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Old 03-07-2009, 03:02 PM
 
739 posts, read 1,848,029 times
Reputation: 816

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Quote:
Originally Posted by Clinton167 View Post
Ok, so if this does go to small claims court, I guess I don't have too much to worry about. I don't think I am going to email her again, as I did write her a letter which she received this morning stating that I consulted a lawyer who assures me I am solid legal ground, and reiterating the reasons I would not move in. Hopefully she is bluffing, but it will be interesting to see the repercussions on her if this does end up in court.
Clinton, it might be illegal for her to even have a roommate, paying rent to her and not the landlord. Most rentals don't allow subleasing. Have a little word of prayer with the landlord and ask if her contract permits subleasing or not. If she isn't allowed, she's technically estopped from making a lawsuit over breach of lease since the sublease is illegal.

What a stupid woman she must be.
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Old 03-07-2009, 05:18 PM
 
92 posts, read 257,096 times
Reputation: 26
It's not that I want her arrested or her apartment searched or whatever - I don't really care what happens to her and her drugs. I just wanted to be sure that I had every right to refuse to move in and pay rent when she smokes drugs in there. If I don't have that right, then I think I would lose a little bit of faith in the judicial system. Surely I am within my rights to protect my health and my status by not moving in with her? We'll just see what happens, I guess, but I still have to shake my head in disbelief at the image of her standing in court admitting to drug use.
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Old 03-07-2009, 05:54 PM
 
Location: Portland, Oregon
10,990 posts, read 20,562,477 times
Reputation: 8261
And, if the poster works for an employer that conducts drug testing (for example, a fender bender in the company vehicle) he could get fired. If a person is exposed to pot smoke they will test positive for an extended period of time.

I would not worry about the friend taking legal action for his refusal to move in under these circumstances. BTW, there is a reason why a lease must be in writing in most states. Lacking a lease, month to month tenancy is assumed.
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Old 03-08-2009, 04:17 PM
 
Location: Lakewood OH
21,695 posts, read 28,442,276 times
Reputation: 35863
Quote:
Originally Posted by ExNooYawk View Post
Clinton, it might be illegal for her to even have a roommate, paying rent to her and not the landlord. Most rentals don't allow subleasing. Have a little word of prayer with the landlord and ask if her contract permits subleasing or not. If she isn't allowed, she's technically estopped from making a lawsuit over breach of lease since the sublease is illegal.

What a stupid woman she must be.
I missed this part. ExNooYawk you are correct. I asked my own landlord and he said that in most rental contracts it states that if a person other than the renter moves in the owner must be notified; that is if subleasing is allowed. In his buildings it is not. If it is a roommate situation and not a sublease the owner still has the right to approve or not the new tenant.

You may want to casually ask your friend if she has asked her landlord's permission. I doubt she has. Put it in her head that she is doing several illegal things that could get her into way more trouble than she is trying to create for you.
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Old 03-13-2009, 12:35 AM
 
92 posts, read 257,096 times
Reputation: 26
Ok, so as I haven't heard from her in a week, I thought this had all gone away, but at the university tonight there was some law forum thing, and apparently she was asking the lawyer if she could get in trouble in court if she admitted to smoking pot. The lawyer said no. So now she is more than likely to be filing a claim against me as she doesn't have any drug related repercussions to be scared of.
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Old 03-13-2009, 01:37 AM
 
Location: Florida
6,266 posts, read 19,163,378 times
Reputation: 4752
Seriously dude you need to forget the entire incident. She can't do anything........let me repeat anything to you. She is probably asking legal advice in the event that YOU can get her in trouble. Maybe she's as worried about that as you are about her. Sheeeeeeeesh. Forget her.
How do you know she was even asking someone for free legal advice and what was said?

I'll trade a couple of my problems with you. You would be on anxiety medication if you had to deal with some of my issues.

Quote:
Originally Posted by Clinton167 View Post
Ok, so as I haven't heard from her in a week, I thought this had all gone away, but at the university tonight there was some law forum thing, and apparently she was asking the lawyer if she could get in trouble in court if she admitted to smoking pot. The lawyer said no. So now she is more than likely to be filing a claim against me as she doesn't have any drug related repercussions to be scared of.
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Old 03-13-2009, 02:39 PM
 
Location: Portland, Oregon
10,990 posts, read 20,562,477 times
Reputation: 8261
I agree with DreamWeavin. She is worried about trouble coming to her door, not making trouble for you at the moment.

The fact that your immigration status makes co-tenancy with a pot smoker untenable ends the matter, IMHO.
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