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eviction help

Discussion in 'Commercial Landlord & Tenant Issues' started by shirley lundrigan, Mar 26, 2017.

  1. shirley lundrigan

    shirley lundrigan Law Topic Starter Guest

    please help we went to court because we put out a harassment order on the tenant and the tenant sent us a restraining order after.when we got to court we were told to discuss the matter so we did our agreement ended up being they would stop the restraining order if we dropped the harassment we agreed even tho there was no truth to the restraining order.since then the next morning the tenant tried to give us half of march rent and the rent for april minus the increase the tenant owes febuary 800,march 900 and april will be 900 o to increase we said no then same day at 2pm my brother that lives in the building and is disabled with mental issues was approached by tenent and handed him a envelope and said give this to your mom the landlord and then asked him to sign for something.thank god my brother aint that dumb he refused and told tenant he had to call his mom first.after this we heard nothing until 1215 pm on friday i was left a message by there attorney stating that the court clerk accidentlly dismissed the entire case instead of the restraining order only.my question is can i keep the harassment were they try to manipulate and intimidate my brother to take the envelope and how do i get the case reopened and under there circumstances can the harassment stay on.please help and thank you
  2. mightymoose

    mightymoose Moderator

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    You need to contact the court clerk.
    If they made an error they should be able to correct it.
    Worst case scenario, refile your complaint.
    You put this question under an eviction heading but only asked about what you perceive as harassment issues.
    Have you filed for eviction? Is that still on track? Id focus on that and not worry about harassment/restraining orders.
    Michael Wechsler likes this.
  3. army judge

    army judge Super Moderator

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    You'll never receive a dollar you might be owed.
    Deadbeats never pay.
    Deadbeats get by because they scam, con, and dupe the unsuspecting.

    As suggested, pursue the eviction, forget the other junk.

    Get them evicted, then clean up their unit, which is likely to resemble the city landfill.
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    Filing restraining orders? I don't know who has the time and money for petty issues. In most instances these arise as a result of nonpayment of rent or other monetary deficiencies. As has been suggested above, if rent isn't being paid the best course of action is usually just pursuing an eviction and not complicating matters with frivolity. I've seen ploys where tenants who can't pay rent attempt to distract a landlord and a court with unrelated matters, such as the appearance of tenant harassment by a landlord, etc.

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