Law Offices of Patrick R. Kelly - June 2024

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June 2024

Expressway Tower • 6116 N. Central Expy., #1201, Dallas, TX 75206 • 214-682-7132 Alps Building — Historic Stockyards • 222 W. Exchange Ave., Suite 106, Fort Worth, Texas 76164 • 817-382-8387

Our Summer Escape Plan

JUGGLING SOCCER, SIGHTSEEING, AND COURT SESSIONS

The cabin is the ideal spot for kayaking, fishing, and truly unwinding. It’s not fancy, but it’s exactly how I like it. Peaceful, quiet, surrounded by woods, and a great place to recharge. No matter where I am, from the shores of Seattle to the mountains of Montana, I’m always set to assist my clients. Modern technology has genuinely transformed how we work, allowing me to handle cases and consultations virtually anywhere — whether shouting from the soccer sidelines or casting a line into a cool mountain lake. As we dart between states, I’m reminded of our country’s sheer beauty and variety. It’s a reminder of why we pack up and venture out: to make memories that stretch far beyond our usual surroundings. And while the logistics of traveling with a family and balancing work might seem daunting, the joy (and cool breezes) it brings are worth every bit of effort. This summer, we’re embracing every moment, every view, and every new experience. So, here’s to a summer of soccer, sunshine, and spending time with loved ones. We’re wishing you an equally cool and fun-filled summer, from our family to yours. – Patrick R. Kelly

round for a chance to be one of eight teams to make it to the national finals in Virginia. Win or lose, we’ll be in Seattle for a week, looking to make the most of the city. So, if you’ve got any Seattle travel tips, I’m all ears — send them my way! While Sutton’s tearing up the soccer field, my middle daughter, Leighton, is diving into her own summer adventures at a two-week- long camp. Meanwhile, our youngest boy, Whitten, is following along on our Seattle (and maybe Virginia) adventures. It’s going to be a juggle, but hey, that’s half the fun, right? Next up, we’re Montana-bound. We’ve snagged tickets to a rodeo in Big Sky — can’t wait for that! We’re also going to enjoy the mountain scenery with plenty of hiking and fishing. Nothing beats the great outdoors for shaking off that city stress. And if Dallas keeps sizzling, you’ll likely find us cooling off at KayCee Pool back in Texas in between trips. Speaking of cooling off, we might sneak away to my dad’s cabin in Colorado. It’s this remote, rustic spot that’s perfect for staying connected with nature — and my clients. Thanks to the post-COVID-19 world, my office is as mobile as I am. Court hearings? Zoom has got me covered. All I need is a stable internet connection (which we now have in Colorado, thanks to Starlink) and my suit jacket and tie for those video calls. Don’t worry. The pajama bottoms stay strictly off-camera.

Summer’s rolling in, and let me tell you, the Texas heat isn’t playing around. But guess what? Neither am I because I plan on heading out of state and to kinder climates. My family and I are packing up and heading out to cool down and have adventures across the country — and, of course, I’m taking my work along for the ride. Our first stop is Seattle since my oldest daughter, Sutton, is playing in her soccer team’s national playoffs this month. We’ve never been to Seattle, so we’re all excited to cheer her on and soak in the city’s summertime sights. If they make it out of group play, they move on to the knockout

WE WANT YOU TO CONSIDER US YOUR LAW FIRM. While we specialize in bodily injury cases, we are happy to refer you to a firm that can help you with any legal issue that may arise. Please feel free to refer us to your friends and family for their legal needs. We look forward to helping you.

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LANDLORDS RESIST SECURITY DEPOSIT RETURNS RENTAL RIDDLE

Renters often worry (for good reason) about getting their security deposits back. Landlords hold all the cards and can devise countless reasons why they are entitled to keep your cash after you move out. “When I was a renter, I never once received a security deposit back,” Green Bee Memphis, a Memphis Realtor, declared in a 2023 video on TikTok. U.S. renters are among the nation’s most economically vulnerable people. According to the Joint Center for Housing Studies at Harvard University, nearly half of all renters spend more than 30% of their income on rent and utilities, a level that housing experts consider burdensome. A record-high 22.4 million renters fell into this category in 2022, up about 2% from three years earlier. No wonder the 1 in 3 Americans who rent are concerned about getting their security deposits back. Landlords tend to occupy the opposite end of the economic spectrum, and all states have enacted at least some legal protections for renters. State laws vary, but all require landlords to return security deposits to renters within 14–60 days after they move out, according to Nolo.com’s Lega Encyclopedia. Kentucky, Washington, and Green Bee Memphis’s state of Tennessee, among others, require landlords to keep security deposits in a separate account maintained for that purpose. In Connecticut, Maryland, Massachusetts, Illinois, and other states, those accounts must pay interest that must be returned to renters. “Renters often worry (for good reason) about getting their security deposits back. Landlords hold all the cards and can devise countless reasons why they are entitled to keep your cash after you move out.” ”

When landlords withhold security deposit refunds, they are typically required to give renters a list of damages to justify their decision. And they should not charge renters for routine cleaning or ordinary wear and tear — only for careless or willful damage or excessive filth. Defining ordinary wear and tear can be difficult. For example, suppose a landlord installs new carpeting before a tenant moves in, and the tenant stays four years. In that case, the carpet will inevitably show some wear after the tenant moves out, but this is typically regarded as ordinary wear and tear — not a repair that tenants should be required to cover. Other examples offered by Nolo.com incslude linoleum stains from shower spray, which is ordinary wear and tear, versus broken tiles in the bathroom, which is damage. Similarly, dents in the wall where a door handle bumped constitute normal wear and tear, while a door ripped off the hinges is damage. Tenants should notify landlords in writing within 3–5 days of moving in about any damage to the apartment so they won’t be billed for it later. One of the most common causes of tenant-landlord lawsuits is a landlord’s refusal to return a security deposit. Tenants who want to contest a landlord’s decision should gather evidence, including move-in and move-out reports and photos, and state their position in a dispute letter. If out-of-court efforts to settle a dispute fail, tenants usually can file suit in small claims court.

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TAKE A BREAK

IT’S FATHER’S DAY!

Children Create Unique Dad’s Day Gifts

Recently, people have been spending big on Father’s Day, and many wait until the very last minute. Last year, Americans spent a record $22.9 billion on Father’s Day, up nearly 10% from the previous year, according to an industry survey. And more than half of consumers don’t start shopping until the week before Father’s Day, while 3.5% wait until the very last day before the holiday, according to another survey. The second survey also revealed that over 75% of shoppers struggle to think of good Father’s Day ideas. Most settle on outings, clothing, gift cards, personal care items, or electronics. Here are three low-budget ideas you can do with your kids that are sure to charm any dad, offered by What’s Up Moms, a top parenting site on YouTube co-founded by vlogger Elle Walker. Interview Cards If your kids are preschoolers, have them answer questions about their father and record their answers on notecards. Things like, “How old do you think Daddy is? 100? What is one thing Daddy says? What does Daddy do for work? Why do you love Daddy?” The simplicity and innocence of your children’s answers will warm Dad’s heart more than any store- bought gift ever could. Shopping Spree Give each child $10 to pick out something for Dad, all by themselves, then take them to the nearest big-box store. Walker’s youngsters came up with a mirror, a pair of swim trunks, and crib sheets, and they clearly loved being empowered to make choices. Photos From a Kid’s Perspective You may be surprised at some of the angles children choose and the tender moments they capture, “even if they’re not wow-worthy,” Walker says. Her daughter caught a captivating shot of her husband, Ross, napping with their preschool son resting on his shoulder.

SUMMER CHICKEN SALAD

Ingredients

Inspired by FoodNetwork.com

Dressing • 3/4 cup crumbled feta cheese • 1/2 cup half and half • 1/4 cup mayonnaise • 1/4 cup sour cream • 1 tsp sugar • Juice of 1 lemon

• 3 boneless, skinless chicken breasts • Salt and pepper • 4 ears of corn, shucked • 3 tbsp minced dill

• 3 stalks celery, finely diced • 1 red onion, finely diced • 1 1/2 cups blueberries • 1 head of butter lettuce

Directions 1. Place chicken in a large plastic bag and pound with a mallet to flatten to 1/4-inch thickness. Drizzle with olive oil and sprinkle with salt and pepper. 2. Heat grill, then grill chicken on both sides for about 4 minutes per side; set aside to cool before slicing. 3. Grill corn until the kernels begin browning, turning regularly for even cooking. Use a knife to shave the kernels off. 4. In a bowl, mix all dressing ingredients until combined. 5. In a large bowl, combine corn, dill, celery, and onions, then stir in chicken and top with dressing and blueberries as desired. 6. Separate the head of butter lettuce into “cups” to fill with salad and enjoy!

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6116 N. Central Expy. #1201 Dallas, TX 75206

214-682-7132 Prk-Law.com

INSIDE THIS ISSUE

1

Working on the Road and Beating the Heat

2

Know Your Rights: Get Your Security Deposit Back

3

Summer Chicken Salad

3 Easy Father’s Day Ideas

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Odd Laws Protect Salamanders and Seaweed

WEIRD STATE LAWS SAFEGUARD SALAMANDERS AND SEAWEED WHAT WERE THEY THINKING?

Ignorance about the law is usually not a defense if you’re caught in a violation. Some oddball state laws, however, are so strange that they could only be described as booby traps for the unknowing. Here are two legislative oddities sure to surprise any hapless offender. 76 Salamanders A popular YouTube commentator has called out the state of Illinois for barring anyone from owning more than 75 salamanders. Why? Several salamander species are classified as endangered in Illinois, and the state regulates the commercial trade of these amphibians. The law assumes any resident who possesses salamanders valued at $600 or more intends to market them commercially — illegally. The law estimates the value of a salamander at $5, suggesting it actually prohibits owning 120 salamanders. But who’s counting? Nighttime Seaweed From the annals of lawmaking history, a 1973 New Hampshire law banned any effort to “carry away or

collect for the purpose of carrying away any seaweed … between evening and daylight.”

The backstory: Farmers in New Hampshire once collected seaweed from the beaches to use as fertilizer, leading at least one town to ban nighttime harvesting to “give everyone an equal chance” at stocking up on seaweed. However, after a group of high school students singled out the law as the state’s dumbest, lawmakers repealed it in 2016. Not all states with stupid laws are culpable. Internet jokesters questioned South Dakota about a law supposedly barring people from falling asleep in a cheese factory. The actual law makes a lot more sense: It bans setting up your bedroom in a space used to prepare food for the public. Noting the error, a Sioux Falls radio station, Hot 104.7, fired back at critics, creating their own new category of missteps: “Stupid questions people ask about South Dakota.” Fair enough!

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