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Assaulted by another tenant in apartment complex

Discussion in 'Accidents, Injuries, Negligence' started by Kasie Henry, Aug 6, 2019.

  1. Kasie Henry

    Kasie Henry Law Topic Starter New Member

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    Jurisdiction:
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    On Friday August 2 2019 I was assaulted by my neighbor that lives two apartments down. His entrance to his apartment is about 12 feet from mine. It all started because he was harassing my 13 year old daughter as she rode her hoverboard up and down the sidewalk in front of the apartment building. He started yelling at her and telling her that she was looking in his window as she was riding by and that if she doesn't stop he would video record her. This caused her to feel very uneasy so she came inside and told me about what had just taken place.
    (A little back story before I move forward
    3 weeks ago the same man was yelling at both of my children and another child from the area for sitting yes sitting at the community picnic table. When I was told about this I went to him and told him then that I don't like him speaking to my children in any way and that if he had issues he needed to bring them to me.)
    Now we go back to what I was just saying
    After my daughter told me that once again this man approached her I was upset because yet again he's yelling at my child and making her scared telling her hes going to record her. So I go out of my apartment and go over to his ( 12 feet away) and knock on his door the moment he looks out his already open door he says oh go the fuc$ away. I then tell him I'm not going to go away and that I was sick an tired of him approaching my kids and that I would not tolerate him threatening my child and telling her that he would video record her. I then tell him that if he does this again I'm not going to be so nice the next time. I then hear him say oh really bitc% come on then. Before I know it he blasts out of his door knocking over the baby gate that's up to keep his cat in and pushes me sending me airborne and about 6 feet back landing on my back and side causing a bad concrete burn on my elbow and foot. Before I can even really rap my head around what had just happened I look up and he is coming right at me. My neighbors just below me see the whole thing and just before this man makes it to me the neighbor grabs him and puts him to the ground while the other neighbors help me up and to my apartment. Cops are called he goes to jail and the judge grants me an emergency ppo.
    This man has three other ppos from other people in the apartment complex for harassment and intimidation that were all ordered under emergency circumstances. He has had many issues with other tenants and has even assaulted some that resulted in cops coming and reports being made.
    Apartment management has been notified many many times about this man's behavior and has done nothing at all about it.
    She had not even been by to see if I'm ok she will not return my calls or texts. I made it very clear to her through text ( so I had it for my records) what has been happening many times still nothing so has many others.
    Now for my questions.
    1) Do I have legal right to withhold rent due to the fact that I feel unsafe at my own home and managment refuses to do anything?
    2) Can I sue due to the fact that managment knew this man's violent and intimidating history both from me and many other residents along with the other ppos that were granted while living at this same apartment and they have failed to remove him from the apartments?
    3) if I have legal rights to sue whom should I contact.
    P.s. the man has been bonded out and is set for arraignment at the end of this month and he still resides in his apartment.
    Thank you for reading and I'm sorry if it was hard to read.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    No. Management is not a guarantor of your safety. The only thing withholding rent gets you is evicted for non-payment.

    Sorry, but if you want to sue you sue the person that attacked you. He's the criminal.

    That's called due process. You can only hope that he does time.

    Otherwise, if you are on month to month, give proper notice and find another place to live. If you have a lease with any duration left on it, you have to decide if it's worth the financial consequences to pack up and leave.
     
  3. mightymoose

    mightymoose Moderator

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    Do not withhold rent. That will end badly for you.

    While you could sue management you are not likely to succeed.

    I have to wonder what the big deal is about video recording. That certainly is not a threat. I think you made things worse by confronting him at his apartment where YOU made a threat. Still, his actions are inexcusable.

    You got a temporary restraining order. Have you taken steps to obtain a permanent one to compel him to have no contact with you or your kids? Have you instructed your kids to avoid the area of his apartment?

    There are some simple things you can do that would prevent this confrontation. Your best option, given your frustration with the management, may be to find a new apartment.
     
  4. Kasie Henry

    Kasie Henry Law Topic Starter New Member

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  5. mightymoose

    mightymoose Moderator

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    The lease provides that a landlord MAY remove a tenant, not that the landlord MUST. It is at the landlord's discretion.
     
  6. Kasie Henry

    Kasie Henry Law Topic Starter New Member

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    It's not a temporary restraining order it was just issued without needing to show cause in a court I submitted documents to support needing an emergency ppo. To touch on ur comment about " what the big deal is for filming my 13 year old daughter" firstly he has more then one restraining order that was ordered by the courts due to making hurrasing and sexual advances on a minor prior and another adult women so forgive me if I feel someone about a 50 something year old man looking for reasons to film my 13 year old daughter and regardless it was enough to make her feel unsafe in her place of residence I'm going to guess u have no children
     
  7. Kasie Henry

    Kasie Henry Law Topic Starter New Member

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    So your telling me that managment holds no responsibility is safe guarding the tenants at their property?
     
  8. Kasie Henry

    Kasie Henry Law Topic Starter New Member

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    Can any of you that has replyed to any of this please provide information on if your an attorney with any experience and if so how much experience you have?
     
  9. mightymoose

    mightymoose Moderator

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    An emergency order is usually valid for a short period of time. Whatever you have, review it for an expiration date. You may have to take further action to extend the order.

    I understand why you wouldn't want the man to record your daughter, but there is nothing illegal about him doing so, and staying that he will do so is certainly not a threat. If this person is perceived to be so dangerous I would expect parents to not allow children to go anywhere near him.

    I hope that you can recognize that by going to his home and making a statement that next time you won't be so nice is easily perceived as more of a threat. I make no excuse for his actions, but it appears to me your own actions are a key element to the end result, and could be why the landlord is not taking action.

    Regardless, you have your protective order. Report every single violation of it.
     
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  10. mightymoose

    mightymoose Moderator

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    Management does have certain responsibilities, but not everything is under their control or their fault. If you insist they take action against the neighbor you may find they also take action against you. After all it was you who went to the neighbors apartment and threatened him. The highlighted #4 applies to all tenants, not just the neighbor in question.
     
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  11. justblue

    justblue Active Member

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    Scroll to the bottom of this page and read the legal disclaimer.
     
  12. army judge

    army judge Super Moderator

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    Keep your children away from dangerous critters and predators.

    Looking into the lair of a predator or even passing near the door of a predator's cave can be hazardous to one's health.

    A predator has no fear of a piece of legal paper.

    Protect you and yours by staying at least five miles away from any predator.
     
  13. sandyeggo

    sandyeggo New Member

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    Management is not there to settle little squabbles between residents and police the community. The cops are who you call for that. You instigated the confrontation. If you expect management to evict him for his behavior then expect management to evict you, too.
     
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