We should be able to count on the people in our lives. Whether they are friends, family or strangers we make agreements with, we should be able to feel secure. This is not always the case and we find ourselves going to court.
This is what happened with Gabby. She is a young woman suing her boyfriend, Keith. They were dating for a short time when Keith needed money to fix his car. Gabby lent him the money and they agreed upon a date for him to return the money to her. He tells the story a little differently. He does not remember that he had agreed to pay it back and says he was going to give her some money here and there to help her out. What does this even mean? It seems that he is making it up as he goes along. Did she give him the money by check and write loan on the memo line? No, that would make it way too easy. She did text him about the money, this could help her. Unfortunately, she does not have that cell phone anymore. Keith has the text messages and offers them to the Judge. They do not help him. The text messages reference the agreed upon date for returning the money. Also, Gabby has called his ex-girlfriend and Keith feels this is harassment. It is annoying, but is not harassment. He has countersued for harassment and cannot prove it. He gets nothing and is liable for the money he borrowed. A loan does not turn into a gift because a couple breaks up. Couples need to be careful when they lend each other money and put everything in writing to protect themselves.
Elyse has agreed to rent an apartment. She gives a security deposit, signs a lease agreement and is due to move in on December 15th. On December 13th she finds out the city inspection did not pass. There is a discrepancy regarding the reinspection date, is it going to be done in time for Elyse to move in? Elyse leaves a message for the landlord and does not hear back. She believes she will not be able to move in on December 15th and wants her money back. She sends a certified letter to the landlord explaining that she cannot move into an apartment that has failed inspection and wants her money back. The landlord still does not respond. Now they can communicate in court. The landlord failed to send Elyse a certified letter explaining why she was keeping her security deposit. Failure to communicate has become very expensive for the landlord. By law, she is responsible to pay back double the security deposit. People need to learn the law to protect themselves.
Lula hires a contractor to fix a leaky roof. She just wants it patched. He explains to her that a patch job is not guaranteed. After he does the work, she continues to have leaks. Even though it is not guaranteed, he does go back a few times to try to fix it again. When snow and ice accumulate on the roof, Lula will not pay to have it removed. They explain to her this will be harmful to the roof. She does not change her mind. The contractor has also explained to her that the gutters are a problem. He is telling her a new roof and gutters are needed. She does not want to do anything more than the patch job. The problem is: none of this is in writing. The contractor does have a written agreement that states repair jobs are not guaranteed. He does not have Lula sign this. Why? He needs to have a contract for every job that he does. He needs to protect his contracting business. The good news is that without a written agreement he still wins the case. His business practices are logical and her story is not. In the hallway, Lula lets us know she has put a new roof on the house. The contractor will always make sure he has a signed contract, a very sound business practice!
Please let me know what you think. Thank you for joining me today.
All the art of living lies in a fine mingling of letting go and holding on.
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