Posts by Cagefighter

69

How did Jesus and his apostles make money?

by sabastious in

jesus and his apostles were once found eating other people's wheat yield.

however the law in question was reported to be the sabbath; so it must not have been considered stealing?.

regardless, how did they earn money?

Cagefighter

Funny Comic Sixofnine.

48

Are Horse Steaks on your Grocery List

by designs in

congress has lifted a 5 year ban on horse meat, for the non-vegans are you game.. i remember being in france, nice, and walking into a boucherie chevaline (horse butcher) and seeing a skinned horse hanging on the hooks.

vivande de cheval, its a big animal to see up close in that condition.

had a great buffalo steak the other night with my son at a local restaurant..

Cagefighter

I have never known a Mexican to eat horse, Designs. Must be a Cali thing, like the congos with swinger parties, fake watchtowers, and now Mexicans that eat horse. I really must make it out that way some day.

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

I agree Whahappened, this is getting dumb.

If someone wants to so the information I provided TheClarinetist is incorrect, unwise, or whatever, I do not care. But, I draw the line when I am out right accused of something illegal. Especially, when I have made it clear that providing informationa and answering questions like this is becoming a big part of my professional life.

Imagine, if I started to accuse BOTR of doing illegal things in his law practice in an attempt to make harm him financially. I would consider that a tortable offense and expect to be sued. Accusing someone of breaking the law and disagreeing with them are too very different things.

Still waiting on that PM from BOTR. I will gladly provide you my address.

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

BOTR, I assure you it was not an empty Challenge. PM me and I will even send you my address, even though you can find it through my domain registration. When I get your real name and address, expect a suit from me for libel and trying to damage me financially by harming my professional reputation. You were prudent to give a good warning about consulting an attorney, but you crossed the line by accusing me of doing something illegal. You of all people should know that was not the case.

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

BOTR, I will be waiting patiently for my summons.

You might get one sooner than me if you continue to attempt to discret me and professional experience when I attempt to answer questions people ask here or anywhere else.

46

Lesbian protest kiss at convention during CO's talk... taking it too far?

by Joliette in

jw
friends

i had the funniest thought at work...what if me and three apostate friends protest at a convention, and right before the song during a c.o's talk, we got up, and pretended like we were gonna do a normal sister embrace, and then, out of no where, me and the other 'sister' do would a long lesbian kiss while the c.o.

is giving a talk on fornication....what do you guys think the audience would do?.

Cagefighter

I got an idea for a cool video, Two sisters one song book!

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

Band on the Run, you need to get a refund on your law school tuition. They forgot to tell the difference between practicing law and having a conversation.

I am actually very familiar with the State Bar in Here in Texas. If you want to report me just do a whois search on my domain. I am not hiding, are you?

I used to eat attorneys like you for lunch that try and suppress my first amendment rights of free speech. I can give you a list of attorneys that groan when they hear the name Jonathan Morris. If you want to be the next notch in my belt, I welcome the opportunity. However, there will be some time and travel involved for both of us.

This is turning into a pissing contest, maybe we should agree to enter binding arbitration in JWN court. Judge Shamus can preside.

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

BOTR, I would welcome any lawsuit from you in a heartbeat. Then I would counter sue you for trying to discredit me on this forum in regards to a my experience and information that I MAKE CLEAR IS NOT TO BE TAKEN AS LEGAL ADVICE. You could be guilty of causing me financial harm by doing so.

My verifiable qualifications:

Texas Resident and almost 10 years of experience enforcing leases and representing landlords in TX in these matters.I used to own a collection agency, I was never an attorney: I HIRED ATTORNEYS! THEY WORKED FOR ME.

You sir, could be guilty of discrediting me to cause financial harm, "tortious interference".

Honestly, I do not believe you are a lawyer. If you are you are not a very busy one, are you?

Right after you sue me, you should sue another guy named Dave Ramsey. He is on the radio everyday giving advice as well, google him.

Oh yeah, and read the original posts Theclarinetest was asking for advice from an attorney OR anyone else.

Furthermore, you seem to be very confused about the difference in giving someone advice and representing someone. There is a huge difference. It's the difference between writing Dear Abby and listing Abigail Van Buren as your attorney.

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

Band on the run before you accuse people of breaking the law you should slow down. Someone only breaks the law if they represent their self as an attorney AND gives advice FOR money!

To you Theclarinetest- this is not something that should be handled by email. Tone and inflection do not work well in that medium. People take things the wrong way. The landlord is obviously upset that the fire occured in the first place and indicates a lack of trust when she mentions something about "insurance". Many landlords require insurance for this reason.

If you did indicate that you had liability insurance and you do not, then you should call or meet face-to-face and figure out what you can do to make it right ASAP.

What I would do (notice how I word that on purpose Band on the Run) at this point is, I would check the lease and see if I agreed to maintain liability insurance. If you did agree to and you did not, you are in a bad position and the landlord has grounds to evict you right now whether you pay or not.

Second, I would not make the "loan dispersement" your landlord's problem. The last thing she wants to hear is about your financial problems.

Out of curiosity, how much was your deposit and how much time is left on your lease?

FYI, she needs to provide you with a statement of some sort. I would not word it as you have (estimates, expenses, etc..) it sounds too nosey. You simply need a bill, something saying you owe $1623 for fire damage if you find that number to be agreeable. If you do not find that number to be agreeable then you will need the statement to compare against your own estimates to help a judge decide what is reasonable. Either way, sounds like she wants you out. Like I said before, if I had a couple of months on the lease, and a 1,000 deposit. I would pay her 623 and move on. Also, she still has to send you that itemized statement with in 30 days of move out or owes you triple your deposit. Something to keep in mind. She sounds like an amatuer from the email. I hope the two of you can work it out with out an attorney.

P.S. You sound like you are agreeing to pay when you email her about "loan dispersements" you might have a hard time fighting all of this. She can not really dead line you for payment, but you should pay as promptly as possible after paying rent of course. If it isn't quick enough for her, she can take you to eviction court and you can let a judge handle it. You won't necessarily need an attorney for that. It will be JP court in TX and it's a lot like Judge Judy. Common sense goes a long way in those court rooms.

81

Any Texas Lawyers in the House (or anyone else)? Need advice

by TheClarinetist in

jw
friends

i'm too stressed out right now to write this as anything more than what basically amounts to a series of bulletin points, but here goes anyway.. girlfriend burned down kitchen.. landlord wants money for repairs (obviously, no issue there) by december 5th.. landlord is attempting to apply security deposit to repairs in order to force us to pay all repair money within the next 10 days (over $1600) per the lease.

is that legal without our permission?

also, can she make us pay before she's paid anything?.

Cagefighter

TheClarinetist, let me give you the long answer now that we PM'd.

First you mentioned insurance. If your landlord claims this on the insurance then you should only owe what the insurance doesn't cover. You might owe her a deductible. Your landlord can not claim this on the insurance and charge you, that is double dipping.

However, (this is where it gets tricky) you should not assume that you can "poke holes in the lease" unless you were somehow involved in drafting it, which I assume you were not. Whatever you agreed to in that lease your landlord can hold you liable. For example: If there is a $500 kitchen fire fine, then you would owe that for sure. You need to re-read the lease throughly and see if there are any agreements about damages and accidents. Generally, even if unspecified in a lease, it is understood that the property is to be returned as it was given with reasonable ware and tear. Imagine renting your car to a friend for a month, it would be assumed that it would be returned as a usuable car. If it was missing four tires and rims, you would hold the renter responsible. Lease agreements spell this out sometimes to resolve the agreements before court even though a judge would support them with or with out it in writing.

Also, generally it is the landlord's job to repair damages due to accidents, storms, riots, whatever.... If you had a keg party and knocked a hole in the wall, the landlord has a right and responsbility to fix it. You are not in a position to say, "nahh just leave it till I move out.". So it is in the landlord's interest to fix her property and maintain it, to her liking.

Where your responsibility comes in is to pay the rent and any utilities agreed upon in the lease + damages in this case. I would not worry about the security deposit right now unless you have more than six months left on the lease. In that case it would be reasonable for the landlord to want to be paid promptly and recieve another deposit incase there were any more "accidents". This is what security deposits are for and you should consider yourself owing what ever it costs to repair - (minus) the security deposit. As far as the speed with which you must repay, again this is generally unspecified (unless your lease says otherwise).

If I were you I continue to pay rent until the repairs are complete and your lease is up. Then let the landlord know you will pay what you owe when you get a statement. You do not have to legally pay for the repairs until the landlord provides you a statement. This is one thing required in Texas tennant-landlord law is clear about. Also, once you move out the landlord has 30 days to mail a statement to your last known address stating how your security deposit was applied or they owe you 3 times your deposit.

So I would Pay my rent everymonth plus what I could pay on the damages after I am billed. If I felt the statement was unreasonable or the landlord was trying to charge me when she was been paid by the insurance company, then I would keep paying my rent and let her take me to court. When I went to eviction court, I would present records showing I have been continuing to pay rent, but I have not A) received a statement for the repairs, B) Believe the landlord was paid for this by insurance and is double dipping, C) Do not believe I am responsible for the repairs because of another reason. The judge will do one of several things, he will A) evict you (usually only for non-payment of rent many are reluctant to do it because you have not paid for an accident) B) order the landlord to provide you the documentation you need to pay C) adjust the charges and make them reasonable and customary (for example the judge tells the landlord she is charging to much and orders you to pay 1k instead of 2,500.) The judge can not really tell you how to pay, just that you owe it. If the judge decides that you owe X amount then you will be given a chance to pay, most likely. If you have not paid in a reasonable time, then the landlord will have to file for another court date and explain why the judge should evict you. In most cases if this was truly an "accident" and you are paying in good faith, you will not be evicted. However, if this fire was the result of a pattern or irresponsibility or illegal and dangerous activity (i.e. running a meth lab) then the judge could make an exception. I would get a copy of the Fire Department's report if that supports your claim that this was an accident, not the result of arson or illegal activity. Hopefully it will not go that far.

From what I hearing, I think it is very likely that your landlord is a little freaked out about the fire. She might be worried that you and your guests are reckless and she might lose the entire property in a fire (irrational as it may be). She might be trying to scare you into vacating, in that case you will pretty much be responsible for what ever she bills you for. I saw this many times when I tennant would feel pressure and leave the landlord would then bill for replacing everything from light switch covers to carpet and paint even if it was not really needed just to update the place on someone's nickle. Be calm, professional, and keep acting in good faith while keeping good records. The landlord might not be happy that it is taking you 3 or 4 months to pay her for the repairs, but most won't waste their time having a judge tell them to "get over it" in court either.

In short, continue to pay your rent and what ever the landlord provides you in writing that she spent repairing the place minus your deposit. You should be ok. Keep in mind, regardless if you go to court or not the judge can not make the landlord sign another lease with you. So I would expect to be looking for a new place when the current lease expires.

This is a good opportunity to mention my latest website www.ihatebillcollectors.com. I am a decade old veteran of the collections industry and used to own an agency. I asked The clarinetests if I could use this for my website. Please contact me on Skype or PM me with any collection related questions. I do not identify or use real names. I need content and I am building the site now. My Skype name is FOSTERANDMORRIS or email me at [email protected]

Disclaimer: I am not an attorney or financial advisor, any information I give is just that, information. You must make your own decision and I am not responsible for any consequences based on information provided.