September 2006
Monthly Archive
General24 Sep 2006 01:00 pm
Three Steps To Safety On Wheels
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e Steps To Safety On Wheels
by: News Canada
(NC)-Are your kids safe when riding on wheels - bicycles, scooters, skateboards or in-line skates? Safe Kids Canada, a national child safety program, has launched the “Got Wheels - Get a Helmet!” campaign this spring. Safe Kids Canada urges Canadians to follow these three tips to keep their children safe:
- Make sure your child wears a helmet that fits correctly, as well as other protective gear.
- Make sure your child rides or skates in a safe environment - away from cars and other vehicles.
- Scooters, in-line skates, and skateboards do not belong on the road.
- Bicycles are classed as vehicles, but research shows that children under 10 should not ride their bicycles on the road. They do not have the physical skills or the judgment to stay safe in traffic. Children over 10 need good training and lots of practice before they can ride on the road. Kids need to practice these skills with adult supervision in safe places.
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- Supervise children until at least eight years of age. Know your child’s abilities.
- Most injuries on wheels happen because children lose control and fall. Children need to practice controlling their equipment, and they need your guidance.
- Your child needs to learn basic skills, such as controlling speed and turns, braking, balancing and avoiding obstacles.
- Reinforce safety rules while you supervise.
- Sometime between the ages of 8 and 10, your child will develop the coordination and judgment required to ride or skate safely without your supervision - but not near traffic.
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For more information about safety on wheels, call Safe Kids Canada at 1 888 SAFE TIPS or visit www.safekidscanada.ca. The “Got Wheels - Get a Helmet!” campaign, held during Safe Kids Week, runs from June 3 to June 9 and is sponsored by Johnson & Johnson. J&J is providing an additional $100,000 to buy helmets for children from low-income families across Canada. During Safe Kids Week, a portion of each purchase of participating J&J and McNeil products will be donated to the program.
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About The Author
News Canada provides a wide selection of current, ready-to-use copyright free news stories and ideas for Television, Print, Radio, and the Web.
News Canada is a niche service in public relations, offering access to print, radio, television, and now the Internet media, with ready-to-use, editorial “fill” items. Monitoring and analysis are two more of our primary services. The service supplies access to the national media for marketers in the private, the public, and the not-for-profit sectors. Your corporate and product news, consumer tips and information are packaged in a variety of ready-to-use formats and are made available to every Canadian media organization including weekly and daily newspapers, cable and commercial television stations, radio stations, as well as the Web sites Canadians visit most often. Visit News Canada and learn more about the NC services.
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General22 Sep 2006 01:00 pm
What is your PROBLEM? There Must Be 50 Ways to
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What is your PROBLEM? Have you ever gotten exasperated and asked someone that in that tone of voice?
Mary: I want to move near my grandchildren, but how on earth will I move myself up there alone?
You: Just call a moving company. What is your PROBLEM?
Abby: I hate being an entrepreneur, but you have no idea how hard it is to get back into a corporation with all the downsizing.
You: Just call a career coach. What is your PROBLEM?
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Millicent: I ought to get a raise, but how on earth do I ask him for one?
You: Just ask. What is your PROBLEM?
Well. The endurance till this point signifies that you are too much curious in Father Dave and . Get additional benefits by flipping through the pages further.
Antonio: How on earth do I tell my wife I m in love with another woman?
You: Just tell her. What is your PROBLEM?
Liu: I hate this house. I hate it.
You: You ve been saying that for 3 years now. What is your PROBLEM?
What is the PROBLEM when the solution is so EASY?
++Easy to us who are on the outside.
++Easy to us who are not emotionally involved and can therefore be objective
++Easy for us who are not hamstrung by ambivalence (indecision) and can think clearly
++Easy for us because we can think logically, and the steps are obvious IF the decision has been made AND there are no emotions involved.
How do you ask for a raise? Gosh, there must be 50 ways to ask for a raise.
Remember that great old song by Paul Simon, There Must Be 50 Ways to Leave Your Lover ?
He s talking with a woman
The problem is all inside your head, she tells him. The answer is easy if you take it logically. I d like to help you with your struggle to be free. There must be 50 ways to leave your lover.
When we re in an emotional situation, we can be flooded and unable to think clearly. We get hijacked. How do you ask for a raise? You ask for a raise. And it can really get painful to be hung up that way.
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It grieves me so to see you in such pain, she continues in the song. I wish there was something I could do to make you smile again.
He says he appreciates that, and would she please explain about the 50 ways?
Slip out the back, Jack
Make a new plan, Stan
You don t need to be coy, Roy
Just listen to me.
Hop on the bus, Gus
You don t need to discuss much
Just drop off the key, Lee
And get yourself free.
And then she has a good idea. Why don t we just sleep on it tonight, she says, and then she kisses him, and he realized she probably was right there must be 50 ways to leave your lover.
Smart girl!
Emotions motivate us. We will sit on the fence until the pain gets too bad in one direction, or the expected pleasure too great in the other direction.
And when we get the feelings that motivate us, we discover there must be 50 ways to
As the poet said, Kisses are a better fate than wisdom. Emotions are our guides. That s what Emotional Intelligence is all about.
About the Author
Susan Dunn, MA Clinical Psychology, cEQc, The EQ Coach , http://www.susandunn.cc . Emotional coaching to positively impact all areas of your life career, relationships, transition, learning, leadership, resilience, self- and other-management. Take The EQ Foundation Course , and visit the eBook Learning Center: http://www.webstrategies.cc/ebooklibrary.html . Mailto:sdunn@susandunn.cc for FREE eZine.
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General20 Sep 2006 01:01 pm
Clean Your House in Half the Time!
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Clean Your House in Half the Time!
by: GranMamma
When cleaning your house, the first thing you need to do is to find a supply and tool apron. (gardening apron works well) The apron should contain several large, deep pockets. In these pockets, you will keep your cleaning supplies …. (glass cleaner, vacuum nozzles, bathroom supplies, etc.). This little known secret can cut your cleaning time in half.
Wear microfiber cloths at all times (they are the best dusting tool for all surfaces.) This way, you have your dusting tool handy at all times.
Work your way around a room. Start at the top with your high dusting and proceed to your low dusting.
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Buy filters for your home that minimize dust.
When you begin your cleaning routine, move clock-wise around the room. Moving in one direction as you dust and clean glass is the fastest way to clean a room.
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After dusting, it’s time to vacuum any cloth furniture and then proceed to the carpets. To save time, clean every floor in your house at the same time. If you vacuum one room at a time, dirt and dust can easily be carried from the dirty floor to the clean floor.
To finish, mop the bare floors and allow them to dry thoroughly.
The bathroom is often one of the most dreaded chores. However, you can turn it into a manageable task by taking five minutes twice a week to spin through with a paper towel and pine sol.
Concentrate. This is often hard to do because housework can get very boring. However, if you focus on what you’re doing, you’ll finish faster. Put on some music for a little extra motivation!
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About The Author
GranMamma is the webmaster at the Baby Names Box - Where you can explore over 6,000 baby names and their meanings.
Sub-categories include Disney, J.R. Tolkien names, Fantasy and Folklore names, and many names from the literary classics. Read articles ranging from parenting and family to home and gardening. Be sure to say hi to GranMamma!
babynamebox.com
granmamma@babynamebox.com
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General20 Sep 2006 01:01 pm
Moving Out: A Renter's Obligations
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Moving is an exhausting process, from finding a new place to live to hiring reputable movers to boxing your belongings and unpacking. So it’s easy to understand why many renters tend to overlook important details before they they move out. In the rush to wrap things up and move into their new residences, people occasionally forget their obligations as a tenant, and those obligations later come back to haunt them.
A frequent question asked by renters is how much notice they’re required to give before moving out. A minimum of 30 days notice — in writing — is standard procedure. (Make a copy of that letter for yourself.) That gives the landlord or management company adequate time to find a new tenant to fill your apartment, and time for the maintenance staff to clean the unit prior to the arrival of its new resident or residents.
Tenants moving out often find they need additional time to clean their apartments after packing is over. It stands to reason, then, that the next most frequently asked question is how long they’re allowed to remain in their apartments after their lease expires or they’ve given notice that they’re breaking their leases. The safest answer to that question, and the one you’re most likely to get if you ask your landlord or leasing representative, is that you’re required to be out by the time your lease expires — meaning by the end of the month.
Management companies and some landlords have been known to be flexible with departing tenants, and they generally appreciate a tenant’s efforts to clean the unit before he or she departs. Your request for a few extra days to vacuum and pack up the last of your belongings will often be met with agreement, but don’t be surprised if your landlord or management company asks for a daily fee in return for their flexibility. That’s perfectly within their rights, according to the real estate law books, so there’s not much you can do when faced with a fee — except to hurry up and ship out.
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And speaking of cleaning up before your departure, what are your obligations as a tenant? Do you have to leave it as spotless as it was when you moved in? (That question assumes that your unit was adequately cleaned, of course.) The answer is yes. Err on the side of “too clean” in order to prevent your deposit from being reduced. You don’t have to hire a professional carpet cleaning company or buy an expensive contraption to clean the carpeting yourself. But by all means, vacuum the floor, dust every surface, and consider wiping down the windows with a little glass cleaner. It doesn’t take long, and it leaves a good impression. Depending upon who leased you your apartment, you could be faced with a reduced deposit — or even no deposit — based on criteria you find ridiculous. Instead of getting involved in the hassle of debating those points with your soon-to-be ex-landlord or management company, spend a good half-hour giving your empty apartment a once-over.
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Generally, you don’t have to repaint your walls unless you changed the paint color while you lived in your apartment, and your lease stipulates that you restore the wall color to its original condition before you leave. If you rented your apartment from a management company, inquire if they have a mover’s checklist to help you inspect your unit before moving out. You may even request an informal inspection from a leasing agent or landlord after you clean the unit. At that time, the inspector can inform you if you’ve missed any spots and help you prevent any deductions to your deposit.
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If you’ve caused damage to your apartment during the time you’ve lived there, you’re going to face either a considerable deduction from your deposit, or you may not receive any of your deposit back. If the landlord or management company decides the cost of the damage exceeds the amount of your deposit, it’s within his/her/their rights to sue you for the difference. Owning up to the damage and paying for it immediately is the best way to avoid major headaches — not to mention a “black mark” on your renter’s record.
Some reckless renters who know they’ve caused considerable damage to their homes and know that the dollar amount will exceed their deposits have elected to hit the road suddenly and without warning. While some tenants may have gotten away with it, many haven’t. And the consequences of such actions — including the real possibility of a lawsuit filed from your former landlord/management company to gain compensation of the rent they lost when you fled, plus compensation for damages, is far more expensive than accepting responsibility for the damage you caused. Accidents and even occasional bouts of stupidity happen. Owning up to these incidents will pave a smooth path to your next home. Believe it or not, management companies and landlords do call on a prospective tenant’s former management company/landlord. Moving is hassle enough. In the renters’ world, those tried-and-true rules you learned as a kid apply: Clean up after yourself, take responsibility for your actions, and you’ll be well-received. Mom alwaysdid know best, didn’t she?
About the Author
Since 1989 dan the roommate man has helped 1000’s of people find rooms,apartments or roommates. Need help? Contact him at 800-487-8050 or www.rooommateexpress.com
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General19 Sep 2006 01:01 pm
Handling Weather Emergencies. Part 2; Home Security, Evacuation and Emergency Kits
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Handling Weather Emergencies. Part 2; Home Security, Evacuation and Emergency Kits
by: Graham McClung
Introduction
Part 1 of this article on preparing for weather emergencies discussed forming an emergency plan to reduce the stress and worry of facing a full blown weather crisis.
The focus was on safeguarding your family by planning well in advance of any threat.
This, the second half of the article, looks at two things.
Preparing your home to survive severe weather, and securing it in case you have to leave.
Coping with evacuation or temporary isolation, and assembling one or more emergency kits.
Home Security
Some forms of weather related emergency are capable of destroying your home no matter what you do - floods, tornadoes and Category 5 hurricanes come to mind.
But long term preparation and a clear plan for when severe weather is approaching can do a lot to protect your home from damage or destruction. Or to protect you if you are inside.
So put together a plan about securing your home and loading valuables and essential supplies into your vehicle in case you have to leave quickly.
Such tasks are made easier if you have been able to assemble suitable tools and equipment well before the problems arise.
Long term plans could include adding roof ties or even strapping down your house if strong winds are likely, or reinforcing an interior ground floor room to provide refuge from destructive winds.
Between a threat developing and dangerous weather arriving, there is usually some time to add protection to your home. Boarding up windows if faced with strong winds, or cutting back flammable vegetation and cleaning gutters if faced with a wildfire are worthwhile tasks if you have the time.
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And as a last minute job, store outdoor furniture securely - apart from the probability of loss, a strong wind can turn them into effective missiles that could be directed at your home.
Finally, know how and where to turn off utilities - water, gas, power - and make sure other family members know it too.
Emergency Kits
An Emergency Kit is a pre-packed container which you can grab instantly if faced with a threatening situation. It should hold everything you will need if you are cut off from utilities and supplies, and should be kept separate from products and tools which you use everyday or for recreation.
It is also worth considering permanent kits for your car and workplace, but let’s focus on those kept at home.
Depending on the types of threats you may face, you could need two sorts - one if you have to leave and another if you are staying.
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They should be designed to meet the particular needs of you and your family in the sorts of emergency you are most likely to face. For more information, visit the FEMA website, and check out their excellent manual at http://www.fema.gov/areyouready
Here are a few suggestions.
If you have to evacuate, your destination will probably provide food and shelter. Clothing and special needs - baby and infant needs, prescription and basic medical supplies - are the most important. Include extra warm clothes - heating may not be efficient. Food treats and special toys will make things easier for children. Some basic food and a couple of gallons of bottled water are always worth including just in case. A “keep your hands off” supply of emergency cash is also a great idea.
Alternatively, if you are likely to be isolated and unable to leave your home for a while, assemble a kit which will keep you supplied for at least three days. Assume you will have no power, heat, water or waste disposal.
The essentials are plenty of water - allow 1 gallon (4.5l) per person per day, of which half will be drinking water. Commercial bottled water is a good choice. Include non perishable food, preferably low salt, and don’t forget a manual can opener. You’ll need a battery powered radio and a flashlight, both with plenty of extra batteries, and a first aid kit.
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A camp stove and gas bottles are a great addition, and you’ll need some cooking gear and some matches in a water proof container. Make sure you have enough infant or special needs, plus any necessary medication. And warm clothes should be included, plus strong shoes.
Now much of this gear will be in your house anyway, but the point of this kit is that it can double for an evacuation kit, and will be ideal if your destination is somewhere other than relatives or an emergency shelter.
And Finally…..
OK, you’ve given up some of your valuable time and made your plans for all likely eventualities. Chances are you’ll never have to use them, but things happen, and the hundred year flood may turn up next year. You can now relax and know you’ve done your best to protect your family and your home.
One more thing. Include in your plans some time in a year or so to review everything, to make sure everyone understands the plan, and to go through the emergency kits and replace anything that’s damaged or out of date. It won’t take long, and you’ll be ready for anything.
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General18 Sep 2006 01:00 pm
Landlord and Tenant Law 101
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Article written based on New Jersey Law
The following are recurring questions landlords should have a working knowledge of. I generally don’t put a disclaimer in my articles but in this case, be advised:
The information you obtain in this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Q. When can a tenant escrow rents until repairs are affected by a landlord, or in the alternative, deduct the costs of repairs from the rent?
A. A landlord warrants to the tenant that the leased property is habitable. This is known as the implied warrant of habitability. This warranty is not against all inconveniences or discomforts. A claimed defect must be on the premises and must directly affect the tenant’s ability to occupy the demised (rented) premises. Transitory failures generally do not constitute a breach of this warranty. Courts have found that the breach must be so substantial as to amount to a constructive eviction. This means that the problem must be so bad that the tenant cannot continue to occupy the space and would have to leave unless the repairs were made. Recently, judges hearing habitability cases, as they are known, have been leaning away from a strict interpretation of the case law and have been giving tenants credit in the form of rent abatements for claimed defects that may be perceived as trivial.
There are four options available to a tenant claiming that their Warrant of Habitability has been breached: They could:
(i) declare that they have been constructively evicted and leave the premises;
(ii) repair the defect on the premises and deduct the costs for repair from their rent;
(iii) withhold the rent until the landlord effects the repairs; or
(iv) make the repairs and proceed with suit against the landlord to collect the costs of same.
If the tenant determines that there is a problem that amounts to a breach of the implied warranty of habitability, the tenant should notify the landlord in writing of the problem and allow a reasonable period of time for the landlord to make the repairs.
If the repairs are not made, and the tenants escrow the rent (or pay less than the full rent amount by deducting costs to repair from same), said landlord can file with the Courts for a judgment for possession evicting the tenants for non-payment of rent. Upon the filing of the eviction action, the court will set a trial date. If the tenant wishes to be heard on the issue of habitability, the Court will most likely set it down for a new hearing date and require that said tenant place the escrowed funds into a court escrow account pending said hearing. The tenant will then have his or her opportunity to prove to a judge that said defects breach the warranty. Examples of defects that could affect habitability are: no heat during cold weather months, defects that prevent the tenants from using certain rooms in the rental premises such as the bathrooms or the kitchen, or off premises conditions which are created by, or are under the control of, the landlord which affect the use of the rental property by the tenants (e.g. disturbing activities of other tenants and common area security).
If the judge agrees with the tenant that there is a breach of the warranty of habitability, the judge will grant an abatement of the rent. This constitutes the difference between the reasonable rental value of the unit in its defective condition and the agreed upon rent. This may be determined on a percentage basis without expert testimony. The abatement is granted only for the period of time that rent was withheld, however.
This is not to say that a landlord does not have an obligation to make repairs that do not affect the habitability of the residential rental property. If the defects do not go to habitability, the tenant can, after giving the landlord a reasonable opportunity to fix it, fix it himself, and sue the landlord for the costs of repair. Habitability is what allows a tenant to escrow rent for that purpose.
The doctrine of the implied warranty of habitability has been applied to non-residential tenancies as well. For example, abatements have been granted to professional office tenants and to other commercial tenancies having to do with problems with a parking lot.
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Q: What happens when a tenant breaches the lease by leaving the rental property before the scheduled end of the rental term in the lease?
A. When a tenant signs a lease for a rental property, here she is agreeing to be responsible for monthly rental payments during the complete term of that lease. Although this applies to both commercial and residential tenancies, the example of a typical one year lease of a residential property will be discussed here.
Many times tenants will rent their home, and then have to leave before the end of the term for any one of a number of reasons (including an opportunity to purchase a home, a business transfer of a tenant to a different state, or the need to find more affordable housing). A tenant should provide the landlord with written notice of premature termination as far in advance of the departure date as possible, in order to give the landlord the greatest opportunity to re-rent the premises. However, this written notice, no matter when it is given, does not alleviate the tenant of his or her responsibility to pay rent under the lease.
Upon leaving, the tenant becomes responsible for payment of rent until the end of the lease term or the re-rental of the premises, whichever comes first. In return, the landlord has a duty to mitigate damages and to make every reasonable effort to re-rent the premises as soon as possible. What usually happens is that the landlord will put the tenant on notice of his duty to pay rent, but not proceed against the tenant to collect same until the tenant’s duty and obligation to pay rents ends (thus fixing the total amount owed for purposes of suit).
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Q. What steps must the landlord take in order to evict a tenant from a rental property?
A. No matter what the circumstance, and whether the rental property is residential or commercial, the landlord cannot effect a “self-help” eviction. He or she must proceed through the state landlord-tenant court in order to evict a tenant. The procedures to be followed prior to filing of the eviction complaint, however, vary depending upon grounds for eviction and the nature of the rental property.
No matter what the type of landlord-tenant relationship, the simplest eviction procedure for a landlord is one based on non-payment of rent. Once the tenant has breached the lease by failing to pay rent, the landlord may bring an eviction action in landlord-tenant court seeking a judgment for possession. Upon the filing of the complaint, a court date is assigned, and the papers are served upon the tenant. If the tenant pays the rent in full (including attorney’s fees and late fees, if the lease calls for it) by the close of business on the day of trial, then the eviction action is dismissed by the Court, and the lease breach no longer exists. If the tenant does not have a justification for not paying the rent ( e.g. a rent escrow flowing from a claimed breach by the landlord of the implied warranty of habitability) and cannot pay the rent by the end of business that day, a judgment for possession will issue by the Court.
As a matter of practice, a judge will order that no warrant for removal (the document which authorizes a court officer to evict a tenant) will issue for three days following the entry of judgment. At the end of that waiting period, but not later than 30 days from that date, the landlord can request that a warrant for removal be issued to a court officer for an eviction. If the landlord fails to request the warrant within 30 days, he must petition the court by motion for permission to do so out of time. The court officer then posts the warrant for removal on the door of the rental property, and waits three business days. During those three days the tenants can seek a stay of eviction. This stay can be granted for several reasons. The most common would be on the grounds that the eviction would cause a hardship upon the tenants due to an unavailability of other dwelling accommodations. The granting of the stay is discretionary with the court, but subject to certain conditions. The tenant may get a hardship stayso long as all rent arrearages plus court costs and current rent are paid, the tenant is not disorderly during the stay, the tenant does not wilfully damage the premises during the stay, and payment is made when due for use and occupancy during the stay. The stay can be for no longer than six months.
There are other grounds for eviction other than non-payment of rent, but the procedures prior to suit differ depending upon the nature of the tenancy. Some of the more common grounds are as follows. For a more detailed discussion, contact our office.
Disorderly tenant. A landlord may bring an action to evict a tenant who is considered disorderly because his conduct is disturbing to the peace and quiet of other tenants. When the conduct consists of noise, it must be repetitious and excessive. In other words, it must be disorderly to a person of “normal” sensitivities. In order to evict on these grounds, the landlord must first issue a notice to cease, which is a written statement to the tenants ordering them to cease the disorderly conduct. If the disorderly conduct continues after the notice to cease, the landlord then issues a notice to quit, which is a written document served upon the tenants indicating that the landlord is terminating the tenancy as of a particular date. In the case of a disorderly tenant, the landlord must wait at least three days after the service of the notice to quit before an eviction action can be brought.
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Willful or just grossly negligent damage to the premises. A landlord can bring an action to evict a tenant for wilfully or through gross negligence causing or allowing damage to the rental premises. This does not require a notice to cease but does require a written notice to quit with a three day waiting period before an eviction action can be brought.
Violation of the rules and regulations of the landlord and/or violation of lease covenants. The landlord can bring an action to evict a tenant for a substantial violation of reasonable rules and regulations of the landlord or for substantial violations of covenants in the lease. A notice to cease is required, along with a notice to quit carrying with it a one month waiting period from the service of the notice to quit before an eviction can be brought. The violation of the rules and regulations or lease covenants must be substantial, the rules must be reasonable, and the tenant must have accepted them in writing at the commencement of the lease, or as a part of the lease, and for breach of a lease covenant the lease may have reserved the right of re-entry for that breach. What this means is that the lease itself must contain language allowing the landlord to retake possession of the rental premises for the violation of these rules, rather than simply suing the tenant for damages that flow from that breach. Acommon example of this is a tenant that keeps a pet on the premises in violation of a “No Pets” provision in the lease.
Failure to pay rent after an increase. The landlord can bring an action to evict a tenant for failure to pay rent after a notice of increase. No notice to cease or notice to quit is required. However, when the rent is increased in a month-to-month tenancy, the landlord must serve a one-month notice to quit terminating the old tenancy and another notice offering a new tenancy and stating an increased rent. This, however, does not give the landlord license to make unconscionable increases in the rent. Increases must be reasonable, which means it would be acceptable to a fair and honest person and not be “monstrously harsh and shocking to the conscience.”
Habitual late payment of rent. The landlord can bring an action to evict a tenant for habitual late payment of rents. A notice to cease and a one month notice to quit are both required. Cases in New Jersey have held that a finding of habitual late payments of rent requires at least two late payments following the notice to cease (there is no case law indicating how many payments must be late before the notice to cease is served).
Personal occupancy by owner or purchaser of unit. An owner may bring an action to evict a tenant if the unit is to be personally occupied by the owner or buyer of the unit. This applies to the owners of three cooperative or condominium units or less or the owner of a building of three residential units or less. The owner himself must seek to occupy the residential unit personally or have contracted to sell it to a buyer who wishes to occupy the premises personally (and the agreement of sale calls for the unit to be vacant at the time of closing). In this instance, the landlord must serve a two month notice to quit, essentially giving the tenant two months to move out.
Occupancy as consideration of employment. Many times people will be able to live in a leased unit rent free as a benefit of employment by the owner. This only applies when the tenant became an employee of the owner simultaneous to or before becoming a tenant. Under these circumstances, a landlord need only serve a three day notice to quit. Where the tenant became an employee of the owner after having become a tenant, the tenant must be given an opportunity to continue living there under a lease for payment of rent.
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Q. What are the landlord’s obligations with regard to the security deposit?
A. After a tenant leaves the rental property, for whatever reason, the landlord must, within thirty days of that departure, provide a written report as to the status of the security deposit and serve same upon the tenant either by personal service or by certified mail. Said report must itemize the total amount of the security deposit, plus interests accrued on that deposit during the lease term, and then itemize each deduction from the security deposit (if there are any). If money is owed to the tenant, then that money must be paid within that thirty day period. If the landlord does not pay money owed to the tenant within those thirty days, or wrongfully withholds all or a portion of the security deposit, the tenant can sue the landlord for double the wrongfully withheld security deposit. For those tenants that employ the services of an attorney, attorneys’ fees can be granted at the discretion of the court if the tenant is successful.
To prevail, the tenant must only prove the existence and subsequent termination of a qualifying residential landlord tenant relationship, the receipt of (or liability for) the security deposit by the landlord, and the failure of the landlord to return the deposit and interest within 30 days. The landlord then has the obligation (and corresponding burden of proof) to justify the failure to return the deposit and interest, which includes proving the validity of any deductions.
If the rental property is residential and not an owner occupied building with no more than two other rental units, the landlord must also give written notice, within 30 days of the receipt of the security deposit, of the name and address of the depository bank or savings and loan association where the deposit was placed, and that bank or savings and loan association must be within the state of New Jersey. If the notice is late or non-existent, the tenant, upon their written notification to the landlord, may apply security deposit current or future rents, without being required to supply another security deposit. In other words, the landlord loses his security and a tenant gets up to a month and a half free rent (since New Jersey law bars landlords from taking more than one and a half month’s rent in security).
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About the Authour: Bruce E. Gudin, Esq. is a Partner with the firm of Levy, Ehrlich & Petriello, P.C. headquartered in Newark, New Jersey. He can be reached at (973) 643-0040, ext. 104 or by e-mail at Bruce@LEP-lawyers.com.
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General14 Sep 2006 01:01 pm
Financing A College Education
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Financing A College Education
by: Kelly Gillis
So your teenager has decided to go to college. You’ve hoped for this day. You sweated through 12 years of school with your child, and have been an active participant in his/her education. You’ve been saving for this day for years, but with all the other “incidentals” of daily life, car expenses, medical bills, that new roof, the money you had hoped you’d have is not there. What you have is not quite enough for that four year private college he/she is interested in attending, and you don’t want a home equity loan. What to do?
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Today there are many federal and private loans available to help parents and students pay for college expenses. There are also billions of dollars in scholarship aid and grants available, you just need to know where to look. Some of these monies come directly from federal and state governments, others are from private sources. Generally, scholarships and grants, which do not have to be repaid, and are based on the student’s ethnicity, financial need, intended major, and GPA and SAT scores.
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The first course of action would be to try to obtain a college scholarship or grant. There is grant money available through the federal government Pell Grant. To apply for this grant, the student must complete a FAFSA, or Free Application for Federal Student Aid. The amount a student receives is based on the actual school cost and the amount the family will pay. The student could also check with his or her high school guidance counselor. The guidance counselor will know what scholarships are available if the student will be attending a college in the local area. Check with local community organizations and local businesses for possible scholarship availability. Another place to search for scholarship money is the college that you are interested in attending. Most colleges have what are called institutional awards. You can check the college website or catalog for these.
There are loan programs available to the parents, or to the student, at generally low interest rates. One federally funded loan program for parents is called PLUS Loans. Under this low interest loan program, parents can borrow up to 100% of college costs and the interest may be tax deductible. There is no collateral necessary and no pre payment penalty. The Federal Stafford Loan is a low interest loan made to the student. This is a deferred loan, meaning that loan payments may not start until the student graduates.
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General13 Sep 2006 01:01 pm
How to Make Sure Your Plants Survive the Move
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If you have house plants, and you’re moving to a new location, you have three options: donate ‘em, dump ‘em, or dare to take ‘em with you. So, you may not care for your plants like a “Professional,” but Charlie Nardozzi, senior horticulturist for The National Gardening Association, provides some great advice for those who can’t bear to leave their precious plants behind:
If you’re flying to the new location: “I believe your first step should be to contact the airline you are travelling with. They most likely have very specific guidelines (and I bet regulations) on transporting plant life. Also contact the Department of Agriculture in the state you are moving to; they may also have regulations to prevent the importation of pests.”
If you’re travelling by vehicle: “For the plants that are going in the truck, you should insure that your plants are in containers that will not break. If they are in terra cotta pots, transfer them to plastic. Perhaps it would be a good idea to go to your local nursery or garden center and ask about those black plastic nursery pots. Around here you can get used ones for a nickel a piece! Be sure to sterilize them however.”
Other tips: “Your plants will need to be kept moist during their journey. Give them a good watering and then wrap the soil tops with sphagnum moss you have soaked overnight. I would then wrap the whole pot in newspaper, and then in burlap. It probably would not be out of order to loosely wrap the foliage in burlap also to avoid breakage of leaves and stems.”
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“For cuttings, I would wrap them in the wet moss as well and wrap in newspaper. Then place the wrapped cuttings in an UNSEALED ziploc bag. Place the bags in a cardboard box with some sort of light packing material. I mail cuttings and small plants quite often and this works well, even when mailing across the country. I would definitely put these on the truck…you don’t want any unusual plants in baggies that are boxed up going through the inspection process without you there to explain…have you ever seen Midnight Express? Wouldn’t want all that trouble over a dieffenbachia now, would we?”
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If you’re moving from a large space into a small one, and don’t have room for your plants, consider donating them to local nursing homes and then you might want to contact The American Community Gardening Association, 100 North 20th St., Philadelphia, PA 19103; ph# 215-988-8785 to find the closest community garden. Otherwise, follow Charlie’s advice, and both you and your plants will continue to grow and flourish in your new environment!
Helpful Links:
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* Better Homes & Gardens offers discussion groups, a library of advice and weekly columns about gardening.
* National Gardening Association If you can’t find your the answer to your question in the NGA library, you can email questions, and they promise to respond within 48 hours.
* Empire National Nursery, LLC. is the first 24 hour on line nursery.
About the Author
Since 1989 dan the roommate man has helped 1000’s of people find roommates. Need help? Contact him at 800-487-8050 or www.roommateexpress.com
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General11 Sep 2006 01:00 pm
No Smooshing!
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No Smooshing!
by: Gary E. Anderson
From the book No Smooshing!
Gary E. Anderson
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www.abciowa.com
High school football is in full swing, and it s fun to sit in the stands on a crisp autumn night and watch our kids play. It can also be the source of some pretty funny comments by the fans, especially mothers who may be watching the only football games they ll ever witness or care to witness, for that matter.
For instance, during one recent game, our cheerleaders were standing with their backs to the field, leading a cheer of hold em, hold em! when one of the fathers in the stands yelled out, Girls! I think that s illegal!
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He was right, of course, since our team happened to be on offense at the time.
But the real gem of that night was an observation made by the halfback s mother. After watching her son trying to run off-tackle twice in a row, only to get caught up in a tangled pile of bodies at the line of scrimmage, she said, You know, it seems to me they d do a lot better if they wouldn t all just smoosh together like that.
Although her comment brought gales of laughter from everyone around her, and the rest of the night was punctuated by various people yelling no smooshing! toward the players on the field, I had to admit the lady was right. Our plays would have gone better if everyone just stopped smooshing.
All the next week, that no smooshing comment kept playing through my mind, and the more I thought about it, the more I realized that life itself is like that football game. The key to success often lies in our ability to avoid getting caught up in the tangle of everyday problems and to break into the open field in other words, to avoid smooshing.
That unintentionally profound statement also proved to be the kind of wisdom that only comes about when a person doesn t know enough about a situation to know that something is impossible. There were perfectly logical reasons for all the smooshing going on out there on the field, but that mom didn t know about any of them so she came up with a simple solution to the problem. I could relate, since I d experienced a perfect example of that when my friend Digger and I were still in high school.
We had decided that we wanted to write and sell jingles for the radio commercials. Filled with youthful enthusiasm, we threw ourselves into our quest and before a month had passed, we d already sold three. Then one night, during the recording session for our third jingle, an advertising executive happened to tell us how amazing it was that two kids could have done the impossible by selling jingles when everyone knew it could only be done by the most accomplished, professional musicians.
That was the last jingle we ever sold.
We d stopped running in the open field and bogged down in the tangle of bodies at the line of scrimmage we smooshed.
So if you have a dream, hold it up to the light, keep your eyes on it at all times, and above all never let anyone tell you that what you re trying to do is impossible.
And whenever you find yourself beginning to lose heart stop, take a deep breath, and repeat these words: No smooshing!
© Gary E. Anderson. All rights reserved.
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About The Author
Gary Anderson is a freelance writer, editor, ghostwriter, and manuscript analyst, living on a small Iowa farm. He s published more than 500 articles and four books. He s also ghosted a dozen books, edited more than 30 full-length manuscripts, produced seven newsletters, and has done more than 800 manuscript reviews for various publishers around the nation. If you need writing or editing help, visit Gary s website at www.abciowa.com.
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abciowa@alpinecom.net
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General10 Sep 2006 01:01 pm
Dressing right for winter fun.
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Dressing right for the winter wether is essential if you want to enjoy your outdoor activities. Winter clothing manufacturers make sure that your day on the slopes is warm, dry and comfortable.
You downhill escapades will require a different attire, then the stroll in the snow covered park. The dressing decisions should be based on the weather, the planed activity and the length of time you plan to stay outside.
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Dressing right for the Weather
First thing you need to do before you get ready, is to check the weather forecast. Do not just assume that since it is nice and sunny, it will stay that way. Or that it is nice where you are going, even if it is just a short distance away. Remember, Canadian winters are quite unpredictable, and the weather conditions change often without warning.
You know what weather to expect. Now you need to look at your planed activity. If your outing will include the vigorous downhill skiing on the double diamond trails, you will probably be much warmer then someone sitting in the horse drawn sleigh.
Dressing your Children right for the Weather
The clothing types and styles you choose for your children, will, of course be different from the once you buy for yourself. The reasons are quite simple.
Children, no matter what age they are, have a tendency to get quite wet when playing outside in the snow. There is so much to do. The sledding, sliding, snow ball fights, igloo building, snow castle building, and the snow angels in the fresh, white, powdery stuff. Of course they get wet! What did you expect?
Here come clothing manufacturers to the rescue! Researchers and developers come up with new fabrics, new insulations. They are making them warmer, greatly breathable and even waterproof. Kids can stay outside and play in the snow longer, they come home dry and warm.
Make sure that your kids wear gloves made with water repealing, breathable fabric. Avoid the ones made with rubber lining, when kids play in the snow, the moisture gets inside and stays there, having no way to escape. Even if you put them in the dryer, most likely they will stay wet inside, they will just smell different… and believe me, you don t want that.
Other important piece of kids winter attire is a hat. It is well known that body loses most of it s heat through the head That s why newborn babies get those tiny, little hats to protect them form getting cold.
You can protect your babies, big and small the same way. The hat you choose, should be the right size. If it is too small it will cause excessive sweating, which in a way, if persistent, may cause damage to the hair follicle. So the hat should be loose enough to allow good air circulation, and made of breathable fabric that protects form wind.
Another piece of important clothing for the active enthusiast of the winter sports is some form of neck and chest area protection. The selection of scarves, neck-warmers and hat-scarf combination is so great and versatile, there is no reason not to have them and use them.
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Right Winter Clothing
Adults will appreciate the fact that new winter sports clothing is light weight, waterproof, warmly insulated, and breathable. The top end designer lines offer quality titanium fabric coating on their outerwear.
Some suggestions for dressing the right way for the outdoors would include dressing like an onion… (not to confuse it with Shrek philosophy) we are talking here about the onion layers. You should opt for 3-4 layers.
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The layer closest to your skin, includes the long underwear, made of synthetic or natural fabric with the ability to absorb and move the moisture away from your skin, so it can easily evaporate. It should fit snugly to your body, but should not bind or restrain you in any way. If you stay dry, you will stay warm.
Insulating layer is next, this is what will actually keep you warm. . This layer will keep the cold out and warm in, simply by trapping air between the fibers. So that war sweater u got for Christmas will come in handy right here. The insulating layer should be loose enough to allow the air to circulate, but not so thick and loose to be bulky and restrict your movements. The best fabric choices here, would be wool and fleece that has the ability to spread the moisture and allow the fabric to dry faster. It is synthetic, soft, light weight and very comfortable. Make sure that your insulating layer is not made of cotton. Cotton absorbs moisture and hold it in. So if you do choose to wear cotton while having active fun in the winter wonderland, you may be, well… left out in the cold. For very cold temperatures, make sure that you wear two insulating layers to keep you warm and dry.
Final, protective layer will keep you away from the sleet and snow. The fibers used here can not only repel water, but also shield you from those gusting, freezing winds, that could make you shiver. One last feature of the latest, top of the line fabrics is the ability to let the moisture evaporate. It means that you will stay dry and warm, even if you perspire. Again, your outer clothing should fit well, allowing you the freedom of movement. The more comfortable you are, the better you will fill and the longer you will be able to enjoy your winter outing.
It is also important to protect your eyes on the snow. The beauty of the sun swept, glistening snow, may be breathtaking, but it s brightness may harm your vision. Wear good quality reflective sunglasses. Before you go outside, make sure that your eyes get used to the brightness slowly.
Our Canadian winter, can provide the best opportunities to discover the perfect places to escape the hectic lives of the city. Just choose the right clothing, stay active and warm, and your winter outing will be fun and exciting.
About the Author
Polish born-Canadian, Joanna Gerber is a professional photographer, alpine skiing enthusiast and editor of www.winter-vacations-ontario.com comprehensive guide to Ontario winter travel, resorts and family oriented activities in Ontario, Canada.
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