 200 dollars in student loans each month, completely lost hope in getting any kind of full time job, hating the current job I work at (not to mention getting paid less then the one I worked at in college), feeling bored, tired, monotonous, in a rut/funk, possibly depressed, having small panic attacks every so often, wanting to go to grad school but can’t afford it, and looking for any help/options.

Thanks in advance for any help!

Administrator answers:

First thing you need to do is relax.

Secondly, don’t think that success equals a high paying job.
Being a successful person has nothing to do with the amount of money you make. I get paid half what i did at my previous job, but i also have more time to spend doing the things i want to.

If you don’t like where your at, file for a loan deferment based on financial hardship (once you file for a financial hardship deferment its really easy to get your payment lowered once you can start paying again), pack your bags, throw em in your car, and move somewhere new. You might have to sleep in your car for a month or so, but trust me the experience is well worth the lack of comfort.

My advice on what you should do with your life: enjoy living…the rest is just a big game society suckers us into. You don’t have to play it if you don’t want to.

But remember, if you don’t play, you probably won’t get many of the toys…but if you can live without all the unnecessary bells and whistles, don’t burden yourself with them.

Carol asks…

Any suggestions for what I should do in life?

Ok, first let me start by saying I’m not begging for pity or being emo or whining or anything like that. I’m posting this question simply because I wanted to see if anyone had suggestions or if anyone has been in a similar place that I’m in at the moment.

Basically for awhile, my life has been very blah. I graduated from college a year ago in April. I lived in the the college town until August because of my apartment lease. I never wanted to be one of those people who moved back in with their parents, but strangely enough that’s exactly what I did, purely for financial reasons though.

I moved back to my home town where I grew up pretty much my entire life and figured since I had left my college life behind I could focus more on getting a good job. Boy, was I wrong. I sent out over a hundred resumes in August and never heard anything back from anyone. I realized that I had to make some form of money soon, so I ended up getting a job at a retail store which was the same retail store that I worked at in college. If that wasn’t already enough of a step backwards, they pay me a whole dollar less then what I was making during college (some fine print crap about technically being hired as “seasonal” or something – believe me I already tried to fight it).

I’ve had months where I get somewhat optimistic about job searching and decide to go at it again full force but that optimism quickly dies out when yet again no one calls back or even talks to me when I try to check up on an application.

So here I am, just a few days short of my one year anniversary of graduating from college and what have I done…nothing. I’m in my early twenties, I’m living with my parents, I have no optimism about finding a job, I just feel like I’m in the biggest rut of my life. I don’t know if I would go as far as to say I’m depressed but I am certainly in a huge funk and every once in a while go through panic attacks about the future. I also have very few friends here in my home town and have not been dating anyone, this is by choice mainly because I really don’t like this city and want to get out asap and therefore have nothing tying me down here.

Right now, I’m constantly going through a bunch of ideas in my head. My first was to save enough money by the end of the summer to move to a different city in the same state and just transfer to the same retail store in that city. But even this concept scares me because I really can’t stand working there anymore and it just seems stupid to keep hopping around to the same store in different cities.

My other option was possibly joining the air force which I’m still weighing the pros and cons of. It’s a big commitment and I want to make sure that I do it for the right reasons. I also really want to go to grad school and I know that by joining it could help pay for it because there is no way in hell that I could afford grad school on my own.

Speaking of money, I have to pay back just over $200 in student loans each month, which isn’t so bad now since I’m living rent-free with my parents, but as soon as I move out on my own my moneys going to be gone really fast.

So, that’s my situation. Sorry for rambling but if anyone has any suggestions or has been in a similar place and would recommend something, I’m all ears.

So just to recap: early 20s, only a few thousand dollars saved up, living with parents in a city that I hate, no plans on dating anyone/making any new friends in this city, having to pay back 200 dollars in student loans each month, completely lost hope in getting any kind of full time job, hating the current job I work at (not to mention getting paid less then the one I worked at in college), feeling bored, tired, monotonous, in a rut/funk, possibly depressed, having small panic attacks every so often, wanting to go to grad school but can’t afford it, and looking for any help/options.

Thanks in advance for any help!

Administrator answers:

I was in a similar situation many years ago, and I won’t bore you with the petty details, but when I got out of the Army (yes, I joined) not only was my US citizenship on a “fast track” so to speak, I had employers practically trying to haul me off by my boot laces to work for them. It was also an AWESOME experience, despite the whole First Gulf War thingie.

I ended up going back to Norway for a while, though. I needed a break after that and thought the best way to get it was to huddle in the snow in Espedal and stare sullenly at the fire pit.

The Air Force is a big decision – any military service is. But I am a firm believer that no matter where you live you should serve your country in some way. So unless you’re going to be a doctor and work in a county clinic after you’re finally done with all of your schooling, I would recommend the Air Force. Not only for the experience, but also for the GI Bill, the VA benefits and well, pretty much everything good that comes from surviving the military.

Joseph asks…

Do I have a case against my realty company?

I have lived in the same bottom floor apartment for 24 years. Since the last tenant above me moved out and the carpet was replaced, the creaking and popping of the floor (my ceiling) has increased a hundred fold. I’ve lived here for long enough to know what normal floor sounds are. I have never complained before, but it is so loud that any activity at night (my new neighbors are unfortunately night owls) disrupts my sleep. It is now impossible for me to sleep when I know that at any second there will be a noise that will wake me up. I notified my landlord of the problem, and she had a repairman drill over 200 screws into the areas that they thought were causing the problem. This has had no effect on the noises. She now insists that there is nothing else that she can do, and says that realty company told her that we will have to live with it. I actually called the realty company myself, leaving a message asking them to call me, and the company called my manager instead and apparently told her to deal with it. I know I have a right to quiet enjoyment, and that it’s a covenant in my rental agreement. I want to know what I can do. The lack of sleep resulting from the noise has caused me anxiety and health problems. I get two, maybe three hours of sleep a night before I have to get up at 7:30 am and go to work. It’s running me down and I need to know my options for getting this taken care of. I don’t have a problem with my neighbors, they’re not doing anything wrong. It’s a building issue that needs to be taken care of. Any suggestions or tips are greatly appreciated :)

Administrator answers:

Almost every state has implemented the Uniform Landlord & Tenant Act in one form or another.

Residential tenancies are handled with kid gloves by the courts.

Each tenant has a right to quiet use and enjoyment of the rented premises, which includes being free of unwanted nuisances such as inappropriate noises.

That said what you have is a structural issue which could be much more serious than just screwing the floorboards down.

I don’t know the age of the building but the rafters above your ceiling which are the truss cords holding up the floor above you, can be cracked or become deformed over time. This can happen as a result of the building settling, or the wood bowing and constricting over time.

If the truss cords or rafters are made of lolly lopped resin pine then they will become petrified over time. If so, they’re basically rock by now. Screws won’t drill into the pine and if they do they may become loose.

The way to respond to this issue I’m afraid to say is to remove the sheetrock or plastering from your ceiling and look up at the floor boards and the truss/rafters in your ceiling.

If they have to do this, you might as well move out. However once the ceiling is opened up you can see what’s moving around and loose, popping etc. They would likely fix this by installing more rafters along side the existing and then bolting it all together with carriage bolts, washers and nuts. That costs money and takes time. Its also annoying if you have to live in your apartment while they make these repairs.

My suggestion is to ask to be let out of your lease and collect your deposit and move out.

If you’re in a rent-controlled situation where you can’t afford to move, then you have to go to the rent control board or court depending on the procedures involved, and request that the landlord be compelled to make the necessary repairs. If there are no rent controls then I’m sorry you either put up with it or move out.

Richard asks…

How much money do you need to move out of the house?

I need to leave my parents nest now.

Administrator answers:

Build a budget including all income and expenses. Typical monthly expenses include: Rent, Loans, Water, Cable, Internet, Phone, Electricity, Car Insurance, Renter’s insurance, Groceries, Gasoline, and spending money. The cost of bills depends on where you live. There are lots of free budget forms for download; also check out DaveRamsey.com and mint.com for help budgeting. Rent should never be more than a third of income; many landlords verify this before they’ll offer a lease. If you don’t have enough money coming in to cover these expenses, consider getting a roommate.

Make a savings plan to prepare for moving out. There are lots of “start-up” costs involved in moving out the first time. Deposits for apartment and bills are the largest factor. Other things to save for are: Furniture (bed, couch/chairs, coffee/side tables, TV stand), electronics (TV, Computer, Microwave), Pots & pans, Dishware, Silverware, Bedding, towels, and the list goes on. Buy items that are easy to move before moving to decrease the amount you’re spending at one time. In addition to saving for the items listed above, put some in savings for a “rainy day” in case of job loss, medical emergency or car accident. $1,000 is the minimum, 3-6 months bills is recommended.

A great way to prepare for living on your own is to live by this budget before you move out and put what you expect to pay in bills into a savings account. Not only does this get you in the habit of living off the money budgeted for non-essential items, but it’s a great way to build up savings.

Mary asks…

can i switch with someone to get out of my lease?

My roommates boyfriend pretty much lives with us rent free. I can barely afford this place and would much rather just move back home and have him move in with her. Is there a way I can just switch with him so I don’t have to stay here any longer? My roommate had the only copy of the lease and lost it so I dont know their policy but I know they said their lease was just a standard Pennsylvania lease.

Administrator answers:

First off, maybe you could ask your landlord for another copy of the lease, so you can read it over.

I don’t know about your lease, since they can be very different, but mine has a “change of roommate” agreement. The person who wants to move in would fill out an application to see if they’d qualify for the apartment, and if they are approved, then both the old roommate (moving out) and the new one fill out a “change of roommate” form, and the lease transfers to the new person’s name.

George asks…

When i leave for Basic Training in the army. Will they pay for my current lease for my apartment.?

I am in the reserves and a friend of mine said that when he was at bootcamp he knew some guys who were getting money since they had a lease. he said that i had to fill the form out 5960. Can anyone confirm this?

Administrator answers:

Hello Manuel,

No. Unless you are married and entitled to basic allowance for housing (BAH) while you are on active duty for basic training and technical school.

But, why not google Army Form 5960 and see what comes up.

The US military has always been “designed” for single people who are still living at home with their parents, graduated from high school, and decided to enlist. They have no real possessions or outside debt obligations. They are free to go world-wide for military service.

If you are any other than that kind of person then you “own” all other obligations that you have incurred and they are not covered by the service.

The Army will not make your car payments and car insurance just because you no longer have a full time job that can make those monthly payments!

Best wishes,

Larry Smith
Senior Master Sergeant, USAF (Ret.)
First Sergeant

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