Newspaper Page Text
HOUSTON DAILY JOURNAL
Jack, Jill fell down the hill
But Jill still
wants the rent
Dear Mr. Rockefeller,
I rented an apart
ment and moved
out after my lease was
up. My ex-roommate,
Jill, is telling me that I
have to keep paying rent,
even though I am not liv
ing there (she wanted me
to leave my appliances
behind for her use). Do
I have to still pay the
rent?
Dear Reader, I venture to
say that, other than buy
ing a car, the most common
contractual dispute involves
residential rental property.
So, your question is prob
ably something which we all
experience in one fashion or
another!
Most apartment leases are
written although technically
they need not be - real estate
contracts often do, pursuant
to an old legal rule called the
“Statute of Frauds,” which
have to be if they are in
excess of 12 months.
Your specific obligations
have ended; except that
some of your property has
been left behind with Jill.
This complicates things.
A tenant who overstays a
lease can be contractually
obligated by a “new” con
tract, either by oral agree
ment or operation of implied
fact. This contract could be
a continuation of the lease
and/or something else with
Jill, in theory, you could end
up with separate contracts
with each of them!
Even though it does not
Even though it does not
The foot doctor
A lesson on hammer toes
What are hammer toes?
Hammer toes are the buckling of
any of the toe joints. Affected joints
may include joints at the end or middle of
the toe, as well as the joint near the ball of
the foot. Tight tendons or muscle in-balance
are usually the cause of
the toe joints to curl.
Hammertoes vary in
severity and in the num
ber of joints and toes
involved. Hammertoes are
either flexible or rigid.
A flexible hammertoe
can be straighten with
your finger and most are
not painful. A rigid ham
mertoe cannot be moved
even with your finger.
Rigid joints may cause foot movements
that are painful and distort. This may put
extra stress on the balls of the feet, causing
a callus to develop.
Are little toes causing you problems?
When your body moves, your little toes
help to balance and propel you. Your lit
tle toes bend to grip the ground as your
foot flattens. They straighten up, acting as
levers, to help push your foot so you can
Perry CVB director completes program
Special to the Journal
DAHLONEGA - Sheila
Averett Jones, executive
director of the Perry Area
Convention and Visitors
Bureau recently completed
the second year of a three
year professional develop
ment program that will lead
to certification as a Tourism
Marketing Professional.
Jones was one of 225
tourism professionals who
became students for a week
at the Southeast Tourism
Society Marketing College.
The program turns the
facilities of North Georgia
College and State University
in Dahlonega into a labora
tory to teach tourism mar
keting each summer.
This was the 15th year for
the STS Marketing College.
According to a release, there
is no other professional
development program like
the STS Marketing College,
and it is recognized nhtion
ally for its training of tour
ism leaders. 315 people have
earned TMP certification.
“In the tourism indus
try, TMP certification car
ries a lot of weight,” said
Bill Hardman, president
and CEO of the Southeast
Tourism Society, an 11-state
look like you have entered
into an oral contract, I still
want to make a few com
ments, to illustrate just how
dangerous it is to rely on one.
I receive calls all the time,
wondering about suing over
a “handshake” deal. You
can, but it is next to impos
sible to prove its “terms.”
And, when the Court cannot
ascertain the exact details
(terms), of a contract, the
t
,j
Jim Rockefeller
Columnist
ALWAYS make sure you
have something in writing
signed by both parties (there
don’t have to be any wit
nesses, the signatures do not
have to be notarized, it just
has to be dated, in writing,
and have the terms spelled
out).
So the question is what, if
any, “implied in fact” con
tract exists between you
and either Jill or your ex
landord. As a general rule,
the shortest period for an
implied residential lease is
a month. This is called a
“month-to-month” contract.
The parties never can pretty
much negotiate a lease of
just about any length (short
or long), if you want, but
this is what the law will
assume as its length.
Here, it is pretty clear that
you have not obligated to
9
Dr. Jokhai
Columnist
The Foot Doctor
walk, dance, or run.
Hammertoes may develop if the front
of your foot is wide. Another increase in
the development of hammertoes consists of
wearing tight pantyhose, socks, and shoes.
Hammertoes are little toes that buckle or
curl under. Over time, hammertoes may
cause hurtful pain and movement to be dif
ficult.
organization that promotes
travel and tourism in the
Southeast.
The STS Marketing
College began in 1992 to
provide continuing educa
tion for tourism profession
als. Tourism ranks as the
first-, second- or third-larg
est industry in each STS
member state. Students
come from convention and
visitors bureaus, chambers
of commerce, attractions,
hotels and other segments
of the tourism industry.
The curriculum covers
topics that range from fam
ily vacation research and
special events marketing to
media relations and creative
advertising. Heritage tour
ism and community/rural
tourism are courses that
have attracted special inter
est in recent years.
“The fundamental concept
of STS Marketing College is
that the curriculum is prac
tical. What students learn
can be put to practice as
soon as they get back to
their workplaces,” Hardman
said.
Twenty-five senior execu
tives in the travel and tour
ism industry serve as volun
teer faculty.
The marketing college
live in the apartment, except
that leaving your appli
ances there might obligate
you to pay something. But,
Jill is using them - so, you
could argue that you are
not “storing” them and the
contract is more about Jill
borrowing your appliances.
Unfortunately, because you
do not have anything in
writing, how do your prove
that you were asked to leave
the appliances there? That’s
the problem with an oral
contract.
Your other problem is that
lurking around is the ex
landlord.
Because you left your
appliances there, you are
using the landlord’s apart
ment to “store” your appli
ances, that could create a
month-to-month contract
with landlord. However,
your landlord is going to
expect rent payment from
Jill (not you), since that is
who is still living there.
Which brings us back to
Jill. Your options, then, are
get your appliances out of
there!
If you don’t, you might
find yourself still paying
rent to the ex-landlord, if Jill
reneges on the responsibility
to pay timely rent.
'Warner Robins attor
ney Jim Rockefeller is the
former Chief Assistant
District Attorney for
Houston County, and a for
mer Florida State Attorney.
Owner of Rockefeller Law
Center, Jim has been in pri
vate practice since 2000.
E-mail your comments or
confidential legal questions
to ajr@rockefellerlawcenter.
com
proposed
contract
is often
unenforce
able. The
bottom
line is that
you should
never
upon
3H Oral
agree
ment and
'
j
l A/f' ■ ' V
attracts students from
throughout the Southeast
and occasionally from other
states. This year’s program
included students from
Arizona and Oklahoma.
“The Southeast Tourism
Society is recognized nation
wide for the cohesiveness
and camaraderie it fosters in
the region. No other region
has a similar organization.
Our marketing college is a
major project to build skills
and professionalism in the
tourism industry,” Hardman
said.
The 11 STS states are
Alabama, Florida, Georgia,
Kentucky, Louisiana,
Mississippi, North Carolina,
South Carolina, Tennessee,
Virginia and West Virginia.
STS headquarters are based
in Atlanta.
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LOCAL
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Additional usage of “Now,
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Last week’s article
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My suggestion is that when
you read, you heavily high
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Ask the members of your
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Set aside at least an hour
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consider practical applica
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(Warning: once you start,
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Huge personal insights,
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At the end of the evalua
tion, you receive a descrip
tion of your five most domi
nant talent themes.
The book thoroughly
describes each talent theme,
allocat
mo s t
dOm i -
na n t
themes
right
away, just to satisfy your
curiosity.
Beware the temptation to
quickly read these descrip
tions and flippantly say,
“Yep, that sure sounds like
me.” If you stop at that
level of awareness, you are
severely short-changing
yourself!
Instead, consider doing
a more in-depth analysis
using a trusted friend or
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With each dominant
theme, go through the
description one sentence at
a time.
As you read each phrase,
ask this question: “What
services might I provide and
what contributions might I
make, if I consider creative
ly applying this talent and
I release the brakes that I
am currently allowing to
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You see, we all tend to
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Many individuals report
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THURSDAY, AUGUST 24, 2006
Dennis Hooper
Leaders Building
Leaders
Prime Rib
Seasoned to Perfection
F. Dennis Hooper
Certified
Leadership Development Coach
Building leaders and
organizations of excellence
(478) 988-0237 dhooper2@juno.com
that these themes describe
who they really are better
than they’ve ever been able
to express!
As you consider possible
stretches for yourself, make
lots of notes.
Keep thinking, seeking to
become more and more cre
ative. Invite your trusted
ally to also offer sugges
tions.
When you’ve evaluated all
five of your dominant talent
themes, step back from the
details and reflect on the
options you have generat
ed. Consider your vision for
your future - has it changed
because you’ve gained some
new perspectives?
Pursuing any of the
options will require an
investment of time and
energy.
What are the top two or
three ideas that will yield
the greatest return on such
an investment? Write out
scenarios that describe the
potentials you want to pur
sue.
Share your insights with
your colleagues and with
your boss. Ask them for
their help in supporting you
as you stretch yourself in
the areas of your dominant
talents.
I also encourage leaders
to share their new insights
with those under their
authority.
How inspiring it is to have
your boss openly request
your support in enhancing
his or her strengths!
You can reach him
atdhooper2@juno.com
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