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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. Great Deals Free AD for items under SSO Call 987-1823 for details Mxru&tenr JBatJy LOCAL Courtesy The Stay Well company Additional usage of “Now, Discover Your Strengths” Last week’s article described ways that leaders can apply the book “Now, Discover Your Strengths.” If you missed that article, contact me and I’ll send a copy. aToday’s article offers additional ideas. I have no personal stake in the financial success of this book. I just think that authors Marcus Buckingham and Donald Clifton have provid ed leaders with an enlight ening tool for identifying and enhancing talent. There are tremendous insights to be gained in the first 75 pages of the book! My suggestion is that when you read, you heavily high light, underline, and make marginal notes. Imagine as you read that you are gath ering information to share with individuals you are mentoring. Ask the members of your leadership team to also read the book and simi larly capture new wisdom. Set aside at least an hour to share observations and consider practical applica tions for your organization. (Warning: once you start, you may find that you need a full afternodn to explore all the valuable ideas!) Huge personal insights, however, present them selves after taking the Strengths Finder Profile, an on-line evaluation of your behavior patterns. The book describes how to access this assessment tool (you’ll need a copy of the book for each person who desires to participate in the Profile). The Strengths Finder Profile takes about half an hour to complete. Subscribe today Call 987-1823 • i'mm ‘<*&mm >:. : ft"- ► Go Karts, pDirt Bikes Electric Guitar s s9 o# Acoustic Guitar Adult $ 39 88 child $ 24 88 Banjos $ 42 73 Shampoo - Lotion , *nn Household Cleaners Cell phone accessories: Cases, Auto & Home Chargers and much, much more @ $1- each. Kitchenware, Clothes, Cleaning Supplies. TONS OF ITEMS! 79 Green St. - Warner Robins, GA 92*?-0002 (One Block From Hwy. 247) . HOURS: 10am - spm Mon-Sat A 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 colleague or a competent coach. 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 restrain me?” You see, we all tend to hold ourselves back. One of the empowering experi ences most people have in reviewing their dominant talent themes is that they feel legitimized. Many individuals report Assessing Your Leadership Skills | -SBS/person o &e<2xi<%u<z'iten& iTwin tS.e.t - $ 99 00 I mm - sll9 °° I AiStu.e.entSjet ■ $ 159 00 I iKin«g>S t et - $ 229 00 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. 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