Schuelke Law - June 2024

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June 2024

FAMILY REUNITING THIS SEASON SUMMER MIGRATION

of physical therapy degree. In every physical therapy program, students have to go through various clinicals, where they work in different settings to get hands-on experience, including working with their very own physical therapy patients. While our daughter’s first two clinicals were in Kauai and Temecula, California, her latest and final clinical is at a physical therapy clinic in Austin — just a few blocks from our home! It has been great having her closer to home, and we look forward even more to her moving back in with us. Restoration of the Home As luck would have it, it’s not just our daughter making a homeward rendezvous — our son is also going to be here. He has been attending school and playing baseball in the great state of Hawaii; he is a marine biology major, and the focus of his studies is the preservation and conservation of coral reefs. He is going to be making the trek from the islands back to Austin in order to work and conduct research at a coral genetics lab at the University of Texas. In case you’re wondering, I also find it surprising that one of the country’s premier coral reef labs is located in a landlocked part of Texas. Our son will be busy researching while doing everything he can to help prepare himself for his upcoming baseball season, but it will be nice to see him while he’s here. Best of All We are planning to end the summer season on a couple of high notes. Our son is a pitcher, and his pitching coach

As we enter June, we also move firmly into the new season and warmer weather. I don’t know about you, but our family always looks forward to summer. This year’s season started out especially strong: My wife, Heather, and I celebrated our 30th wedding anniversary this May. But despite the momentous occasion, the biggest anniversary gift for us was that our kids will be spending summer with us this year! Closer to a Degree As many of you know, our daughter has been working toward earning her doctor

We would like to extend thanks to all of you who have followed us on social media recently. We have sent out some Stanley drinkware to a lucky few just to say “thank you!” We are planning to send out some prizes to some of our followers every couple of months from now on.

is actually remote; we are planning on an end-of-summer family trip to North Carolina so he can see his pitching coach in person before he heads back to school. In other exciting news, our daughter is going to be taking her board exams near summer’s end as well! With any luck, we will end up having a Dr. Schuelke in the house before long. Our family has a lot going on this season, and we hope you are looking forward to your summer plans as much as we are! - Brooks Schuelke

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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 Legal 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 include 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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3011 N. Lamar Blvd., Ste. 200 Austin, TX 78705

INSIDE THIS ISSUE

1

Our Family’s Summer Reunion

2

Know Your Rights: Get Your Security Deposit Back

3

Summer Chicken Salad

3 Easy Father’s Day Ideas

Odd Laws Protect Salamanders and Seaweed

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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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