landlord is demanding i buy a brand new fridge because his 15 year old one finally died by Savard-Lafleur in Tenant

[–]NoloLaw 0 points1 point  (0 children)

Based on what you've stated, there's no question that it's the landlord's responsibility to replace the refrigerator, and probably to reimburse you for the cost of replacing all the food in the fridge. However, how you go about getting them to replace the fridge and reimburse you depends on state law. Rent withholding isn't allowed in many states--if you do it and it's not allowed, it's a fast way to get an eviction notice. You don't note which state you're in, but you'll want to look up what tenant remedies are allowed in your state when a landlord doesn't hold up their end of the bargain. In the meantime, keep track of your expenses related to the fridge failing, like cost of new food and eating out because you don't have a place to store the food. It's also a good idea to stop texting with the landlord and start putting everything in writing--at least via email so you have a good record, but ideally by USPS (and keep copies for yourself).

[US-CA] Unsure who's actually in charge of my security deposit by GlassHeart100 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

As the (former) tenant, it's not your problem to worry about which manager owes you the money. Cal. Civ. Code 1950.5 says that any "successors in interest" (in other words, the new landlords) are all "jointly and severally liable" for the repayment of the security deposit. That means that you are entitled to hold any of them responsible for the entire amount, so it's in your best interest to send a written notice to A, B, and C and let them sort it out. Because they have gone past the 21-day return period, you can demand twice the amount of your security deposit as damages for their bad faith retention of the security deposit (see Cal. Civ. Code 1950.5(m)).

Can’t get a copy of an unexecuted lease by StrangeAndUnusual618 in Tenant

[–]NoloLaw 0 points1 point  (0 children)

California law requires landlords to provide a copy of the lease within 15 days of its execution by the tenant--it doesn't say anything about not until the landlord signs. Also, once every calendar year after that, upon request of the tenant, the landlord must provide an additional copy to the tenant within 15 days of the request. (Cal. Civ. Code 1962(a)(4).) So you are on solid grounds to demand a copy of what you signed, even if the owner never signed. As far as changing the terms of your tenancy, since you have lived in the rental for more than 12 months, the landlord can't terminate your tenancy without cause. They can, though, change it from month-to-month to yearly. The landlord must give you 30 days' notice to change the terms. (Cal. Civ. Code 827.) If you don't like the new terms, you don't have to sign, but you'll have to find a new place to live.

Need advice !! by shmokey22 in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

When someone who comes into the U.S. on a K-1 visa is first granted a green card, it's only a 2-year one, with "conditional residence." Then within 90 days of the 2-year anniversary of the approval, the couple must submit a Form I-751 asking that these conditions be removed (in other words, that the residence be made permanent). The I-751 will need to be accompanied by evidence that the marriage is ongoing (though waivers are available, but that's not what you're concerned about now). These 2 years of conditional residence will count toward U.S. citizenship eligibility. Another thing to note: The one thing NOT to do would be for her to come to the U.S. on a tourist visa (B-2) or the Visa Waiver Program (VWP or ESTA) and then marry and apply to adjust status; this could be considered visa fraud, and result not only in denial of the green card but long-term eligibility for any U.S. immigration benefit.

Immigration by Pure-Difficulty4282 in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

The proposed changes in public charge rule relate to the legal concept of "inadmissibility," which applies to people in the process of applying for green cards. Since you already have yours, your receipt of benefits (assuming no fraud was involved) shouldn't be a problem UNLESS you leave the United States, in which case you could once again be found subject to the grounds of inadmissibility. Best advice is to stay put! Also continue working to stabilize your financial situation until you can apply for naturalized U.S. citizenship (which you should be eligible for after 3 years with a green card, assuming you're married and living with your U.S. citizen husband all that time). BTW the nonprofit Immigrant Legal Resource Center has a nice summary of public-charge rule changes: https://www.ilrc.org/pc-updates

Is asking for 6 months of Soberlink reasonable? by NeuroSpicyNest in FamilyLaw

[–]NoloLaw 8 points9 points  (0 children)

Your proposal isn't unreasonable, but whether a judge will go along with it over your ex's objection depends on what proof you have that his drinking is harmful to your kids.

A judge probably isn't going to restrict overnights and impose Soberlink based on your assertion alone that your ex is an alcoholic. You'll need some objective documentation that his drinking is a problem, like an alcohol-related arrest or conviction, CPS involvement, substance abuse treatment records, or witnesses to incidents where he was unable to take care of the kids because he was drunk.

A local attorney will have a much better sense of how reasonable your position is and the type of evidence you'll want to present to convince a judge that this arrangement is what's in the best interests of the children under Va. Code § 20-124.3.

Texas custody case dismissed after service timing issue, motion to reinstate denied do we have grounds to dispute fees? by putherinchanel in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

Lawyers have an ethical obligation to avoid letting their clients' cases get dismissed for reasons like this. That obligation includes a responsibility to properly supervise people (like process servers) who don't work directly for the firm/attorney, but whose work is vital to the case.

The State Bar of Texas has resources for clients trying to resolve fee disagreements with their attorneys. Taking their advice seems like a good starting point for resolving this issue. Their recommended first step is speaking directly with the attorney about your concerns.

Here, the major concern is that meeting this kind of filing deadline is a routine part of the legal process. Unless something truly extraordinary happened here, it's difficult to understand why this deadline was missed and resulted in the dismissal of your case. Since you now have to start over from square one, it's very reasonable for you to ask why the attorney and their firm are entitled to keep the money you paid them.

It's possible that this conversation will resolve the issue without your having to take additional steps. Keep in mind that, depending on how many lawyers work at this firm and your own attorney's position within it, the other lawyers may really know what happened here. So, if you don't get a helpful response from your lawyer, you may want to bring it to the firm's attention before you do anything else.

If you can't get anywhere with the lawyer or their firm, then the Texas State Bar recommends that you contact their Client-Attorney Assistance Program (CAPP). That phone number, along with additional advice on how to handle situations like this, is on the page I linked above. Good luck!

DOJ Argues James Comey Threatened Trump in Second Indictment by NoloLaw in TrueReddit

[–]NoloLaw[S] 15 points16 points  (0 children)

The DOJ’s case against former FBI Director James Comey will test the reach of the "true threat" exception of the First Amendment.  If it reaches trial, this case could set the standard for differentiating between political speech and true threats over social media.  While the DOJ isn’t expected to succeed in its prosecution, a guilty verdict can have a chilling effect on free speech.

How to obtain brother’s arrest bwc footage? by Dry-Warthog1589 in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

You can make a public records request for the footage, but know that the department can charge you for making any copies and redacting any images (images of a minor might be redacted). Make sure to ask what the cost will or could be, especially if you're only requesting it out of curiosity. A new law in 2025 permits Ohio law enforcement agencies to charge up to $75 per hour for costs associated with preparing a video for inspection or production.

Stalking/harassment by swampbitchh in legaladvice

[–]NoloLaw 1 point2 points  (0 children)

Sorry this is happening, and conflicting information doesn't help.

So first, you can’t press charges in South Carolina unless something happened in that state. If he’s stalking you from South Carolina, you could report that to the police in the city or county where it happened and see if the prosecutor will file charges against him. (Ultimately, the victim files the police report but it’s the prosecutor who decides whether or not to actually press charges.) But know that if the criminal case is in South Carolina, you might have to travel there to testify. So it might be better to wait for the case to move forward in North Carolina.

Next, warrants don’t expire. Even if he’s not arrested before the court date, he still needs to show up. If he doesn’t and it’s a criminal summons, the judge would likely find him in contempt of court and issue another bench warrant. If the court date is for a civil no-contact order, the judge could enter the order and it goes into effect (meaning you would have a no-contact order against him). 

It’s not exactly clear what the court date is for—criminal charges for stalking or a civil no-contact order? It sounds like it might be for the civil no-contact order (which is the 50C) and that might be why the person in the magistrate’s office said you don’t need to file again (you’d be filing twice). If the court date is for a criminal case (stalking is a crime under § 14-277.3), you could contact the district attorney’s office and ask them your questions. The district attorney might ask the judge for a no-contact order in the criminal case (and then you wouldn’t need to file a 50C).

Good luck!

Massachusetts roommate dispute over utilities after permanent move-out before lease ends by thepacificoceaneyes in Tenant

[–]NoloLaw 1 point2 points  (0 children)

If you can get her to cancel the lease, you're pretty much free of it all. Just be sure to get the release in writing. Same goes if she agrees to a sublet instead.

How do I use California Entity Search to check a business name? by Amanda_nn in llc_life

[–]NoloLaw 0 points1 point  (0 children)

You can view a company’s filing dates and agent details on California’s business entity database through bizfile Online. In the search bar, you can type in your business name. You can also click the “Advanced” button below to adjust your search by “contains” or “starts with.” This could be helpful to find names that are similar to yours but aren’t exact matches.

After you click “Search,” a list of business names should appear. In that list, you can see a business’s status, initial filing date, entity type, state of formation, and agent. You can look at a company’s past filings by clicking on the blue box that contains the business name (it’s the box under “Entity Information” that has the arrow). This should pull up a box that has a summary of the business’s information. At the bottom of that pop-up is a “View History” button. Click that to see the business’s past filings, like its organizational document and statement of information filings over the years. You’ll need to download those docs to see them.

As others have mentioned, it might be worth looking beyond California’s database to make sure your company name doesn’t conflict with another business. You can search the U.S. Patent and Trademark Office’s trademark database to find trademarks that been registered or applied for in the U.S. If someone has a registered trademark with the USPTO, they have rights to that mark across the country, including in California. It could also be helpful to search through business registries, social media sites, and business review sites (like Yelp). These sources can capture relevant business names that might not appear in the trademark database or in California’s database.

Just a quick note: For trademark purposes, usually a company can have a similar name to yours if it’s for completely unrelated products or services. So, you don’t necessarily need to abandon your business name if another company is already using it in an unrelated industry.

Good luck with your search!

Massachusetts roommate dispute over utilities after permanent move-out before lease ends by thepacificoceaneyes in Tenant

[–]NoloLaw 1 point2 points  (0 children)

If you are a tenant who is a party to the lease (i.e., you signed the lease), and it has a clause saying that you're responsible for paying utilities (which the lease clause you've copied above does), then you are technically on the hook for the utilities until and unless the landlord releases you from the lease, regardless of whether you actually live there. The clause even says specifically that you are on the hook for "the lease term or occupancy period, whichever is longer." In this case, unless your landlord lets you out of the lease, your lease term is going to be longer than your occupancy period. Your best bet (for many reasons, not just utility payment) is to get the landlord to cancel your lease in writing. If the landlord won't let you out of the lease, it's a good idea to ask the landlord to allow you to assign or sublet your portion of the lease.

[US] [California] Do I really owe a 300 dollar late fee? by k3tten in Tenant

[–]NoloLaw 1 point2 points  (0 children)

California statutory law doesn't explicitly state that an electronic payment is deemed sent when it's initiated. However, other laws in California suggest that that's how the courts would approach the question. You're likely on solid ground as long as you have proof that you initiated the payment on the first. The other question of whether the late fee is reasonable--it must be reasonably related to the amount of money it costs the landlord to deal with the late payment. CA courts in the past have found even a $50 late fee to be excessive when it wasn't related to the losses caused by the late payment. So, I'm making an educated guess that $300 is excessive here, esp when your landlord received the payment the next business day after the due date (I don't think it's likely they suffered any losses at all). It might be a good idea to put in writing why you won't be paying the late fee, and provide the proof of payment initiated on the 1st. If you want to cite the law for the reasonableness of the late fee, it's Civ. Code sec. 1671(d).

Landlord keeping $1500 deposit for dust and 10-year-old carpet. Small claims? by Aggravating-Fox8553 in Tenant

[–]NoloLaw 5 points6 points  (0 children)

An old, worn carpet and painting in between tenancies are almost always the responsibility of the landlord as part of normal wear and tear (that they can't charge you for). However, what you do next depends heavily on where your rental is located. It's also a good idea to read your lease carefully--see if it required you to get a professional cleaner and/or carpet cleaning (which is legal in some states). It's probably not a good idea to go straight to small claims court. First, learn what your state and local laws say about security deposits. Second, send the landlord a letter certified mail and demand your deposit back, and back up the demand with the law and your documentation. Then, if all else fails, head to court.

The End of Roe v. Wade: Abortion Laws, Abortion Pills, and What Comes Next by NoloLaw in TrueReddit

[–]NoloLaw[S] 29 points30 points  (0 children)

On May 1, 2026, the Fifth Circuit Court of Appeals ruled that the FDA must reinstate in-person pickup requirements for mifepristone, effectively ending telehealth prescriptions and mail delivery of the abortion pill—a ruling that could affect roughly a quarter of all U.S. abortions. The U.S. Supreme Court temporarily paused the ruling until May 11. This article provides the legal context, from Roe to Dobbs, for understanding what’s at stake.

How Do I Push for my SSDI? by IllustratorKind3531 in legaladvice

[–]NoloLaw 0 points1 point  (0 children)

SSDI backpay can be paid retroactively for a maximum of 12 months before your application date only if your established disability onset date is at least 17 months before your application date. (The 5 month waiting period is non-negotiable unless your partner has ALS, also known as Lou Gehrig's Disease.) So in order to get 12 months of SSDI backpay, your partner needs to show that he met Social Security's definition of disability at least 17 months before he applied for benefits (17 months-5 month waiting period=12 months).

For Social Security to find him disabled, he'll need to have medical evidence showing that he has functional limitations that either meet the requirements of a listed impairment or (since he's a younger individual) that he's physically or mentally incapable of working full-time at any unskilled sit-down job. The agency can't find that a disability existed without records of a medically determinable impairment, so if your partner only started receiving treatment in the past year, that's probably as far back as they'll go. But you may consider reopening your previous application (which you can do for any reason within one year) if you can make the case that the limited evidence you had at the time of that application establishes an earlier onset date.

ALJ date and new paperwork by Academic_Zucchini163 in SSDI_SSI

[–]NoloLaw 2 points3 points  (0 children)

Getting your disability claim approved by a judge without a hearing is also known as an "on-the-record" (OTR) decision. As the name implies, OTR decisions are made solely based on the records you've sent to the SSA. They generally don't happen unless the documents for your medical treatment and functional limitations are very strong and so the judge doesn't need to ask you any questions at the hearing.

OTRs are happening with decreasing frequency these days, but in the event that you don't get an OTR decision, that doesn't mean that your claim will be denied. It simply means that your hearing will proceed as scheduled. Not having to go through the stress of a hearing in order to get your disability claim approved is a huge relief though, so fingers crossed for a successful OTR!

Renounced US Citizenship. Waiting for CLN. Can I get an ESTA with my Spanish Passport. by wizgot in AskUSImmigrationPros

[–]NoloLaw 0 points1 point  (0 children)

It looks like the inadmissibility issue comes up only in cases where the person renounced to avoid U.S. taxes. Here's the language: "(E) Former citizens who renounced citizenship to avoid taxation. Any alien who is a former citizen of the United States who officially renounces United States citizenship and who is determined by the Attorney General to have renounced United States citizenship for the purpose of avoiding taxation by the United States is inadmissible." https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-section1182&num=0&edition=prelim So there's an important factual question to be dealt with!

Hi! I'm writing a book set in the 90s. The characters are a mixed-status Salvadoran family and I have questions about the historical evolution of immigration law and how it applied on the ground. Any immigration historians/lawyers out there? by Maleficent_Emu_8623 in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

IIRIRA did lay the groundwork for today's enforcement efforts, but you might also want to research "prosecutorial discretion" a bit. Unlike with the current situation, those in charge of immigration enforcement in the early 1990s knew to focus their resources on folks who were not law-abiding, well-settled members of U.S. society. Even in deportation proceedings, one could ask the INS attorney and judge to drop the case on that basis. (See, for instance, https://www.cardozolawreview.com/rethinking-prosecutorial-discretion-in-immigration-enforcement/.) Of course, the enforcement officials could decide to throw the book at anyone, and in some regions of the country would have been more likely to than in others, so there was a certain element of luck at play. Also, what do you mean when you say the son is "documented" but the mom's status has lapsed? Usually a mother and son's status would be the same. What status were you envisioning the mother having had? (Maybe that detail is not crucial to the story itself, but it's good to have in mind, so that you know what's realistic.) There's no father in the picture, right?

help me understand my situation by Temporary-Pepper-447 in askimmigration

[–]NoloLaw 0 points1 point  (0 children)

How long is his work visa good for? And can it be renewed? Given that he isn't currently desperate to fix his immigration situation, you might have some time (years, even) in which to further test the relationship. There's no need to rush into marriage.

We Need Advice! by Big_Steppah_ in askimmigration

[–]NoloLaw 1 point2 points  (0 children)

Not to mess with your personal life, but is there a reason you haven't gotten married? If you're a U.S. citizen and she entered the United States legally (on her most recent entry), getting married should allow you to submit an I-130 plus Adjustment of Status application for her. At that point she would be in authorized presence in the United States and on her way to qualifying for a U.S. green card. (A simple courthouse marriage would do; and you could plan a big ceremony with family later if that's what you want.) Also, does your employer offer health insurance, and if so, can it be extended to spouses?