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  1. mightymoose

    Breaking a Lease Please help

    The landlord won't care about the agreement and doesn't have to honor it. The point of going to the landlord is to come clean, inform that you are currently in the house, have paid the last two months yourself, and ask to begin a new lease. No. Legally the landlord has to have you evicted. Do...
  2. mightymoose

    Breaking a Lease Please help

    Is this with the permission of the landlord? Doesn't sound like it. Ok, so the landlord didn't know about you but will soon enough. Her 30 day notice doesn't force you out. The landlord will have to evict you. Better for you to find another place to live before that happens. You won't be able...
  3. mightymoose

    US Federal Law Want to earn $3,300 from your Uncle Sammy?

    Also, if you do not want to get the flu, do not deliberately shoot it up your nose.
  4. mightymoose

    Wrongful No Contact Order

    Name calling is one thing. Causing a person to fear for their safety is another. What you describe does not reasonably cross that line. If there is nothing more to it then I wouldn't expect the order to be granted so long as you show up to defend against it and apologize. This initial order you...
  5. mightymoose

    Wrongful No Contact Order

    Good ol Facebook. My suggestion is to remove her from all your contact lists and make no further effort to contact her and no effort to say anything about her to anyone. When you go to court it will be her burden to explain how you are a danger to her and why a permanent order is necessary...
  6. mightymoose

    left with no options to get my kid to school

    That sounds like rules meant to be broken. The school has no say in whether a student is allowed to walk to school alone or wait for the bus alone. That is entirely up to parents.
  7. mightymoose

    Paid For Vehicle But It's Under Ex-Girlfriends Name

    Do you have anything in writing, even a text message, in which she agrees to repay you or acknowledges she owes you for the vehicle?
  8. mightymoose

    Hazardous situation

    It would be wise, prior to leaving with the child, to obtain a written custody/visitation agreement. This would avoid allegations of parental abduction and keep things cool while the process plays out. I suggest speaking with a divorce attorney for guidance regarding child custody, but your...
  9. mightymoose

    Threatened with going to jail unless I gave the police officers money?

    If you have not received a citation you likely are not obligated to do anything at all.
  10. mightymoose

    Elderly mother needs help removing adult son from her home.

    You could put the Pledge of Allegiance on it if you wanted. The exact wording is not important. What matters is that the notice is given. I agree your best route is to pursue a restraining order and involve Adult Protective Services. If there is abuse taking place they will end it in a hurry...
  11. mightymoose

    Elderly mother needs help removing adult son from her home.

    I will tell you for certain he is a tenant.
  12. mightymoose

    Elderly mother needs help removing adult son from her home.

    The key sentence in your article is this: "The laws and definitions of tenant and lodger may vary among states." In California there can only be one lodger in the owner occupied residence.
  13. mightymoose

    Elderly mother needs help removing adult son from her home.

    I agree it is entirely irrelevant what status the owner of the lot has given him. Per your description of the situation he is renting a room in a home occupied by the owner in which another room is also rented to another person. By definition the renters are tenants, not lodgers.
  14. mightymoose

    Elderly mother needs help removing adult son from her home.

    Your uncle is then also a tenant. The lodger rule is out the window.
  15. mightymoose

    Elderly mother needs help removing adult son from her home.

    He is only a lodger if he is the only occupant other than the owner. That is not the case. The lodger rule applies when a room is rented to one person in an owner occupied residence. If any other person is present besides the owner/lodger, then you have a tenancy.
  16. mightymoose

    Elderly mother needs help removing adult son from her home.

    It matters because of how the law is written. Because of that presence of the uncle, the son is a tenant.
  17. mightymoose

    Friend is having her nudes sent out maliciously; help?

    Let's try to keep replies on topic. This thread has already been cleaned up once. No need to start back down that path.
  18. mightymoose

    Eviction Process Is she a tenant ?

    The requirement is that the notice is served, not that the time is expired. Filing immediately allows for a scheduled hearing as soon as possible after the notice time has elapsed. Most courts are going to schedule the hearing two months out.
  19. mightymoose

    Elderly mother needs help removing adult son from her home.

    The brother is not a lodger and must be evicted as a tenant. The lodger rule only applies when there is a single lodger in an owner occupied residence. That the uncle is a relative or might pay less or no rent is irrelevant- he is an additional occupant which eliminates the lodger rule. No need...
  20. mightymoose

    Eviction Process Is she a tenant ?

    Begin the eviction immediately. No need to wait. You must give the 3 day pay or quit notice first, but that will have elapsed before you ever reach court anyway. Don't waste time.
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