Every lease includes an implied covenant of quiet enjoyment, which prevents a landlord from interfering with the tenant’s quiet enjoyment and possession of the property. This covenant is breached if the tenant is constructively evicted.
Constructive eviction occurs when: (1) the landlord breached a duty to the tenant; (2) the landlord’s breach caused a loss of the substantial use and enjoyment of the premises; (3) the tenant gave the landlord notice of the condition; (4) the landlord failed to remedy the condition within a reasonable time after notice was given; AND (5) the tenant vacated the premises.
Upon being constructively evicted, the tenant may terminate the lease and seek damages. Additionally, a tenant can avoid rent owed during the time-frame she was constructively evicted.
A warranty of habitability is implied in every residential lease. The implied warranty of habitability requires that the landlord provide a place to live (apartment, home) that is habitable. A property is deemed habitable if it’s reasonably suitable for human needs (the local housing or public safety code must be considered for specifics – but usually adequate heat, running water, electricity, structurally sound).
Upon a breach of the warranty of habitability, the tenant may: (a) move out and terminate the lease; (b) withhold or reduce the rent; (c) repair the issue and deduct the cost from the rent; OR (d) remain on the premises and sue for damages.
"Alan Wake 2", det senaste spelet från utvecklaren Remedy Entertainment, har blivit företagets snabbast säljande spel någonsin. Med en stark berättelse som lockar till sig både gamla fans och nya spelare, har spelet sålt över 2,3 miljoner kopior från dess lansering i oktober till början av februari. Denna framgång understryker den starka efterfrågan på kvalitetsspel som erbjuder djupa och engagerande berättelser.
Remedy Entertainments förmåga att skapa unika spelupplevelser, som kombinerar innovativ gameplay med rika, berättelse-drivna världar, har länge uppskattats av spelgemenskapen. "Alan Wake 2" fortsätter denna tradition, och erbjuder en mörk och spännande uppföljning till det ursprungliga spelet. Framgången för "Alan Wake 2" bekräftar inte bara Remedys ställning som en ledande spelutvecklare men understryker också den växande betydelsen av berättelse i videospel.
Den positiva mottagningen av "Alan Wake 2" visar på spelarnas uppskattning för kvalitetsberättelser och atmosfärisk världsskapande. Detta framgångsrika resultat belyser den fortsatta trenden mot mer berättelse-centrerade spel, där spelare söker mer än bara traditionell gameplay. Det är en trend som Remedy Entertainment har varit i framkant för, och deras senaste framgång med "Alan Wake 2" sätter en hög standard för framtida projekt inom spelindustrin.
JavaScript is designed on a simple object-based paradigm. An object is a collection of properties, and a property is an association between a name (or key) and a value. A property's value can be a function, in which case the property is known as a method.
Objects in JavaScript, just as in many other programming languages, can be compared to objects in real life. In JavaScript, an object is a standalone entity, with properties and type. Compare it with a cup, for example. A cup is an object, with properties. A cup has a color, a design, weight, a material it is made of, etc. The same way, JavaScript objects can have properties, which define their characteristics.
In addition to objects that are predefined in the browser, you can define your own objects. This chapter describes how to use objects, properties, and methods, and how to create your own objects.
Do the right thing. It will gratify some people and astonish the rest.
Keep away from people who try to belittle your ambitions. Small people always do that, but the really great make you feel that you, too, can become great.
Truth is stranger than fiction, but it is because fiction is obliged to stick to possibilities; truth isn't.
Never argue with stupid people, they will drag you down to their level and then beat you with experience.
Courage is resistance to fear, mastery of fear—not absence of fear.
Of all the animals, man is the only one that is cruel. He is the only one that inflicts pain for the pleasure of doing it.
It’s not the size of the dog in the fight, it’s the size of the fight in the dog.
If you don’t read the newspaper, you’re uninformed. If you read the newspaper, you’re misinformed.
The trouble is not in dying for a friend, but in finding a friend worth dying for.
Truth is the most valuable thing we have. Let us economise it.
Don’t part with your illusions. When they are gone you may still exist, but you have ceased to live.
Laughter without a tinge of philosophy is but a sneeze of humour. Genuine humour is replete with wisdom.
If you tell the truth, you don’t have to remember anything.
The man who does not read has no advantage over the man who cannot read.
What do we call love, hate, charity, revenge, humanity, forgiveness? Different results of the master impulse, the necessity of securing one’s self-approval.
Get your facts first, then you can distort them as you please.
All you need in this life is ignorance and confidence, and then success is sure.
Whenever you find yourself on the side of the majority, it is time to pause and reflect.
Suppose you were an idiot, and suppose you were a member of Congress; but I repeat myself.
There is no distinctly American criminal class - except Congress.
It is curious that physical courage should be so common in the world and moral courage so rare.
Patriot: the person who can holler the loudest without knowing what he is hollering about.
Why shouldn't truth be stranger than fiction? Fiction, after all, has to make sense.
All you need in this life is ignorance and confidence, then success is sure.
It is noble to teach oneself, but still nobler to teach others—and less trouble.
Types of Leasehold Interests
A lease provides the tenant with a present possessory interest in the real property (subject to any terms and conditions agreed to), and gives the landlord a future interest in the property. In most states, the statute of frauds requires a lease of more than one year to be writing.
Three types of leaseholds exist: (1) tenancy for years; (2) periodic tenancy; AND (3) tenancy at will.
A Tenancy for Years lasts for a fixed period of time (there is a specified beginning and end date), as agreed by the landlord and tenant. The lease automatically terminates after the fixed period.
Normally, a tenant CANNOT terminate a lease prior to the end of the term, unless constructive eviction or another exception applies.
o A Periodic Tenancy lasts for an initial period and then automatically continues for additional equal periods (i.e. weekly, monthly) until it is terminated by the landlord or tenant. A periodic tenancy may be created: (a) expressly by agreement; (b) by implication if rent is paid at specific periods (i.e. every week or month); OR (c) by law when a tenant-for-years remains after termination of the period or when a lease agreement is invalid.
A periodic tenancy can only be terminated (1) at the end of a natural lease period, AND (2) requires written notice at least a full period in advance. For example, a periodic month-to- month tenancy requires a one-month notice of termination. An exception exists for a periodic year-to-year tenancy, in that only 6-months’ notice is required.
A Tenancy at Will continues until either party terminates it, and is usually created by an express agreement. In most states termination of a tenancy at will requires giving: (1) notice of termination; AND (2) a reasonable time to quit the premises. In a minority of states, termination does not require notice to the tenant.
Reimbursement for Improvements: A co-tenant who makes improvements to the property is NOT entitled to reimbursement from the other co-tenant(s), UNLESS there is a separate agreement to the contrary. At the end of the co- tenancy (i.e. a partition or sale of the property), the improving co-tenant bears all the downside risk of the improvements, but also has all of the upside gain. Thus, if the property appreciated because of the improvements, only the improving co-tenant is entitled to that increase in value.
Reimbursement for Mortgage & Tax Payments: All co- tenants are responsible for their proportionate share of mortgage, tax payments, or assessments (includes all payments that could result in a lien on the property if unpaid). HOWEVER, in most states, a co-tenant that is in sole-possession of the property CANNOT recover for such payments unless the payments exceed the reasonable rental value of the property.
Rent from Co-Tenant: An out-of-possession co-tenant DOES NOT have the right to receive rent from the in- possession co-tenant, UNLESS the in-possession co-tenant wrongfully ousted the out-of-possession co-tenant from the property. When one co-tenant voluntarily quits (or simply does not use) the property, the other co-tenant is not liable for rent for his use of the entire property. Thus, a co-tenant CANNOT collect rents from another co-tenant who is in exclusive possession of the premises, unless: (a) there is an agreement to the contrary; OR (b) the co-tenant seeking rent was wrongfully ousted.
Rent from a Third-Party: If an in-possession co-tenant rents the property to a third-party, the out-of-possession co-tenant is entitled to his fair share of the rent paid by the third-party.
Reimbursement for Repairs: A co-tenant is entitled to reimbursement for the costs of necessary repairs that the co- tenant paid for, UNLESS there has been a wrongful ouster. The amount of reimbursement is determined by the percentage share each co-tenant owns in the property (i.e. if a co-tenant owns a 50% share then the co-tenant is obligated to pay 50% of the repair costs).
They’re mopping when I come out the dorm, all three of them sulky and hating everything, the time of day, the place they’re at here, the people they got to work around. When they hate like this, better if they don’t see me. I creep along the wall quiet as dust in my canvas shoes, but they got special sensitive equipment detects my fear and they all look up, all three at once, eyes glittering out of the black faces like the hard glitter of radio tubes out of the back of an old radio.
This morning I plain don’t remember. They got enough of those things they call pills down me so I don’t know a thing till I hear the ward door open. That ward door opening means it’s at least eight o’clock, means there’s been maybe an hour and a half I was out cold in that Seclusion Room when the technicians could of come in and installed anything the Big Nurse ordered and I wouldn’t have the slightest notion what.
There are some of us Chronics that the staff made a couple of mistakes on years back, some of us who were Acutes when we came in, and got changed over. Ellis is a Chronic came in an Acute and got fouled up bad when they overloaded him in that filthy brain-murdering room that the black boys call the “Shock Shop.” Now he’s nailed against the wall in the same condition they lifted him off the table for the last time, in the same shape, arms out, palms cupped, with the same horror on his face.
And, my friend, if you continue to demonstrate such hostile tendencies, such as telling people to go to hell, you get lined up to go to the Shock Shop. The Shock Shop is jargon for the EST machine, the Electro Shock Therapy. A device that might be said to do the work of the sleeping pill, the electric chair, and the torture rack. It’s a clever little procedure, simple, quick, nearly painless it happens so fast, but no one ever wants another one. Ever.
You are strapped to a table, shaped, ironically, like a cross, with a crown of electric sparks in place of thorns. You are touched on each side of the head with wires. Zap! Five cents’ worth of electricity through the brain and you are jointly administered therapy and a punishment for your hostile go-to-hell behaviour, on top of being put out of everyone’s way for six hours to three days, depending on the individual. Even when you do regain consciousness you are in a state of disorientation for days.
I’ve heard that the Chief, years ago, received more than two hundred shock treatments when they were really the vogue. Imagine what this could do to a mind that was already slipping. Look at him: a giant janitor. There’s your Vanishing American, a six-foot-eight sweeping machine, scared of its own shadow. That, my friend, is what we can be threatened with.
So I used to try not to get in too deep, for fear I’d get lost and turn up at the Shock Shop door. I looked hard at anything that came into sight and hung on like a man in a blizzard hangs on a fence rail. But they kept making the fog thicker and thicker, and it seemed to me that, no matter how hard I tried, two or three times a month I found myself with that door opening in front of me to the acid smell of sparks and ozone. In spite of all I could do, it was getting tough to keep from getting lost.
A victim inside is getting his treatment and I can hear him screaming. The door opens inward with a whoosh, and I can see the twinkling tubes in the room. They wheel the victim out still smoking, and I grip the bench where I sit to keep from being sucked through that door. A black boy and a white one drag one of the other guys on the bench to his feet, and he sways and staggers under the drugs in him. They usually give you red capsules before Shock. They push him through the door, then the door pulls shut, phumph, with metal hitting a mattress, and I can’t see him anymore.
“That’s the Shock Shop I was telling you about some time back, my friend, the EST, Electro-Shock Therapy. Those fortunate souls in there are being given a free trip to the moon. No, on second thought, it isn’t completely free. You pay for the service with brain cells instead of money, and everyone has simply billions of brain cells on deposit. You won’t miss a few.” He frowns at the one lone man left on the bench. “Not a very large clientele today, it seems, nothing like the crowds of yesteryear. But then, c’est la vie, fads come and go. And I’m afraid we are witnessing the sunset of EST. Our dear head nurse is one of the few with the heart to stand up for a grand old tradition in the treatment of the rejects of sanity: Brain Burning.”
Everything done here is for the patient’s good. You may sometimes get the impression, having lived only on our ward, that the hospital is a vast efficient mechanism that would function quite well if the patient were not imposed on it, but that’s not true. EST isn’t always used for punitive measures, as our nurse uses it. A number of supposed irrecoverables were brought back into contact with shock, just as a number were helped with lobotomy and leucotomy. Shock treatment has some advantages; it’s cheap, quick, entirely painless. It simply induces a seizure… they give some of us pills to stop a fit, give the rest shock to start one.
One flash and you’re unconscious immediately. No gas, no needle, no sledgehammer. Absolutely painless. The thing is, no one ever wants another one. You … change. You forget things. It’s as if the jolt sets off a wild carnival wheel of images, emotions, memories. These wheels, you’ve seen them; the barker takes your bet and pushes a button. Chang! With light and sound and numbers round and round in a whirlwind, and maybe you win with what you end up with and maybe you lose and have to play again. Pay the man for another spin, son, pay the man.
Put your troubled mind at ease, my friend. In all likelihood you needn’t concern yourself with EST. It’s almost out of vogue and only used in the extreme cases nothing else seems to reach, like lobotomy.
McMurphy had a petition in the mail to somebody back in Washington, asking that they look into the lobotomies and electroshock that were still going on in government hospitals. I just wonder, the guys were beginning to ask, what’s in it for old Mack?
The ward door opened, and the black boys wheeled in this Gurney with a chart at the bottom that said in heavy black letters, MCMURPHY, RANDLE P. POST-OPERATIVE. And below this was written in ink, LOBOTOMY. They pushed it into the day room and left it standing against the wall, along next to the Vegetables. We stood at the foot of the Gurney, reading the chart, then looked up to the other end at the head dented into the pillow, a swirl of red hair over a face milk-white except for the heavy purple bruises around the eyes.
`timescale 1ns/1ps
function void verification_antics(bit [7:0] data);
if ((~data[0] | data[3]) && !(data[6]^data[2])) begin
`uvm_info("WACKO", $display("data = 0x%0h", data), UVM_LOW)
end
int score = 0;
for (int i = 0; i < 8; i++)
if (data[i])
score += (i + 1) % 5;
else
score -= (i + 1) * 3;
#2ns;
if (score inside {666, 420, 69})
`uvm_fatal("WACKO", "Wackiness!")
endfunction : verification_antics
Are we an employee of the organization, are we a volunteer of the organization, or has the organization hired an outside solicitor? Believe it or not, this does happen. There are for-profit organizations that do fundraising on behalf of nonprofits. But it's very important that our donors know who it is that's approaching them, whether it be by telephone or by face to face visit. We want our donors to understand who we are and what role we play within our organization. Next, we want to be sincere with our donors when they desire not to be included on a mailing list or an email list. So many of our organizations will do direct mail campaigns, which we'll talk about a bit more later, but we conduct direct mail campaigns soliciting the masses in our databases, it could be thousands of individuals for smaller annual gifts.
Sometimes, major donors desire not to be on those mailing lists. And we owe it to them to respond to any requests they may have to be removed from certain mailing lists or e-mail lists. And then our donors deserve to receive prompt, truthful, forthright answers. If they ask us a question, we need to get back to them quickly with an honest response, an honest answer. Ultimately, this is just good business practice, but we really do owe it to our donors that if they have questions, we will be happy to answer those questions in a timely manner. These are just some of the ethical issues we face in fundraising. There are some of the issues around confidentiality that we must always think about anytime we're working with the donor, small or large. And there are things that are very important for us to understand as we begin to build relationships with our donors, and these being relationships that could last for generations, decades to come, it is in our best interest to make sure that we do this right and that we are honoring all of the tenets of this Donor Bill of Rights.
Very famous document within the development profession, one that is widely known and used by both fundraisers and by our donors, is something that is called the Donor Bill of Rights. The Donor Bill of Rights is ultimately a manifesto on what it means to have a relationship with a donor, and once they've trusted us with their financial resources, the deliverables that they should expect as a donor to our organization.
Sometimes though donors will tell us they don't want the dollar amount to be announced in any public way, but they will be just fine with it being acknowledged in writing through a letter from the president of our organization or leadership or being listed in a donor honor roll within a giving range. So we always want to have the discussion with our donors to identify exactly what degree of confidentiality they wish to have. And then many of our donors desire no confidentiality. They actually want us to talk about their gift, promote it, and be very vocal, because they understand and expect that their gift will inspire others to give also. It's very important also to be transparent when we're talking with our donors and that we identify who we are and what our role is with the organization.
Again, as a public entity, a public university or a publicly funded nonprofit would not necessarily in some states be able to guarantee confidentiality or anonymity for their donors. They would need to tell their donors that upfront. But in other cases and for some nonprofits, nearly complete confidentiality can be offered. Sometimes, donors say they want their gift to be confidential meaning the dollar amount of their gift. They don't want the world to know they just committed $500,000 to a certain organization. Very often this is because they don't want other nonprofits knocking on their door or become an easy target for every other nonprofit in their community or neighborhood.
Many laws, particularly state laws, prohibit organizations from hiding the identity of their donors. Particularly, if your nonprofit is supported in any way, shape or form by the State Government. For example, public universities have a very difficult time in many states maintaining anonymity and confidentiality for their donors. But there are many layers to confidentiality. And we want to always ask our donors and be very transparent with our donors about what level or degree of confidentiality they desire and more importantly, what we can provide them.
So it's important for us to know that upfront when we're working with the donor. For our annual fund donors or those donors who give once a year at a lower level, we generally don't have a personal relationship with them where we can actually ask how they'd like to be acknowledged or recognized. But as a standard rule of thumb, all donors whether they're five dollars or $5,000,000 would receive some type of a written acknowledgment of their gift and a tax receipt that would demonstrate that you received the gift, it has been processed, and gives them a document that they can use for their own personal reasons. Additionally, let's drill down and talk about confidentiality. This is so incredibly important to many of our donors, but it's a very complex issue to think about within fundraising.
This goes without saying and it's somewhat repetitive to what I said earlier, but ultimately, we want to demonstrate back to our donors. And often, this is done through reports, or conversations, or at least in writing to our donors that actually shows that the funds were used appropriately and the impact that those funds had on the mission of the organization. We also really do owe it to our donors that we acknowledge and recognize them as is appropriate. Very often the donors have a lot of say in this. They may not want a lot of public recognition for their gifting or they may wish to be listed in donor honor rolls or have their name listed on their website or have their gift announced in the case of a larger gift. We want to meet the donors where they're at and recognize them or acknowledge them in an appropriate way that makes them comfortable.
It's also important that we provide financial statements to our donors. Very often, these are financial statements available on websites to ensure complete transparency. But often, they're sent to our donors as well at least once annually, that shows the organization's health. That demonstrates how the organization is doing not only in fundraising, but how they manage the funds and how they manage their budgets. Also, as I mentioned earlier, we want to assure that their gifts are used for the purposes in which they were given.
Next, that we are very transparent about our governing boards. Each nonprofit is established a bit differently from each other, but most of us have governing boards or a group of trustees or a group that guides the organization or governs in many cases the actual organization's behaviors and processes. This would include how dollars are invested and, of course, how dollars are spent. It is important to be very transparent about who serves on our governing boards and that our donors are very clear about who those individuals are and what their roles are.
First, that we spend the money that they have entrusted us with for the intended purpose. That we actually use the dollars to go towards the piece of our organization or the cause that we've articulated to our donors as how we will spend the money. This would mean, for example, if the Red Cross were to raise funds for hurricane relief, that those dollars were actually spent for hurricane relief and not another natural disaster. This could mean in the context of a university, that if a donor endows a scholarship for a student in the College of Business, that those funds go to each year a student in the College of Business and not a student in the law school. So, once we've established the purpose of the donors gift, it is our obligation, as a non-profit organization, to use those funds as intended.
