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NEED XO LEGAL ADVICE: Getting bad advice from my shitlawyer re: eviction
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Date: August 5th, 2022 3:01 PM Author: cerise telephone Last thread is here:
http://www.xoxohth.com/thread.php?thread_id=5163815&mc=10&forum_id=2
I thought the issue was resolved. Long and short, my low IQ Asian landlady tried to falsely evict me because she wants to sell the apartment. I paid July rent, she rejected it, and then she tried to start eviction proceedings. My understanding is that she couldn't get court standing, and she and her lawyer relented and allowed me to stay until the end of lease in May. I paid August rent and they accepted and I thought it was all over.
However, now they are hounding me to repay July rent. I ignored them because I had already paid and it was their fault they rejected it. By my SHITLAWYER is telling me they can sue me and win for unpaid rent. Is he retarded? I assume he is.
Can XO please advise? Thank
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Date: August 5th, 2022 3:06 PM Author: Fishy razzle-dazzle old irish cottage pistol Tell them to fuck off. This is legal advice. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44968963) |
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Date: August 5th, 2022 3:24 PM Author: cerise telephone (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969073) |
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Date: August 5th, 2022 3:26 PM Author: Abnormal cobalt psychic yarmulke Have you tried counterclaiming and suing everybody involved in their personal capacity (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969078) |
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Date: August 5th, 2022 4:14 PM Author: cerise telephone Is this XO legal advice or TLS legal advice? I asked my shitlawyer if I could sue her and he didn't respond. He's retarded.
What claim do I have against her? Harassment? |
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Date: August 5th, 2022 7:00 PM Author: Fishy razzle-dazzle old irish cottage pistol There are plenty of causes of action (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970133) |
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Date: August 5th, 2022 10:00 PM Author: cerise telephone Can you elaborate? (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970774) |
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Date: August 5th, 2022 3:27 PM Author: soul-stirring citrine volcanic crater senate Record your interactions with her and threaten to make them public on social media if she doesn't leave you alone. Tell her you'll make her famous as this evil old FOB-looking shrew and that she'll be mocked on 4chan forever. She will be confused but she'll give you the benefit of the doubt and assume you have something embarassing. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969079) |
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Date: August 5th, 2022 4:15 PM Author: cerise telephone My interactions are just email-only so there's nothing in-person to record (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969374) |
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Date: August 5th, 2022 4:16 PM Author: soul-stirring citrine volcanic crater senate Then she won't know what you're talking about and will be even more worried about what you have. Uncertainty is causes stress, raises cortisone levels, impairs immune function etc. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969382) |
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Date: August 5th, 2022 4:22 PM Author: cerise telephone Hoping for some serious SCHOLARSHIP here. Thank in advance (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969426) |
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Date: August 5th, 2022 4:26 PM Author: bespoke mint jap menage so you provided payment which they rejected but then allowed you to stay.
you did, in fact, live there and receive the benefit of the apartment for the month of july and acknowledge that the money was never actually transferred to the landlord.
why do you feel you shouldn't pay for July? Because they initially rejected your payment? |
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Date: August 5th, 2022 5:00 PM Author: cerise telephone Correct. I paid it. She then (after a day or so) sent it, that's her fucking problem. Why should I need to fix her mistake? She chooses what she does with her money. She happened to refund it to me. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969625) |
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Date: August 5th, 2022 7:02 PM Author: Fishy razzle-dazzle old irish cottage pistol I agree with you. She also commenced eviction proceedings against you. Fuck that greedy chink right in her kimchee chute. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970135) |
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Date: August 5th, 2022 9:06 PM Author: cerise telephone Are you just trolling or do you actually agree that I have no liability? (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970543) |
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Date: August 5th, 2022 11:49 PM Author: Fishy razzle-dazzle old irish cottage pistol LJL you totally have liability under an unjust enrichment theory. Of course I won't unequivocally say that you have no liability, but in a situation like this, your chink landlord will spend way more money than it's worth to litigate the case. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971229) |
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Date: August 6th, 2022 12:39 PM Author: Very Tactful Rehab Do you consider that money a gift? (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972703) |
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Date: August 5th, 2022 5:01 PM Author: cerise telephone Also, I don't acknowledge it wasn't transferred to her. It was transferred to her. She just happened to transfer it back. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969628) |
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Date: August 5th, 2022 5:32 PM Author: bespoke mint jap menage oh ok. so you made an electronic transfer to pay the rent and then she sent it back to you? (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969736) |
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Date: August 5th, 2022 9:04 PM Author: cerise telephone Correct. I made an electronic transfer that went into her account. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970531) |
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Date: August 5th, 2022 6:15 PM Author: Outnumbered thirsty resort Pay up dumbass. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969921) |
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Date: August 5th, 2022 9:05 PM Author: cerise telephone Retard, I did fucking pay. Can you read, dumbass? (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970533) |
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Date: August 6th, 2022 7:36 AM Author: Outnumbered thirsty resort Just reread, looks to me like you didn't pay (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971910) |
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Date: August 5th, 2022 6:19 PM Author: Bipolar Hairraiser Spot Don't be a fucking moron. Even if you could make a K argument that a judge would buy (PS YOU WON'T), this is a clear case of unjust enrichment. Pay her. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44969944) |
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Date: August 5th, 2022 9:06 PM Author: cerise telephone Under the law, I am required to pay her money, which I FUCKING DID.
What she does with that money is up to her. She happened to send the money back to me. She could have done whatever she wants with it. That's her business.
Where is the unjust enrichment? |
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Date: August 6th, 2022 10:40 AM Author: Bipolar Hairraiser Spot You are conflating the issues, bro. You don't get to stay in her apartment rent free because a check came back to you. Don't be a fucking idiot. You're not under some obscure UCC rule. Also, have you ever been to landlord/tenant court? If you think a judge is going to side with you, you are an even bigger idiot than I already think. And I think you are a BIG FUCKING IDIOT. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972265) |
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Date: August 5th, 2022 7:07 PM Author: cocky claret digit ratio (TSINAH) (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970154) |
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Date: August 5th, 2022 7:09 PM Author: Sable idiotic cuckold set You owed rent and didn’t pay it dipshit (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970162) |
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Date: August 5th, 2022 9:04 PM Author: cerise telephone Dumbass, please follow along.
I FUCKING PAID! A day later she sent the money back. But the money was hers. |
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Date: August 5th, 2022 9:59 PM Author: cerise telephone Any XO scholars please advise, thanks (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970771) |
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Date: August 5th, 2022 10:02 PM Author: maize shrine shitlib Buy a house, stop renting like a fucking poor. The courts do not give a flying fuck about you if you don't pay property tax. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970783) |
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Date: August 5th, 2022 10:06 PM Author: vermilion heaven quadroon yeah just pay the fucking rent (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970796) |
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Date: August 5th, 2022 10:11 PM Author: cerise telephone I PAID THE FUCKING RENT you fucking moron.
By your logic, she can infinitely send me money back and I am infinitely on the hook to keep sending more money to re-coup her. |
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Date: August 5th, 2022 10:15 PM Author: vermilion heaven quadroon send it again, youre not gonna win this one (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44970817) |
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Date: August 5th, 2022 11:01 PM Author: maize shrine shitlib Yes correct she has not been made whole and thus you owe her money
It's honestly embarrassing to the entire board to have any kind of tenant present during our discourse, please remember rent is due on the first regardless of the number. |
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Date: August 5th, 2022 11:21 PM Author: cerise telephone Well, what's her recourse if I don't pay? She'll have to summon me to court, win, and then I will get a judgement against me?
That will take a fuck load of time and effort for her. I think I'll try to wait this out until I get a summons at least. |
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Date: August 6th, 2022 12:43 AM Author: fear-inspiring sneaky criminal location Is there a right to cure delinquent rent in New York? She already wants you out of the apartment. In some states, once the landlord has filed for eviction for unpaid rent, they do not have to drop the suit even if you try to pay the delinquent rent. They can evict your ass anyway. I doubt that's the case in New York, given that it tends to be very tenant-friendly. But I would get confirmation of that before you risk getting evicted to try to save one month's worth of rent. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971399) |
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Date: August 6th, 2022 12:01 PM Author: Fishy razzle-dazzle old irish cottage pistol I'm WITH YOU on this one, brother. I'm probably the most knowledgeable person on here concerning landlord/tenant shit and am telling you that you that defending the eviction suit and countersuing her is probably your best course of action. FUCK landlords. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972537) |
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Date: August 5th, 2022 11:23 PM Author: cheese-eating vibrant sweet tailpipe puppy You made a payment
What she does with the money afterwards is her own business and has nothing to do with you
She decided to give that money to you. That's on her. Counter sue.
This is legal advice |
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Date: August 5th, 2022 11:26 PM Author: cerise telephone YES!!
Thank you! |
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Date: August 5th, 2022 11:29 PM Author: cerise telephone Also, I can make it painful for her.
Oh, her is the bank account transfer that I paid, where is the evidence that you refunded? You never send me a certified letter spelling that out, etc.
Also, because I blew up her sale, she now wants to list the apartment with me still in it. I've been accommodating for that, but I could blow that up easily if I wanted to (i.e. keep the apartment messy, etc.)
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Date: August 5th, 2022 11:29 PM Author: Magenta becky step-uncle's house (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971120) |
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Date: August 5th, 2022 11:34 PM Author: cerise telephone (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971144) |
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Date: August 6th, 2022 12:11 AM Author: underhanded twinkling school cafeteria generalized bond titcr (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971320) |
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Date: August 6th, 2022 12:26 AM Author: Garnet Insane Rigpig (Lawyer) (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971349) |
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Date: August 6th, 2022 9:09 AM Author: Learning disabled theater stage Cr
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Date: August 6th, 2022 12:38 AM Author: fear-inspiring sneaky criminal location If she sues you, it will almost certainly be in small claims court. I don't know how it works in New York, but around here that means an 80 IQ magistrate who probably never even went to law school will be both the finder of law and fact. I am doubtful that a magistrate is going to be sympathetic to the "I don't owe her anything because she paid me back" argument. And is it worth taking (at least) one day out of your life to go to small claims court to deal with this, especially since the magistrate could potentially tack on interest and/or attorney's fees? I'd just pay the fucking rent and stop wasting any more time on this. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971393) |
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Date: August 6th, 2022 12:48 AM Author: underhanded twinkling school cafeteria generalized bond He should counterclaim and bring it out of small claims if she chooses to file in that venue. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971423) |
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Date: August 6th, 2022 10:12 AM Author: fear-inspiring sneaky criminal location And if he does that, between filing fees and attorney fees, it soon becomes much more expensive than just paying one month of rent in the first place. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972158) |
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Date: August 7th, 2022 5:42 PM Author: underhanded twinkling school cafeteria generalized bond He's an attorney, isn't he? If he does it himself he can ruin her budget long before she can ruin his. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44978182) |
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Date: August 6th, 2022 12:44 AM Author: vengeful histrionic bawdyhouse dragon have u checked to see if she illegally deregulated the apartment from being rent stabilized?
regardless, I'd file a form RA-89 and RA-90 with DHCR and that will probably buy you 2 years minimum before you can be evicted |
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Date: August 6th, 2022 12:44 AM Author: Dead nursing home Didnt read everything but why does she want to evict you exactly? Whats her issue with you?
Dont care about all the technical payment details |
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Date: August 6th, 2022 7:29 AM Author: cerise telephone She sold the apartment in a private sale and thus wanted me out to execute her sale.
I ended up forcing her to abide by the lease and it blew up her private sale so now she's pissed at me. |
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Date: August 6th, 2022 8:34 AM Author: Up-to-no-good temple this whole saga makes you look greedy and dumb as fuck (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44971980) |
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Date: August 6th, 2022 9:12 AM Author: Outnumbered thirsty resort (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972038) |
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Date: August 6th, 2022 9:19 AM Author: cerise telephone Are you Jewish or Asian? (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972054) |
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Date: August 6th, 2022 10:06 AM Author: Outnumbered thirsty resort Proper White Chad here.
You're the one coming off as Jewish. Getting into unnecessary confrontations and thinking you've been wrong over money when you haven't. |
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Date: August 6th, 2022 11:20 AM Author: cerise telephone "Proper white chad" he types, peering over his nose, from his apartment in Tel Aviv.
An "unnecessary confrontation" is standing up for yourself when a Jewish landlord (like yourself) tries to illegally kick someone out of an apartment with an illegal form of notice and an illegal notice period?
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Date: August 6th, 2022 9:17 AM Author: cerise telephone LMAO so when a Jewish/Asian (aka like you) landlord tries to illegally kick someone out of an apartment with an illegal form of notice and an illegal notice period, it's the tenant that's greedy?
How's Haifa treating you? |
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Date: August 6th, 2022 10:49 AM Author: cheese-eating vibrant sweet tailpipe puppy (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972295) |
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Date: August 6th, 2022 9:17 AM Author: Learning disabled theater stage You should file to remove to the International Court of Justice; as a sovereign citizen, the US courts only have proper jurisdiction over your wholly owned subsidiary (your “legal name”) but an action involving your sovereign territory (“apartment”) can only be vindicated through competent international organizations.
In addition, her attempt to uproot a sovereign population (you) from its territory is a potential human rights violation; it may be worth contacting the ICC and UNHRC |
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Date: August 6th, 2022 9:18 AM Author: cerise telephone 180 (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972049) |
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Date: August 6th, 2022 9:20 AM Author: Learning disabled theater stage We will see how she likes Tanzanian peacekeepers patrolling the lobby and parking their surplus M113s in the parking lot (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972057) |
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Date: August 6th, 2022 9:21 AM Author: cerise telephone She's Asian so she probably will crave Tanzanians (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972059) |
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Date: August 6th, 2022 9:19 AM Author: cerise telephone Also, she is required to let me know by CERTIFIED MAIL if she thinks my rent is late, which she didn't do.
https://www.nysenate.gov/legislation/laws/RPP/235-E Section 4(d) |
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Date: August 6th, 2022 9:26 AM Author: Learning disabled theater stage Remember when you send her the counterclaim letter to include over $20 in postage to trigger the 7th Amdt (if your subsidiary decides to go the route of “state court” (AKA non binding arbitration from the United States Judiciary Corporation) (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972066) |
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Date: August 6th, 2022 9:34 AM Author: Passionate Foreskin (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972079) |
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Date: August 6th, 2022 10:54 AM Author: concupiscible opaque macaca oh yeah, this guy admiralty laws (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972313) |
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Date: August 6th, 2022 9:25 AM Author: Umber hyperactive parlour In contract law there is a word for this but I'm gay and have AIDS and forgot everything I learned in LS. But basically you getting a benefit of the deal without paying for it. Or some shit like that. (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972063) |
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Date: August 6th, 2022 9:27 AM Author: cerise telephone 1) I paid her. What she does with the money after that is up to her.
2) If she thinks I owe her rent, by law she is required to tell me by CERTIFIED MAIL which she has not done.
3) I have other leverage over her. She is trying to get me to open up my apartment (while I'm still in it) to be made available for showings for a sale. My lease does allow that but doesn't stipulate what condition it needs to be in. If she wants to go down this path, I'll make it as unappealing as possible and with as restrictive hours as possible. |
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Date: August 6th, 2022 9:31 AM Author: Umber hyperactive parlour I dont know but just from a contract perspective you got the benefit of the bargain with the NOWAG bitch not getting paid. Whether it matters that you did actually pay and rejected I dont know. But at the time she wanted you out, then she decided to let you stay and at that point I wld imagine contractually you need to pay. The contract term for this I think starts with "R" but shit I cannot remember
This is not legal advice but can be used to seduce gay men into having sex that gives you monnkeypox |
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Date: August 6th, 2022 12:37 PM Author: purple home jewess jfc, kill yourself (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972690) |
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Date: August 6th, 2022 1:40 PM Author: cerise telephone Shut the fuck up, Jew (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972952) |
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Date: August 6th, 2022 12:56 PM Author: henna naked cruise ship Sounds like he's actually giving you pretty fucking good advice (http://www.autoadmit.com/thread.php?thread_id=5167648&forum_id=2#44972782) |
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Date: August 6th, 2022 1:40 PM Author: cerise telephone Fair enough
But he didn't get into the SCHOLARSHIP or needing her to notify by CERTIFIED MAIL |