October 2011


My Infant Daughter’s Grandparents are Posting Pictures of Her Online Without My Permission. How Can I Stop Them?

Summary

I have an infant daughter and her grandparents are posting pictures of her online, without my permission. I’ve asked them nicely to take them down and they have not complied. Can I sue them to make them stop?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I have a daughter who is fourteen months old. Her grandparents are posting pictures of her on the internet, without my permission. Can I sue them since I’ve asked them nicely to stop and take them down?’

This is a very interesting question that you raise. In theory you could probably bring a lawsuit, under a violation of privacy action, however a simpler and less expensive route might be to send an email to both grandparents, *and* to the internet site where they are posting the pictures (Facebook, MySpace, etc.) explaining that they are violating your privacy over your objections, and demanding that they removed in order to avoid further legal action. You don’t say whether these are your parents or your daughter’s father’s parents; if the latter, it would be a good idea to have *him* write the email, or to send a similar one.

It would be even better if you include a Digital Millennium Copyright Act (DMCA) take down notice; you can read about those, and find a sample take down notice, here: http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html

Do I Have Rights as a Tenant if the House I Lease is Going into Foreclosure?

Summary

The home I’m renting is facing foreclosure. Do I have any rights?

Dear Esq. is not intended as direct personal legal advice. For direct personal legal advice regarding your own state and situation you should consult a local attorney. → You should not and may not rely on anything on this website as legal advice.

‘I just found out that the house I’m renting is going into foreclosure, and I have to move out next month. Do you have any advice, and what rights do I have as a tenant?’

You didn’t mention why you have to move out next month. If the current owner of the property is terminating your rental, then you rights are the same as under ordinary landlord-tenant law in your
state. Those laws vary considerably, so you should consult with an attorney familiar with your local landlord-tenant law to find out what your rights and options are.

On the other hand, if you are expecting to be evicted by the new owner, after the foreclosure sale, then a recent Federal law, the Protecting Tenants at Foreclosure Act, would probably apply. In most situations where you are a “bona fide” tenant, the buyer at foreclosure would have to honor the remaining term of your lease, or if you are month-to-month, give you 90 days notice before terminating your tenancy.

Again, you should check with a local attorney to ensure that none of the exceptions to that general rule apply to you. And it only applies to foreclosures through 2012 (unless the law is extended).