Episode Transcript
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(00:00):
This is handle on the law,marginal legal advice. Now, if you've
been listening to this show for anylength of time, I get question.
As a matter of fact, Ijust got a question about libel defamation cease
and desists. And we always havea First Amendment issue here in the United
States, not so much overseas.This is a story out of Nigeria and
(00:25):
this gal Chioma Okoley. She's thirtynine years old and she's being sued and
she has some legal troubles with thepolice. She's being sued for breaching the
country cyber crime laws. She wasarrested for breaching the country's cybercrime laws.
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Now in this country, as allover the world, I mean dealing with
cybercrime. You know, we're juststarting to deal with what's going on with
the Internet and AI. They're inNigeria, Yeah, they've got a grip
on this. So let me tellyou. O'coley is a very small scale
importer of kids wear. She haseighteen thousand followers on her Facebook and she
(01:11):
goes to her followers and asks themto share their opinions about a tomato pure
that she bought in place of herusual brand. And she said, I
found this way too sweet? Whatdo you think? And so Her post,
accompanied by a photo of an open, unopened can of Nagiko tomato mix
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produced by a local company called EriscoFoods Limited. Well as you can imagine,
it sparked various reactions from the commentators, one of whom replied, stop
spoiling my brother's product. If youdon't like it, use another one and
another one, then bring it tosocial media or call customer service. Or
(01:56):
call the customer service. She respondedwith, help me advise your brother to
stop killing people with his product.Yesterday it was my first time of using
and its pure sugar. A weeklater, she gets arrested. The Nigeria
police alleged that she used her Facebookaccount and now here is from the police
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report quote with the intention of instigatingpeople against Erisco Foods and that it had
unearthed compelling evidence against her from itspreliminary investigations. By the way, the
preliminary investigations were those posts, okay. According to the cop she was charged
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with instigating against Erisco Foods Limited,knowing the information she put up was false.
It's too sweet and that is falseunder Section twenty four of the Cyber
Crime Prohibition Act, and if shehas found guilty, she could face up
to three years in jail or afine of five thousand dollars or both.
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I love Nigeria. You get alot of fraud from Nigeria. Two oops,
I'm gonna get arrested for saying that. It used to be I used
to get letters, then went toemails and now it's posts. And it's
always in my case the Nigerian deposedprince who has forty million dollars squirreled away
someplace. And I have been recommendedto these folks because I'm an honest guy,
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and help us get the money andyou get a third of it.
Just give us your bank account number. And I mean, it's that ridiculous.
All right, this go ahead andtake some phone calls. Anthony will
start with you. Welcome to handleon the law. Yes, sir.
I took my card to a transmissionshop. I have a one of those
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extra insurance policies that cover you know, your motor and your transmission. And
the gentleman got lit's their company andthey told him what my part was going
to have to be. And hecalled me and told me, and I
agreed to pay my part, andat that instance he started working on it,
but the insurance company hadn't given hima claim number to go ahead,
(04:15):
and he fixed my car without theirclaim number. And the insurance company now
is not willing to pay their part. But I did pay my part already.
Yeah, Am I responsible for therest of you? Now? That
gets interesting? Yeah? The answer, the short answer is yes, he
did the work for you. Hedoesn't have a contract with the insurance company.
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It's between you and the insurance company. If the insurance company doesn't pay
you, sue them because that thebreach is between you and them. The
guy who did the work just didthe work. However, if he has
accepted your insurance and he said yes, I've accepted it, and somehow he
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got the impression that it was paidor it would be paid, and didn't
even put down a acclaim number,so the insurance company can say, there's
you can see we never okayed it, we never agreed to it. Then
it gets kind of interesting. Andyour argument is going to be that you
what you related or excuse me,you relied on them to go forward based
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on their recommendation. We're talking aboutthe shop now, you relied on the
shop to do the work based onwhat the insurance company was going to pay
and what you were going to pay, and they didn't do what they said
and what they and based on theirposition, Hey, we didn't agree to
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it, and your shop said,well, yes they did. You've detrimentally
relied on the shop. You've gotan interesting case. We're going to sue
you. You know you're gonna sayno, thank you. Have you gotten
your car back? Yes, sir, are all right? How much money
is does a shop want from you? The difference assuming the insurance company bails,
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it's forty forty two some change fortydollars right, yes, sir,
Okay, they're going to sue youfor that, and your defense is going
to be your defense is going tobe detrimental reliance, okay, because you
wouldn't have gone forward, but themsaying that now, they're going to lie
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through their teeth they always do.Do you have any paperwork that says we
accept the insurance, that we havegone forward and we're moving forward on someone
saying something does that we're going tocover it. I'm willing to bet that
the paperwork says if insurance doesn't coverwhatever portion of the work, you owe
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it. I'll bet you there's aI'll bet you there's some language in there.
Okay, that's the problem. Andyou didn't do anything wrong, by
the way, because I would takethe word of a shop. But which
a lesson is is that you confirmwith the insurance company. You absolutely confirm,
and if there isn't a claim number, then you go whoa. You
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stop everything until you get one.So I think you have a case.
That's the thing about it. Therewas there was some sort of a number
that was given, but the insurancecompany was claiming that it wasn't a claim
number. Okay, well, thenyou see the insurance company, then you
see the insurance company. You letat this point you don't owe forty two
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hundred dollars because you're not being askedfor forty two hundred dollars. You're not
being sued for forty two hundred dollars. Then you complain against the insurance company.
All right, so you get sued, you cross complain against the insurance
company. Yeah, it's it's notthat easy, but you know lesson learned.
You always double check, always always, And by the way, I
probably wouldn't have either for sure.Cynthia Hello, Cynthia, welcome. Yes,
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sir, I live in Atlanta,Georgia, and I co sign for
somebody on a car. And myquestion is, after she pays this,
hopefully she pays this month for sixmonths, can I get my name off
of it? Get out your nameoff the loan or off the title of
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the car? Yes, yes,the loone. Well, if she's paid
it off, you don't have toworry, there's nothing to do. Why
would you take why would you dothat? I mean, it just make
any sense. You don't know anymoney? No, no, no,
no, it just started. Ohoh so if she okay, so,
but she has the car and shewas supposed to supposed to pay off it,
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right, Cynthia, Yes, whatare you doing? What are you
doing? What are you doing?Being responsible? She says that after she
pays it for six months, myname can come off of it. WHOA.
Oh, I'm glad you relied onthat. You want to ask her
where she went to law school?By the way, that's a question to
start with. Question number two,why would a company take your name off
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of a loan that you have agreedto pay for three years or four years,
and after six months, your namemagically goes off. It's on the
loan. You guaranteed the loan.Okay, yeah, the answer is no.
If she doesn't pay, you're screwedyour credit. You get to pay
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and make sure you're on your wayto your mensa meeting. When stop off
the mensa meeting first and then goto her or the other way around.
Hello, Nim Nim, you're up, good morning. Yes, I was
a state employee and I was forcedto resign following a discrimination related Okay,
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hold on, hold on, let'sjust start with I was forced to resign
following a discrimination issue. Would youexplain that one to me? Please?
What happened? I I got asettlement and as a condition of the settlement.
Okay, hold on, what yougot a settlement from? Who?
Over? What? Tell me whathappened? I got a settlement from the
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state department. Okay, you sued? Hold on, you file the claim
against the state department? Is thatcorrect? For discrimination? Yes? What
did they do to you that youhad a suit against them or they settled
the case? What did? Whatkind of discrimination? What happened? It
was they didn't give me the promotionand also they use a foul language on
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me and they used the country oforigin. Okay, all right, So
and you got to send it,you got, you and you got and
you got and you got a settlement. Correct, excellent? Can I ask
how much? Three hundred and fiftythousand? WHOA? All right? So
that was some serious discrimination, Okay, got it? All right? Now
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we're on our way. Okay,So tell me what happened after that and
what your question is. Yes,last June twenty three, I was out
of the country and I got tocall from my one of my co workers.
Hey, Nima, they have puta BOLO on you. I said,
what if bolo be on the lookoutwith my driver license on it?
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And the California Highway Patrol office assignedto the case, and they can put
it on all the departmental buildings inthe state and where sex hold on.
Now I'm confused again. A bolois the Highway Patrol. They put a
bolo saying that you can't come inor they should look for you for any
(12:00):
building in the state. Correct,any building in the state the particular department
that I used to work for,and you're no longer working for them?
Right? No, no, Iresigned, I would right, right,
all right, So what's your question. And I also got a call from
my temple community. Hey, Nima, we heard you your name or someone
(12:28):
in the beyond the lookout? Okay, so what's your what's your question?
What's your question? Name my questionis? And what precurse I have?
Okay, Well, let me askyou a couple of questions. Okay,
Uh, do you ever intend ongoing into a state building in the department
you work for after you resigned?No way, So what do you care?
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Then? What do you care?No that, What I care is
that I applied post over twenty twentyfive positions with that department and departments.
Okay, So you can't go,all right? So the bulow and I
don't know if that's legal or not. I have no idea beyond that.
What does that mean? Beyond thelookout? I don't even know what that
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means. Okay, So is abulow? So they say be on the
lookout for nim all right, andthey said all the state offices. Okay,
So what does that mean? Watchout for him, you know,
don't go, make sure he doesn'tcome into the building, have him arrested
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for trespassing if he comes in.What is exactly what what does beyond the
lookout even mean that I'm not sure. Yeah, well, I gotta tell
you I'm not sure either. I'mnot sure either. And I'll tell you
who isn't sure. Any lawyer youwould ever talk to wouldn't be sure.
What do you want? What doyou want? Let me ask you something.
What do you want from this?You want? Okay? Do I
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have any recourse bill? And ifI were to say yes, what would
you want? It's it's a deformation. It's that defamation. It's be on
the lookout for you. They're notaccusing you. They're not accusing you of
anything on the paper. No,right, but who so where's the accusation?
(14:18):
There was no accusation. I couldn'tplan. You know, what do
you what do you want? Whatdo you want? What do you want?
Do you want to be able togo into the building? I play
for any other positions the st ah. Okay, that's different. Now if
you are turned down, hold on, have you applied? Have you been
said? No? They don't sayanything. They don't. That's right,
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that's what they do. So apply. So here's what you want to do
if you want to sue. Andby the way, I'm not saying that
you weren't discriminated against. But ifyou want and for some kind of discrimination,
then you apply for a position,they say no, and prove that
somehow the reason they didn't hire youis because of some kind of discrimination.
(15:07):
I mean, you were certainly ableto prove it the first time around,
because they said over three hundred andfifty thousand dollars. All I'm saying is
Jackie, there's nothing here, orNim, I'm sorry, Nim, there
is nothing here. You got nothing, okay, and they hate you.
And by the way, after thisconversation, I hate you, okay.
I want to tell you a littlebit about cyber thieves because I get those
(15:28):
questions all the time here. Cyberthieves commit silent crimes. It happens in
the dark. Somebody uses your name, your information online. You don't even
know what's happening. I'll tell youwhen you find out your credit card bill
shows up and all of a sudden, you're look at all these charges.
Wait a second, these aren't mine. Cybercrime, identity theft affect every one
of us or will, and we'vegot to protect ourselves. The odds are
(15:52):
that you are a family member.Beyond the odds it's gonna happen. You're
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(16:15):
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(16:40):
com promo code handle. Hello Daniel, you're up. What can I do
for you? Mister Handle? I'vebeen living in I rented the controlled area
in any county for twenty years inmy family and the new landload to about
the place six years. He wantsus out so bad. And what happened
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is I told him we need togo to court, and he says,
no, I'll to my place.You can you have to leave anytime I
ask you to. So we gotinto an argument. And now he applied
for the city to demolish the place, and he had the architectural committee three
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times, and his design was verybad, and they told him you better
have a very good design of theplace otherwise we're going all right. And
then my question to you is hecommitted to perjury last year because they proved
it because he told them nobody livesthere and I've been there for twenty years.
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That's one illegal maneuver hit it.So they proved it for him.
Oh wait, wait, wait,wait, hold on a minute. He
committed, he committed perjury. Yousay, what did he do to commit
perjury? Well, we've been therefor twenty two years, and then when
he had the meeting with the architecturecommittee, he told him there's nobody living
there. Okay, was this okay? Fair enough? Now did he say
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did he say that under the penaltyof perjury or did he just say that,
Okay, that's not perjury, that'snot Daniel, Daniel, that's not
perjury. That's a lie. That'sit. He lied, Okay, Okay,
he lied, But here is okay? So he lied to say no
one's living there and he got thepermit right right, okay, So with
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that and said, and uh,you, what do you want to do?
Do you want to stop him frombuilding it? Do you want to
keep your place in the apartment?What? Well, here's another thing.
Last year, Uh, he's athirty sent us a letter and he told
us to get out of there becausehe's going to get modiship okay. And
he told the and he told thecity, we've been there for only three
months. And I understand that you'vealready said that. He told the city,
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Well, first of all, yousaid no one's there, and now
he's been there for three months,so were you now? He says,
you've been there for three months.By the way, none of that matters,
Daniel. He can throw you out. There's no rent control in La
County. He can give you noticeto leave. He can say goodbye.
He doesn't have to come up.He doesn't even have to come up with
anything. He can just give younotice. Now he has to give you
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re He has to give you relocationmoney. He did give us one that
he liked. Again, he's atthirty, said we've been there for three
years. Though it doesn't matter Daniel. It doesn't matter. He can throw
you out for any reason he wants. He can give you a sixty day
notice. I want you out becauseI want you out. There is no
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rent control rent. If you're inthe city of Los Angeles, and if
you're in the city of Los Angeles, they can't throw you out. Now,
No, it's not you said theCounty of Los Angeles. What city?
What city are you in? Yes, you're in the city of Los
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Angeles. Well, actually, Ithink West la is in its own city.
I don't even know if it's itsown city or not, because okay,
if it's if it's l a city, he can't Okay, if it's
l a city, he can't throwyou out. Okay, So now,
okay, and I I'll accept that. And I don't know that. I
thought West la is its own separatecity. But okay, it's in the
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city. It doesn't matter if it'sgeographically in the city. For example,
Beverly Hills is inside the city ofLos Angeles, but it's its own city.
It is a separate city. SoI just want to let you know.
West Hollywood may be a separate cityjust because it's surrounded by the city
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of Los Angeles doesn't mean that it'snot a city. So I don't know
whether it is original. Is itLa County or is it La City?
You've said both. Okay, Wes, So you're telling me West Hollywood is
part of Los Angeles City. Correct, he loves the west of Hollywood.
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It's West Los Angeles. You saidWest Hollywood. No, no, no,
I said West Los Angeles. Yeahno, you said, Okay,
Now you have rent control, okay, and he can't throw you out.
Can he throw you out based onhim remodeling at throwing, Yes he can.
He has to give you relocation money. And the fact and and here
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is the the issue. Uh,the fact that he said you're there for
three months or it's empty or whatever, it means nothing. It doesn't change
anything. He has the right todo that. He has the right to
go in there and get a permit. Now the fact that he lied about
you there that I don't know.But what do you want? What do
you want? Uh? Well,he gave us to location fees and then
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again he's just and he said,we've been there for three years. And
then I went to the C Cityto dispute it, and they reversed the
house the authority. They told he'slawyer. He's been there for twenty as
I proved it, and then nowthe city gave us more money. Okay,
it doesn't. But you know what, Daniel, what do you want?
So you got your relocation money?Okay, it doesn't matter if you
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live there for three years or twentyyears or two hundred years, it's exactly
the same legally. What do youwant, Daniel, what do you want?
My question? Does he have toprove that he's going to demolish the
place or not? He's got thepermit, you know what, thank you
at the end of all this,thank you for the nine minute phone call.
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Does he have to prove he's goingto demolish? You know, I
don't know, because he's got thepermit, and he said and his and
if i'm him, I say,it's pretty hard for me to prove I'm
demolishing when Daniel is in the building. I don't demolished buildings with someone inside
the building. So just the factthat he got a permit gives him the
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right. You said that they gavehim a permit. You told me they
gave him a permit. Okay.Another one going to the mensa meeting.
Thank you so much. That's acouple of them today. Ah man,
Am I thrilled with that? Allright? Jim, Hello, Jim,
welcome? Yeah, Jim, you'reup. This is Jim. Yes,
(23:33):
it is uh three months ago.So many promised to only leave their truck
on my property for two weeks?Leave the car? Do I have that
right? Leave the car? Leavea truck? Okay? And now they're
being unavailable. I know they're aroundFacebook. I hear they're at the bar,
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but they're not getting their truck outof my property? All right?
What can I do? Good?Question? All right? So there is
no specific time, at least accordingto California law. I don't know if
there's an ordinances, city ordinances orcounty ordinances, but in general, there
is no specific time as to whenthat truck is abandoned. Once that truck
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is abandoned on your property, youcan do whatever the hell you want to
with it. It belongs to you. You can sell it, you can
have it towed away. And sohow do you prove it was abandoned?
Well, you know where he is. You have him on Facebook. So
you start writing, you start postingto his page on Facebook. Hey,
I have your truck, come andget it. I have your truck,
(24:45):
come and get it. If youhave an address where he was at,
you absolutely send him certified letters,anything you can prove, and then copies
of it. You want to beable to prove that you time and time
again to reach him, and you'vetried everything. Because here's the fear.
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The truck is at some point it'sdeemed abandoned. And I don't know when
that is, and nor does anybodyelse. And it depends on the circumstances,
how long, how many times you'vetried to reach him, how much
time did you give him to getthe truck? And what I would do
is I would just say, hey, I'm getting rid of it thirty days
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from now, and then send himan email three weeks from now, and
then send them another email two weeksfrom now, and then every day until
reaches it's done tomorrow and you've abandonedthe truck. Now, the issue is
if you get rid of it,he's going to come and sue you and
say I didn't abandon it. Yougo, yeah, you did. You
left it on my property for twomonths. You left on my property for
(25:48):
three months. And he'll say,well you agreed to have it on No
I didn't. Where's the proof,where's the writing? He has to prove
that. So that's all the fearis. Now. Here's the other problem
you have, Jim, is youcan get rid of the truck after quote
a reasonable time, and that isjust going crazy trying to reach him for
as long as possible until you can'ttake it anymore so he cannot attack you
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deeming the property abandoned. Problem iswhat do you do with the truck?
You get a call a toe companyto take away. They want to they
want title. That becomes the problem. No one will take it without title
that is signed over. So Ithink you go to the DMV and say
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what do I do? That's whatI would do. All the letters,
prove the DMZ what you've done,and say I want to get rid of
the truck and help me out withtitle, because that is the big issue.
It's not the abandoning part, becausethat one is fairly easy to deal
with. It's the title of thetruck and how you get rid of it
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unless you want to dismantle it completely, pretend you're a chop shop and then
just sell it for parts. Butthen I guess rule ridiculous in front of
your yard and people get upset aboutthat. Hello, Devin, welcome,
Hey, good morning Bill. Theleases up July first. I send an
email regarding mold in the bathroom tothe landlord. I asked via email that
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was April twenty first, if hecould take care of the mold as well
as a few other things. Hisresponse via email was, I can't get
anybody to come out for the nexttwo or three weeks to take care of
the other things you requested as faras the mold goes. Your leases up
July first. If you don't likethe mold, you can move out early.
(27:37):
Oh. That was his response tome. And then I told them
we don't want to move. Weactually would like to renew our lease.
We just want these things taken careof before we renewed. And he responded
it back via email that's fine.I'm gonna raise your rent an extra hundred
(27:57):
and okay, all right, okay, let's start talking. First. What
city are you in? That's alwaysfirst, very much city, Long Beach.
Okay, Long Beach. I don'tthink has rent control, so you
don't have protections there. So atthe end of the lease, he has
the right to say no, thankyou, I'm not renewing. Okay,
that's one thing. But he hasto give you thirty or sixty days notice
(28:21):
that you're not renewing. I don'tknow the answer to that. It's either
thirty or really quick, bill,really quick before you continue. He I
told him we wanted to renew thelease. Yeah, you said that,
I did the email. Yeah,I said that I will offer you a
new lease. Okay, okay,so he's going to offer you a new
lease with one hundred dollars increase inrent. How much is your rent now?
(28:41):
It is two thousand? Yeah,so it's uh yeah, he can
Okay, that's within the law.Because it's California. You can raise a
ten percent. Actually, so he'snot being totally unreasonable. He's raising it,
raising it five percent. Now hehas to take care of the mold.
And is he unprepared to take careof the mold. He's saying,
he basically said, like I toldyou on April the twenty first, the
(29:04):
email, he said, if youhave a problem, I can't he said,
I can't get the other things donefor another two or three weeks.
Okay, so all right, solet me ask you this if he can't
get it, what do you expecthim to do if he's trying? Uh?
And what he acknowledged. He acknowledgedthere's a few things like windows that
(29:25):
need to be fixed. He acknowledgedhe can't get anybody here for the next
tour or three weeks. Okay,it was a month ago. Oh okay,
So now he's running too to themold. Okay, mold is mold
of you? Okay, I understandyou can stop. Well, he's not
going to extend the lease. Uh, legally, you're you're allowed to not
(29:47):
pay the rent for mold. Okay, you can stop paying the rent,
and you can breach any lease,but you don't want to breach the lease.
So you can stop paying rent.He will not renew the lease.
So what I'm saying, if youwant to stay there and he's giving you
one hundred bucks increase five percent onyour rent, and you want to stay
(30:10):
there and he's willing to do it, do you want to get into an
altercation? I mean, you've gota legal issue here. You can stop
paying the rent because I'm old,you're allowed to do that. Worse,
a court would certainly back you up. What do you want to do he
gave me the now? Okay,okay, so you haven't all right,
so you haven't paid the rent?Okay, I got it. No,
(30:33):
okay, Now you have a choice. Do you not pay? And then
he evicts you? He files anunlawful detainer after three days he's already filed
detainer. Okay, So all right, so forget about the three day notice.
You now have a lawsuit for evictioncoming up. Your defense is mold
and uh you've I think you've gota decent defense. And if there's enough
(30:57):
mold there, the court is goingto say you don't the rent, but
you don't have the right to staythere either. He just goes, okay,
you know owe the rent. Okay, now what you're out? Goodbye,
leases up. We don't want youhere and you get to move.
Okay. Yeah, I mean thoseare the choices. Those are the choices
(31:17):
you make. Do you want tostay? Go? Answer that in front
of the judge. How long isthe judge going to award us when we
answer this? Oh, he'll probablygive you whatever back rent that you owe.
You don't have to pay, it'smy guess. Okay, would you'll
be out to leave you whatever?No, it's yeah, whatever. I
(31:37):
mean, you're going to be givenenough time to move out, probably statutory
time to move out, unless heis He's depends on what the judge does.
If you're granted the unlawful detainer.If he's granted and the judge orders
you to leave, you don't havethirty days. It's up to the judge.
You can say, hey, Imean, he'll give you thirty days,
but you're done. Forget about thelease. You're done, You're out
(31:59):
of there. And yeah, Imean, it's just not fun. It's
see, you're cought within a rockand a hard place. I want to
stay, but I don't want topay the rent. I want to renew,
but I don't want to pay therent. You've got mold and you
won't fix the rent. You won'tfix the mold, but I want to
stay. See, it's it getsa little complicated, to say the least.
(32:19):
I mean, it gets really complicatedunder those circumstances. Okay, now
before we go, let's talk aboutyour bad breath. My bad breath.
I mean, we all have it, and you know no one says anything
about it. That's what's so muchfun. I mean, you know I'll
tell friends, Well, I don'thave any, but I'll tell people.
I know you smell like an arocky sheep herder. Don't breathe on me.
Most people don't do that. ButI'll tell you what most people should
(32:43):
do is get Zelman's mintye mouth mints, and I use these all the times.
It's a tiny little capsule that youeither swallow or you bite into.
It's mint on the outside. Yousuck that off and now the bad breath
in your mouth goes away, andthen the partially see capsule goes down in
your gut. Remember, you swallowit, and it starts to work in
your gut, and this is wherebad breath comes out. It happens a
(33:04):
lot is from the foods you eat. And this is where Zelman's really does
a job. Unlike other mints thatsimply don't do this. Zelman's Mintymouthman,
it's a breath freshener more than itis a mint. Money back guarantee.
I know you'll never use it.I've never heard of anybody using it.
And you're going to want a lotof them. They come in three packs,
five packs, single packs, whichmake no sense, but you're going
(33:29):
to want Zelman's mintymouth mints. Sogo to Zelman's dot com z l M
i n s. Zelman's dot comfifteen percent off when you use the code
handle at checkout. Take the fifteenpercent. Use the code handle at checkout
Zelman's z l M i n sdot com. This is handle on the law