OFF-TOPIC Thread

What's LOLZ? Laughing out loud Zack?
Probably...makes sense...I would be, too.

 

Several things have been posted here that all I can say to is "Wow!" There certainly is not much if any, basis in fact to some of the claims here. I'm not going to soil my hands addressing this.

 

should have known that was coming but of course i meant in terms of political discourse
that said suck my dick fag

 

BG back at it again with the legal issues
This time I ain't guilty though

Those with information or perhaps our resident lawyer @Shaw may comment even though I know that dude too good for this shit lol

So I made an arrangement with someone to take over their lease but at a discounted rate. They'd be paying me $50 per month for one year. They made the first payment and have not replied to any of my messages since. This would be the 7th month they have not made any payment.

Is it reasonable to threaten legal action? Can I fuck them out of more than $600 now for being late on payments?

There wasn't a specific contract but all agreements are in writing on Facebook message which I believe would hold up. The person even said in month two they are waiting on money to make the necessary payments so it's obvious they're just ducking me at this point.

Since they're not responding what can I do at this point? If I take it to small claims court would I have to assume additional costs or would they be obligated to pay everything since they are in the wrong?

Thanks fam I figure some of you have experience in these types of leasing affairs

 

LOLZ

You knew you asked for it... now don't get all testes on us

 

I'll respond with some general thoughts later tonight

 

BG, what precisely was leased? Does it have a value much greater than the overdue $600? Was this asset supposed to be paid off after 12 months? Or were you expecting it to be returned in similar condition?

In my experience leases ALWAYS involve 'some' legalese for exactly these types of reasons. Of course I've leased houses and cars and pretty expensive things that if I didn't pay someone would simply remove me from their asset. That too can be pricey to enforce in some cases.

Small claims courts generally have the loser pay the court costs + restitution. However I've watched people get away with shit simply by being a vagrant flake too evasive to be served so you never know when its time to involve Vito and Guido (in theory, of course of course)


Your now asking yourself if the juice is worth the squeeze...

 

Wow...you know Vito and Guido? I went to school with those guys...

 

Thanks fam, take your tme

I took over a housing lease at my university. The rate per month is $1000. The individual needed to cancel their lease (and pay a $400 cancellation fee in one payment)
But instead I took over the lease and we agreed id do so at $950 and theyd write me a check every month for $50.

The person I leased from is still a current student also so idk how evasive theyll be. I have their home address and everything from the check they wrote originally so Vito and Guido may be needed

 

The whole minimum wage debate is something interesting to me. Not really sure what side I'm on, but interested to hear people's thoughts on it. You can't argue that the inflation rate far exceeds the minimum wage rate over the years. The main thing for me is that I don't think a person working 40-hours a week should be living in poverty; but yeah, I agree with the argument about how they need to get better skills, etc.

 

me knickers is in a bunch
btw just to finish the walmart thing regardless of documentation i knew he wanted to use American was the attraction
and i was talking about industry and manufacturing not retail

 

unless its between old school guys like us who believe their word actually means something and even then...

 

Don't take this as legal advice - I'm just throwing out some general thoughts here, but I don't know enough about the particular laws or CA laws to give you an informed opinion. Nevertheless, it may give you a general sense of where you stand.

First, do you even know whether this arrangement is permitted by the landlord? I don't know CA property law, but landlords generally may write prohibitions on transfers. Usually universities will have some sort of form contract for things like this. Did you guys go through this? Or was the assignment off the cuff as well?

Second, this sounds like it's an assignment of his lease (not a subleasing arrangement) since he's presumably transferring the remainder of his obligations to you, not a portion of it. This means that--if the assignment is valid--you're in vertical privity with the landlord, so they can sue either you or the original tenant for amounts not paid.

Third, the contractual relationship actually seems fairly complex. I don't really know enough about this stuff, but you're not really leasing him anything (it's just an agreement embedded in the original assignment agreement). Regardless, this side arrangement may run afoul of the Statute of Frauds ("SOF") (and the original agreement may as well depending on how you did this). Not all contracts have to be in writing - in fact, a large chunk of them don't have to be. But, the SOF holds that contracts must be in writing in certain circumstances: e.g., contracts not to be performed within 1 year of their making and leases of real property. If the $50/month payment is viewed separately from the assignment, then the agreement was probably made before the first date of payment. Therefore, the duration of the agreement lasts longer than 1 year from its making. If the agreement isn't in writing (e.g., a memo of the agreement) and isn't signed, then the contract is unenforceable. I don't know what your interactions were, but without knowing more, it may not satisfy both. You can still try to recover in quasi-contract for restitution (value of benefits conferred). If the courts decide to view it from a real property lens, then CA probably has specific rules regarding this (in NY the real property has to be leased for longer than a year I believe).

It looks like the filing fees for small claims court are fairly low. Keep in mind that you'd need to follow proper notice, service, etc. guidelines. Also keep in mind that the defendant may submit counterclaims against you (I don't know CA-specific rules of civil procedure), but assuming the claims aren't time-barred, they can pretty much file any grievance they have against you in the same action (if any exist).

Anyway, this is all to say I don't really have an answer to you, but there probably isn't a whole lot you can do.

 

thing is you cant legislate people out of poverty
and watch the fast food industry go completely automated like HDepot and Lowes are already doing
there will just be less jobs at all and if they can't automate the price of product will just go up
back in the day those jobs were for young people getting into the work force and not meant to support families since they require zero skill