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Bolton Bulletin The June 2024
Tomball 990 Village Square, Suite G1100 Tomball, TX 77375 (281) 351-7897
The Woodlands 2441 High Timbers Dr., Suite 400 The Woodlands, TX 77380 BoltonLaw.com
ARE YOU #OVERSHARING? Social Media’s Impact on Privacy and Sharing
Social media has transformed the world as we know it. When I was young, stupid things that we did or said may have gotten us some teasing from our immediate friends and family. Perhaps we also had to work to re-earn the respect of people we worked with or cared about. But it usually didn’t take long for mistakes or missteps to blow over. After all — they happen to all of us. These days, we still all make mistakes, but all too often they don’t ever really go away. If you lose your temper in public, have a wardrobe malfunction, or maybe have difficulty pulling into a parking spot that should have been easy, someone nearby with a cellphone is probably recording it. At best, it will be a private source of amusement for that person. At worst, it could end up online, amusing thousands of people. Unless you are alone in a room owned and controlled by you, there is no real privacy anymore. Almost every word or action can be recorded and shared. June 30 is World Social Media Day, an important reminder to be mindful of what we share online. In the U.S., laws on recording conversations vary by state. In some states, known as “two-party consent”
states, every person who is part of an electronic conversation is required to be informed in advance about the recording. The existence of these states is why you often hear this message, “This call is being recorded for quality control purposes,” when you call a national organization. The very fact that we hear those type of warnings so often may have led you to believe that if you don’t hear that warning, there is no recording. However, only 12 two-party consent states exist in the country. In the vast majority of states, including Texas, only one person participating in a conversation has to be aware that it is recorded. But regardless of where you are or live, it is safest to assume you are always being recorded. I have really seen a shift in how the legal world views recordings. Twenty years ago, if we wanted to play a tape recording someone had made of a conversation to a judge or jury, we didn’t just have to weigh whether or not the recording had been made legally. We also had to consider the “ick” factor. This meant that if my client had recorded something that did not give them a decided advantage, I wouldn’t play it in a courtroom because the judge or jury would be more upset with my client for making the recording than they would be for what they heard. I don’t think that is nearly as true anymore. The presence of social media and its role in our lives has altered our expectations of privacy. People often share recordings and videos online — of themselves, people in their lives, and complete strangers! Nothing is truly forgotten, and it’s hard to be certain that past actions remain in the past. Social media posts and videos often serve as compelling evidence in divorce cases and can have a real impact on hiring decisions. It’s crucial to be mindful of what you put out there. I love documenting the important and enjoyable moments in my own life, and I share them freely online. I print out my Facebook posts into a book each year and keep them in my study. It’s the closest thing I have to a diary or a scrapbook. I play with the audience allowed to see an individual post, but on the whole, I am remarkably open about my life and I enjoy reading what other people post about theirs. I have learned about many important events in the lives of my family and friends from their posts on social media. I sincerely think that most of that is for the best. However, once anyone releases anything into the media, you can never really be sure it is gone, even if you take it down. Social media is a fantastic tool for connecting with others and creating lasting memories. However, it’s important to consider the long-term impact of your online activity. Think about how your posts might affect you and the other people in your lives, not just in the near future but also years down the line!
-Ruby Bolton
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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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(281) 351-7897 BoltonLaw.com 2441 High Timbers Dr., Suite 400 The Woodlands, TX 77380
INSIDE THIS ISSUE
Time to Reflect on Our Digital Footprints
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Know Your Rights: Get Your Security Deposit Back
2
Summer Chicken Salad
3
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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