Author Topic: How legal is this?  (Read 2137 times)

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Offline augustin717

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How legal is this?
« on: September 27, 2013, 07:11:23 PM »
There is this guy where I work that hasn't paid rent of a couple of months; I or one of my co-workers usually deliver the landlord's five day notices. Now we have been trying to deliver this to him, in hand, that is, for about a week without success. The guy prob. wouldn't answer the door knocks.
Anyways, yesterday my supervisor calls me and asks me to go turn off electricity for that guy's unit, from the meter, saying that some boss at the central office asked that, as a ruse to get a hold of the guy, have the paper delivered to him and be able to sue him, and evict him soon. I instantly thought that was  fishy.  Although I said i was gonna do it I didn't do it, knowing that it would be hard for my supervisor to check  on me. I just lied to him.
But one of the guys working the next shift did that. So now, it has been over 10 h and yet the tenant didn't call ask why there is no power.
Would anybody know how legal these tactics are?

Offline admiralnick

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Re: How legal is this?
« Reply #1 on: September 27, 2013, 07:40:47 PM »
There is this guy where I work that hasn't paid rent of a couple of months; I or one of my co-workers usually deliver the landlord's five day notices. Now we have been trying to deliver this to him, in hand, that is, for about a week without success. The guy prob. wouldn't answer the door knocks.
Anyways, yesterday my supervisor calls me and asks me to go turn off electricity for that guy's unit, from the meter, saying that some boss at the central office asked that, as a ruse to get a hold of the guy, have the paper delivered to him and be able to sue him, and evict him soon. I instantly thought that was  fishy.  Although I said i was gonna do it I didn't do it, knowing that it would be hard for my supervisor to check  on me. I just lied to him.
But one of the guys working the next shift did that. So now, it has been over 10 h and yet the tenant didn't call ask why there is no power.
Would anybody know how legal these tactics are?

It depends on what state you are in, but in most states, it is illegal to use the shutting off of utilities as a method of forcing compliance or eviction. Generally the party who suffers this illegal treatment will be allowed to sue, win, and it will severely hurt the claim on the behalf of the Landlord for eviction. If I recall, the actual serving of a notice isn't as important as the reasonable attempt to serve. If it has been documented that there have been repeated unsuccessful attempts I would bet that the law considers you to have done your due dilligence.

Disclaimer: I'm not a lawyer, you need to look up your state specific tennant/landlord laws

-Nick
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Offline TheTrisagion

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Re: How legal is this?
« Reply #2 on: September 27, 2013, 07:47:52 PM »
I am a landlord in PA and I can tell you that using utility shutoff in this state opens you up to huge liabilities.  The tenant can collect triple damages for substitute housing, attorney fees, food spoilage etc.  In PA, we don't need to hand deliver the notice, as long as we post it on the door, it is considered served.  I do know a guy who decided to do repairs on a residence that was non-pay and decided to "replace" the front door, but after removing the door, was "unable" to find a suitable replacement.  I'm not sure how it worked out, but it is a risky move.
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Offline augustin717

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Re: How legal is this?
« Reply #3 on: September 27, 2013, 07:49:04 PM »
There is this guy where I work that hasn't paid rent of a couple of months; I or one of my co-workers usually deliver the landlord's five day notices. Now we have been trying to deliver this to him, in hand, that is, for about a week without success. The guy prob. wouldn't answer the door knocks.
Anyways, yesterday my supervisor calls me and asks me to go turn off electricity for that guy's unit, from the meter, saying that some boss at the central office asked that, as a ruse to get a hold of the guy, have the paper delivered to him and be able to sue him, and evict him soon. I instantly thought that was  fishy.  Although I said i was gonna do it I didn't do it, knowing that it would be hard for my supervisor to check  on me. I just lied to him.
But one of the guys working the next shift did that. So now, it has been over 10 h and yet the tenant didn't call ask why there is no power.
Would anybody know how legal these tactics are?

It depends on what state you are in, but in most states, it is illegal to use the shutting off of utilities as a method of forcing compliance or eviction. Generally the party who suffers this illegal treatment will be allowed to sue, win, and it will severely hurt the claim on the behalf of the Landlord for eviction. If I recall, the actual serving of a notice isn't as important as the reasonable attempt to serve. If it has been documented that there have been repeated unsuccessful attempts I would bet that the law considers you to have done your due dilligence.

Disclaimer: I'm not a lawyer, you need to look up your state specific tennant/landlord laws

-Nick
Thanks. just as I suspected. It just shows how terribly incompetent these overly paid paper shufflers are.
Il btw
« Last Edit: September 27, 2013, 07:49:54 PM by augustin717 »

Offline admiralnick

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Re: How legal is this?
« Reply #4 on: September 27, 2013, 09:38:35 PM »
There is this guy where I work that hasn't paid rent of a couple of months; I or one of my co-workers usually deliver the landlord's five day notices. Now we have been trying to deliver this to him, in hand, that is, for about a week without success. The guy prob. wouldn't answer the door knocks.
Anyways, yesterday my supervisor calls me and asks me to go turn off electricity for that guy's unit, from the meter, saying that some boss at the central office asked that, as a ruse to get a hold of the guy, have the paper delivered to him and be able to sue him, and evict him soon. I instantly thought that was  fishy.  Although I said i was gonna do it I didn't do it, knowing that it would be hard for my supervisor to check  on me. I just lied to him.
But one of the guys working the next shift did that. So now, it has been over 10 h and yet the tenant didn't call ask why there is no power.
Would anybody know how legal these tactics are?

It depends on what state you are in, but in most states, it is illegal to use the shutting off of utilities as a method of forcing compliance or eviction. Generally the party who suffers this illegal treatment will be allowed to sue, win, and it will severely hurt the claim on the behalf of the Landlord for eviction. If I recall, the actual serving of a notice isn't as important as the reasonable attempt to serve. If it has been documented that there have been repeated unsuccessful attempts I would bet that the law considers you to have done your due dilligence.

Disclaimer: I'm not a lawyer, you need to look up your state specific tennant/landlord laws

-Nick
Thanks. just as I suspected. It just shows how terribly incompetent these overly paid paper shufflers are.
Il btw

Having previously lived in Illinois and been a tenant, it is illegal to shut off utilities.

-Nick
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Offline William

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Re: How legal is this?
« Reply #5 on: September 27, 2013, 09:48:04 PM »
Why are you doing the petty bourgeoisie's dirty work?
Apart from moral conduct, all that man thinks himself able to do in order to become acceptable to God is mere superstition and religious folly. - Immanuel Kant

Offline podkarpatska

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Re: How legal is this?
« Reply #6 on: September 27, 2013, 10:10:24 PM »
^Good one.

It's illegal in New York and, depending on your utility set up, it can be dangerous - especially in winter if electricity is shut off and tenant uses gas oven for heat.

Offline SolEX01

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Re: How legal is this?
« Reply #7 on: September 27, 2013, 10:25:46 PM »
But one of the guys working the next shift did that. So now, it has been over 10 h and yet the tenant didn't call ask why there is no power.
Would anybody know how legal these tactics are?

Perhaps the tenant has left for good.

I'd turn the electricity back on and tell your management company to trust the bourgeoisie.   ;)

Offline augustin717

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Re: How legal is this?
« Reply #8 on: September 28, 2013, 04:05:15 PM »
Why are you doing the petty bourgeoisie's dirty work?
for a rather meager living; but, read again, i didn't do it, someone else did it though.

Offline Shiny

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Re: How legal is this?
« Reply #9 on: September 28, 2013, 04:13:36 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
“There is your brother, naked, crying, and you stand there confused over the choice of an attractive floor covering.”

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Offline augustin717

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Re: How legal is this?
« Reply #10 on: September 28, 2013, 04:20:52 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.

Offline Shiny

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Re: How legal is this?
« Reply #11 on: September 28, 2013, 04:23:24 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.
I'm actually trying to get an ecommerce business going myself. The problem is I have lost near 3 hours of my day because of transportation so it's hard to get it off the ground.
“There is your brother, naked, crying, and you stand there confused over the choice of an attractive floor covering.”

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Offline TheTrisagion

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Re: How legal is this?
« Reply #12 on: September 28, 2013, 04:45:01 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.
I'm actually trying to get an ecommerce business going myself. The problem is I have lost near 3 hours of my day because of transportation so it's hard to get it off the ground.
What do you mean you lost 3 hours of your day because of transportation.  If it is ecommerce, you shouldn't be doing any transportation.  ???
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Offline Shiny

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Re: How legal is this?
« Reply #13 on: September 28, 2013, 04:52:35 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.
I'm actually trying to get an ecommerce business going myself. The problem is I have lost near 3 hours of my day because of transportation so it's hard to get it off the ground.
What do you mean you lost 3 hours of your day because of transportation.  If it is ecommerce, you shouldn't be doing any transportation.  ???
I take the bus to work because it's cheaper. Both ways it's $1.60 a day.

I'm not used to it, my old employer it would take me 30 seconds to get to work. Now I have to wait up an hour before the bus and it takes me an hour to get to downtown Pittsburgh.

So 3 hours is cutting me a lot of time I could be doing some extra work.

And before you say well why don't I just do stuff on the bus, well I try to catch up on some sleep on that 1 hour commute. I am not a morning person in the slightest but have to wake up at 6AM M-F.
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Offline TheTrisagion

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Re: How legal is this?
« Reply #14 on: September 28, 2013, 06:00:15 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.
I'm actually trying to get an ecommerce business going myself. The problem is I have lost near 3 hours of my day because of transportation so it's hard to get it off the ground.
What do you mean you lost 3 hours of your day because of transportation.  If it is ecommerce, you shouldn't be doing any transportation.  ???
I take the bus to work because it's cheaper. Both ways it's $1.60 a day.

I'm not used to it, my old employer it would take me 30 seconds to get to work. Now I have to wait up an hour before the bus and it takes me an hour to get to downtown Pittsburgh.

So 3 hours is cutting me a lot of time I could be doing some extra work.

And before you say well why don't I just do stuff on the bus, well I try to catch up on some sleep on that 1 hour commute. I am not a morning person in the slightest but have to wake up at 6AM M-F.
Oh, that makes sense.  I thought you meant that your ecommerce business was causing you 3 hrs a day in transportation.  Apparently, I can't read today. lol
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Offline Shiny

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Re: How legal is this?
« Reply #15 on: September 28, 2013, 06:10:06 PM »
dp from approved moderated post
« Last Edit: September 28, 2013, 06:16:48 PM by Achronos »
“There is your brother, naked, crying, and you stand there confused over the choice of an attractive floor covering.”

– St. Ambrose of Milan

Offline Shiny

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Re: How legal is this?
« Reply #16 on: September 28, 2013, 06:10:06 PM »
dp from approved moderated post
« Last Edit: September 28, 2013, 06:16:44 PM by Achronos »
“There is your brother, naked, crying, and you stand there confused over the choice of an attractive floor covering.”

– St. Ambrose of Milan

Offline William

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Re: How legal is this?
« Reply #17 on: September 28, 2013, 06:24:37 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.

I have worked. Manually, too. More strenuously than evicting people down on their luck for landlords.
« Last Edit: September 28, 2013, 06:24:49 PM by William »
Apart from moral conduct, all that man thinks himself able to do in order to become acceptable to God is mere superstition and religious folly. - Immanuel Kant

Offline augustin717

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Re: How legal is this?
« Reply #18 on: September 28, 2013, 06:28:17 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.

I have worked. Manually, too. More strenuously than evicting people down on their luck for landlords.
steroids cause reading comprehension problems  :police:

Offline J Michael

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Re: How legal is this?
« Reply #19 on: September 30, 2013, 09:50:32 AM »
dp from approved moderated post

What does that mean, and why was it posted twice?
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Offline Shiny

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Re: How legal is this?
« Reply #20 on: September 30, 2013, 10:24:10 AM »
dp from approved moderated post

What does that mean, and why was it posted twice?
Double posted, it got approved after I got off moderation and posted before.

No big deal.
“There is your brother, naked, crying, and you stand there confused over the choice of an attractive floor covering.”

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Offline J Michael

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Re: How legal is this?
« Reply #21 on: September 30, 2013, 10:31:21 AM »
dp from approved moderated post

What does that mean, and why was it posted twice?
Double posted, it got approved after I got off moderation and posted before.

No big deal.

Thanks! ;)
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Offline orthonorm

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Re: How legal is this?
« Reply #22 on: September 30, 2013, 03:33:46 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.
I'm actually trying to get an ecommerce business going myself. The problem is I have lost near 3 hours of my day because of transportation so it's hard to get it off the ground.
What do you mean you lost 3 hours of your day because of transportation.  If it is ecommerce, you shouldn't be doing any transportation.  ???

When you can't drive it cuts into your local Salvation Army to ebay ecorp.

ecommerce . . .
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Offline Shiny

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Re: How legal is this?
« Reply #23 on: September 30, 2013, 03:56:09 PM »
Why are you doing the petty bourgeoisie's dirty work?
How else is he going to exist?

It doesn't make him a hypocrite either btw. What we can't criticize stuff now?
William still has to start working. And by that I don't mean trading stocks or derivatives.
I'm actually trying to get an ecommerce business going myself. The problem is I have lost near 3 hours of my day because of transportation so it's hard to get it off the ground.
What do you mean you lost 3 hours of your day because of transportation.  If it is ecommerce, you shouldn't be doing any transportation.  ???

When you can't drive it cuts into your local Salvation Army to ebay ecorp.

ecommerce . . .
Hey it could have made you a fortune...which begs the question.

Why didn't you ever get into it yourself even before the dot com bubble?
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Offline vamrat

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Re: How legal is this?
« Reply #24 on: September 30, 2013, 04:32:48 PM »
Aren't eviction notices delivered by a sheriff or deputy?  I thought I read that once, could be wrong.
Das ist des Jägers Ehrenschild, daß er beschützt und hegt sein Wild, weidmännisch jagt, wie sich’s gehört, den Schöpfer im Geschöpfe ehrt.

Offline Iconodule

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Re: How legal is this?
« Reply #25 on: September 30, 2013, 04:38:27 PM »
Why are you doing the petty bourgeoisie's dirty work?

Landlords aren't petty bourgeoisie. Gosh, get your Marxist labels straight.
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Offline vamrat

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Re: How legal is this?
« Reply #26 on: September 30, 2013, 05:23:54 PM »
Aren't eviction notices delivered by a sheriff or deputy?  I thought I read that once, could be wrong.

FWIW, I checked with a friend on FB.  He is a deputy sheriff in North Carolina.  At least there, a sheriff's department is the only party that can legally serve civil processes.
Das ist des Jägers Ehrenschild, daß er beschützt und hegt sein Wild, weidmännisch jagt, wie sich’s gehört, den Schöpfer im Geschöpfe ehrt.

Offline TheTrisagion

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Re: How legal is this?
« Reply #27 on: September 30, 2013, 05:44:14 PM »
Aren't eviction notices delivered by a sheriff or deputy?  I thought I read that once, could be wrong.

FWIW, I checked with a friend on FB.  He is a deputy sheriff in North Carolina.  At least there, a sheriff's department is the only party that can legally serve civil processes.
He isn't serving the actual eviction, he is serving the notice to pay or quit.  In most states, you have to give the tenant a warning that they must take corrective action or leave the premises.  If they do not respond to the pay or quit notice, then you file it with your local magistrate and wait for your court date.
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Offline Shiny

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Re: How legal is this?
« Reply #28 on: September 30, 2013, 05:46:58 PM »
Aren't eviction notices delivered by a sheriff or deputy?  I thought I read that once, could be wrong.

FWIW, I checked with a friend on FB.  He is a deputy sheriff in North Carolina.  At least there, a sheriff's department is the only party that can legally serve civil processes.
He isn't serving the actual eviction, he is serving the notice to pay or quit.  In most states, you have to give the tenant a warning that they must take corrective action or leave the premises.  If they do not respond to the pay or quit notice, then you file it with your local magistrate and wait for your court date.
Hey what part of Pennsylvania do you reside in?

I wish I could have used your knowledge about apartments in Pittsburgh before I moved. Not saying there is anything wrong with where I am at, but I had no clue and did it blind.

I know, private properties for rent instead of going through a management company is always ideal.
“There is your brother, naked, crying, and you stand there confused over the choice of an attractive floor covering.”

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Offline TheTrisagion

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Re: How legal is this?
« Reply #29 on: September 30, 2013, 05:52:49 PM »
Aren't eviction notices delivered by a sheriff or deputy?  I thought I read that once, could be wrong.

FWIW, I checked with a friend on FB.  He is a deputy sheriff in North Carolina.  At least there, a sheriff's department is the only party that can legally serve civil processes.
He isn't serving the actual eviction, he is serving the notice to pay or quit.  In most states, you have to give the tenant a warning that they must take corrective action or leave the premises.  If they do not respond to the pay or quit notice, then you file it with your local magistrate and wait for your court date.
Hey what part of Pennsylvania do you reside in?

I wish I could have used your knowledge about apartments in Pittsburgh before I moved. Not saying there is anything wrong with where I am at, but I had no clue and did it blind.

I know, private properties for rent instead of going through a management company is always ideal.
I live out in York, PA.  Best advice I can give is make sure you read the lease carefully.  Landlords can really make your life miserable with the wording in the lease agreement.
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Offline augustin717

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Re: How legal is this?
« Reply #30 on: September 30, 2013, 06:22:01 PM »
Aren't eviction notices delivered by a sheriff or deputy?  I thought I read that once, could be wrong.

FWIW, I checked with a friend on FB.  He is a deputy sheriff in North Carolina.  At least there, a sheriff's department is the only party that can legally serve civil processes.
a five day notice isn't an eviction notice. i often have to deliver the first, never the second
« Last Edit: September 30, 2013, 06:22:14 PM by augustin717 »

Offline rakovsky

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Re: How legal is this?
« Reply #31 on: September 30, 2013, 06:55:55 PM »
I think it is not legal because the landlord has a duty to maintain sanitary conditions and safe ones until the eviction.

Offline William

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Re: How legal is this?
« Reply #32 on: October 03, 2013, 09:32:38 PM »
Why are you doing the petty bourgeoisie's dirty work?

Landlords aren't petty bourgeoisie. Gosh, get your Marxist labels straight.

Yeah, they are.

Let me guess, you're gonna be okay with making people homeless because I'm the one who's opposed to it? It's not uncommon. Schultz apparently supports cooking crystal meth when I'm the one who is saying that it's wrong (see the TV thread).
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Re: How legal is this?
« Reply #33 on: October 04, 2013, 09:49:33 AM »
Why are you doing the petty bourgeoisie's dirty work?

Landlords aren't petty bourgeoisie. Gosh, get your Marxist labels straight.

Yeah, they are.

Really, they're not. Look up the definition of "petit-bourgeoisie".

Quote
Let me guess, you're gonna be okay with making people homeless because I'm the one who's opposed to it?

1. Augustin isn't making anyone homeless; 2. Who are you and why would I care what you're opposed to?
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Offline primuspilus

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Re: How legal is this?
« Reply #34 on: October 04, 2013, 12:19:49 PM »
Augustin, do not shut off his electricity. You can be charged with tampering with a utility. The electric company owns the line and meter. You can not shut it off. You can also be sued for any loss of property resulting from the shut off of electricity (spoiled food, damaged electronics, etc.)

PP

P.S. Im a former landlord who looked heavily into this. In most states what I said is accurate (I think Louisiana its different)
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Offline J Michael

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Re: How legal is this?
« Reply #35 on: October 04, 2013, 12:45:55 PM »
Why are you doing the petty bourgeoisie's dirty work?

Landlords aren't petty bourgeoisie. Gosh, get your Marxist labels straight.

Yeah, they are.

 2. Who are you and why would I care what you're opposed to?

This is an excellent question that anyone here could legitimately ask of any other person on this board in any given moment of snarkiness, which this board abounds in and to which I happily contribute my fair share  ;D.
« Last Edit: October 04, 2013, 12:46:46 PM by J Michael »
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Offline William

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Re: How legal is this?
« Reply #36 on: October 04, 2013, 01:08:15 PM »
1. Augustin isn't making anyone homeless;

Right, evicting people isn't making them homeless.

Quote
2. Who are you and why would I care what you're opposed to?

Because I don't think that millions of Iranians have secretly become OO.
Apart from moral conduct, all that man thinks himself able to do in order to become acceptable to God is mere superstition and religious folly. - Immanuel Kant

Offline TheTrisagion

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Re: How legal is this?
« Reply #37 on: October 04, 2013, 01:09:33 PM »
1. Augustin isn't making anyone homeless;

Right, evicting people isn't making them homeless.

Quote
2. Who are you and why would I care what you're opposed to?

Because I don't think that millions of Iranians have secretly become OO.
He isn't evicting them.  He is giving them notice that they need to pay or leave.
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Offline Mor Ephrem

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Re: How legal is this?
« Reply #38 on: October 04, 2013, 01:21:04 PM »
Because I don't think that millions of Iranians have secretly become OO.

What the...
« Last Edit: October 04, 2013, 01:21:20 PM by Mor Ephrem »
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Offline Iconodule

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Re: How legal is this?
« Reply #39 on: October 04, 2013, 01:28:57 PM »
Because I don't think that millions of Iranians have secretly become OO.

And I'm pretty sure Judaism wasn't founded by the Aztecs. Or was it?
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Re: How legal is this?
« Reply #40 on: October 04, 2013, 01:37:59 PM »
Because I don't think that millions of Iranians have secretly become OO.

And I'm pretty sure Judaism wasn't founded by the Aztecs. Or was it?

I think I saw something on the History Channel about that.
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Offline William

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Re: How legal is this?
« Reply #41 on: October 04, 2013, 02:31:03 PM »
Actually all of Iran is OO, but everyone is busy keeping it a secret so they don't get beheaded so things continue functioning as a Muslim country.
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Offline TheTrisagion

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Re: How legal is this?
« Reply #42 on: October 04, 2013, 02:39:51 PM »
Actually all of Iran is OO, but everyone is busy keeping it a secret so they don't get beheaded so things continue functioning as a Muslim country.
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Re: How legal is this?
« Reply #43 on: October 04, 2013, 02:54:54 PM »
If Iran is really 100% Oriental Orthodox, I will reverse my opposition to their acquiring nuclear weapons.  A number of Chalcedonian nations maintain nuclear arsenals, it's about time to even the playing field. 

After that, we can move on to developing an OO version of Ancient Faith Radio. 
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Offline TheTrisagion

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Re: How legal is this?
« Reply #44 on: October 04, 2013, 02:56:46 PM »
If Iran is really 100% Oriental Orthodox, I will reverse my opposition to their acquiring nuclear weapons.  A number of Chalcedonian nations maintain nuclear arsenals, it's about time to even the playing field. 

After that, we can move on to developing an OO version of Ancient Faith Radio. 
The Chalcedonian nations don't need nukes.  They have God on their side.  ;D
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Offline Mor Ephrem

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Re: How legal is this?
« Reply #45 on: October 04, 2013, 03:07:01 PM »
The Chalcedonian nations don't need nukes.  They have God on their side.  ;D





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