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I think this cld be complicated, idk

Discussion in 'Other Residential Landlord & Tenant Issues' started by Reney, Oct 27, 2018.

  1. Reney

    Reney Law Topic Starter New Member

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    Jurisdiction:
    Oklahoma
    I've lived in the same place for 10 yrs. I surmise, technically u cld say the problems started yrs ago when a man who worked as maintenance started sending me 'bar texts' which obviously varied depending on his mood. I never gave him my number. They were mostly mean and cruel, he sent me countless pics of his penis.I caught him in my apt a couple of times etc etc etc-
    Seriously, i've probably abt 100 different bad situations that have brought me to this point, from then. Currently -I HAVE TO go to court monday bc the idiots downstairs called the police on me for me for having to get up early one morning, at 6 am, a month ago. I'm disabled as it is, I can't get legal aid, there's not enough attorneys. I'M TIRED OF BEING HARASSED. I can't do ANYTHNG without them complaining. Note- in all the time i've lived here no one's ever complained abt me- until they moved downstairs. Let the complaining begin! After they went door to door trying to get someone to come "rough her up" manager making promises to help out. Lol. THEY DON'T. If the management kept their word, I doubt id ever have been CITED. Police told me it had nothing to do with THEM, but rather the gal downstairs "issued the citation" not them.
    A 180$ citation for getting out of bed one day?! I get outta bed every day, what do I do abt next time?
    And that's a question I have-
    What rights do I have?

    If a regular person can cite me for allegedly Disturbing the Peace, can they also have ME arrested TOO, and if so, for what?
    If I had grounds to take legal action against the property owner AND/ OR problem tenant, I wld in a HEART BEAT!
    Ultimately, I want the harassment to STOP.
    But there's so much more on this situation. I'm trying to condense as much as possible.

    SOMEONE, PLEASE HELP! Awwwee
    Anyway- y'all have a great weekend. Hope to hear from anyone.
    Thanks for your time and consideration.
     
  2. mightymoose

    mightymoose Moderator

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    You are either withholding information about the citation you received or you are experiencing some kind of anomaly.
    If you were the subject of a citizen arrest and received a citation then you will have to appear in court and defend against the allegations made. If it is frivolous then you may not have anything to worry about. The other party will have to produce evidence that doesn't exist, and it is quite possible the other party won't even show up.
    By making a citizen arrest your neighbor has become exposed to certain civil liabilities. You might research what actions you can take against this neighbor, the least of which is recovering your costs over the matter.

    This apparently has nothing to do with the person sending you texts and coming into your home- it isn't clear to me why you even mentioned that. However, you would serve yourself much better by addressing those concerns immediately when they happen rather than letting them drag on for months and months.
     
    Reney likes this.
  3. Reney

    Reney Law Topic Starter New Member

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    Ya I was covering a lot of ground there, as I mentioned. Which lead to that point where I was asking for legal advice for what to do regarding a Disturbing the Peace citation, which i got literally because I had to get up early one morning, earlier than my normal time. Apparently city ordinances state quiet hours are from 10pm to 7 am. So it's my understanding if i'm disturbing someones peace during 'quiet hours' then I get cited for that. So no big deal for the 10 prior years that I had OTHER neighbors, none of which ever had any complaints much less a disturbing the peace citation for me or my kids. I've always been a good neighbor and tenant.
    Tbh, I wish I could get over all this. I don't want to dwell or have hard feelings about this stuff but it's tough not to when you feel like- just idk like someone's doing you wrong and why won't they stop? I'm living on eggshells, concerned abt them calling police on me for no good reason again. I'm not trying to play victim here, trust me I don't WANT TO BE a victim. But when a neighbor is incessantly complaining about ANYTHNG I DO, it makes my days and nights challenging. EVEN WORSE omg-i don't appreciate anyone LYING about me. These type of ppl don't concern themselves with their own annoying noises, and believe me they make a lot of noise but I don't complain 247 about it. That's just not my nature plus I realize living in an apt community, you have to make certain exceptions. No matter what they say though- those are NOT BABIES BANGING on the walls in the middle of the night. Lol. That's during quiet hours, the manager says, "well babies always bang on walls" I asked the manager, "What difference does that make, still quiet hours and what If it had been my child getting up early, accidentally waking up neighbors from running water....??" I'm sure you follow what i'm saying, they shouldn't be able to have it both ways. I mean I didn't make a choice to live in a downstairs apartment, and just bc someone lives Upstairs shouldn't make them automatically guilty of being noisy, just bc they're upstairs. Seems like a trending attitude. Que sera. I lived through a police report (wasn't even home for that one and I didn't know abt it for awhile either) then a citation for DTP, which isn't 180$ it's 178$ (correction applied) ... my landlord at the last minute didn't give me the statement she told me she would confirming that I've never had any complaints, to take to court with me but- instead she completely avoided me.
    Mid September, the property management company's corporate 'Liasson' per out of state conference call asked me to verbally agree to let her help resolve the issue the neighbors downstairs have..
    (With me). So rather than calling the police on them or maybe taking some kind of legal action... frankly idk what exactly she thought i was going to do but the gal from Colorado said to me after agreeing to allow management to help resolve the situation, "then I need to ask you, ms..Doe, if you have a problem with the resident, you need to IMMEDIATELY report that to [manager], and that way we'll be able to work through this." One week later, a police officer was banging on my door so loudly he did in fact wake up other residents. That's when I got a citation. He asked me lol if I was an attorney. Idk what he meant by that I was very respectful but I didn't really understand how a neighbor, not the police, but a civilian could give me a ticket. I still don't get that. Btw, these conversations were recorded. I kept my end of the deal, 'corporate Liasson' never attempted to contact me to follow through with her word.
    So blah blah blah.. right, this is just so completely absurd and embarrassing to have to deal with such a ridiculous situation, we seriously just tiptoe in this apartment, haven't had company literally in months. Lol. I mean, i'm doing my best to NOT GIVE THEM any ammunition against me. The problem i have is I didn't give them anythng to complain about before, but they still created something! To fit their need. And that need as stated on a police report about me that I didn't even know about bc I wasn't at home..
    'Downstairs resident says she needs police reports for the landlord to be able to evict her.'
    One last thing- i'm not dissing any millennials here, my own kids are millennials, I don't consider myself racist never been accused of it, I have family members that are mixed and I treasure them, but I do notice people's attitudes generally speaking. A person's attitude to me is a bigger deal than whatever race they are. Definitely. I've cut them a lot of slack. Being a young mixed couple i'm sure isn't easy in this society. That shouldn't mean special privileges for them though. Not in my opinion. They're in their apartment smoking their marijuana- not judging them but I can tell when they're using round the clock. Perhaps it's for their medicinal purposes esp. considering they both have PTSD from a car accident then probably so but... there's a baby and a toddler in there too. Just a good reminder to anyone incl me, when you're pointing a finger at someone you're pointing 3 back away yourself. So i don't point fingers.

    My dtp citation was dismissed. I don't need a police officer banging on my door, because i'm supposedly disturbing someone's peace. All I even did was run water in the bathroom for a minute. I just don't get how I could've been disturbing them.
    So I need to know- How can I protect myself from them doing the same thing all over again?

    Thanks for your time esp for something so pitiful. It's been a humiliating experience. For a good while now too. These ppl complain about me pissing, watering an outdoor plant(water got on their... friggin porch), omg they complain about my sewing machine, my machine I need to be able to BREATHE! It's
    Not even loud, maybe if they quit smoking their weed everyday then I wouldn't need my nebulizer as much.

    I got a couple kinks to work to out, but yes, I'm looking for somewhere else to live.

     
  4. mightymoose

    mightymoose Moderator

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    While it is possible to receive a citation for just about anything, that does not mean the citation was issued properly. The person who issued the citation, or a prosecutor, will have to explain to the court why /how what you did was disturbing the peace.
    Unless you are leaving out major details then you will probably have a good chance of prevailing when this matter is heard.
    Do yourself a favor and research the exact text of the violation you were cited for and be prepared to explain how your actions fail to meet the required elements for a violation.
     
  5. Reney

    Reney Law Topic Starter New Member

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    Btw, got another citation for being in my apartment. Merry christmas from the jerks downstairs. Disturbing the peace. I was sitting in my recliner, lights were out, tv volume all the way down, i was watching a video on my phone. It's dark and it's fairly quiet outside and inside too. The only consistent sounds are from downstairs, babies hollering in the night and early early morning hours, people up and puttering about, the vibration in my walls from the bass of their speakers- (that's 247). It bothers me when I'm trying to study though. But Problem solved, no more classes for me. If i can't even study what's the point? Wasted money for the fall semester, won't make that mistake again. Wth. I couldn't anyway- i'm having to borrow money to pay for their citations now, an attorney is costlier! Once or twice a day the gal opens her front door, screams some obscenities at... nothing, she quickly slams her door shut. That bugs me a pinch she sounds angry and she sounds aggressive and violent.
    Same cop was one of 3 cops at my door over the christmas holiday. But he wasn't saying merry christmas. On the contrary he said, you know why i'm here?
    No. But i know what i hope you're NOT here for!

    So are you going to sign this or not?
    You gotta be kidding me, right? Are you SERIOUS? No way! Omg. Another citation, they didn't even show up for court last time!? And now another one from them! I cannot believe this.
    I asked,
    How many more times is this acceptable because you see these packed boxes? I'm trying to get away from these maniacs and now i'm gonna have to wait another month bc i'll be out another 2 hundred and that's a buncha baloney.

    I've been google searching this 'citizen- issued citation' every few days for a month easily.
    There is NOTHING online about anythng like this so how the fiery hell is this legally happening to me?
    I've never had any complaints before these jerks. They can't say the same. On that note, they had to move to a unit downstairs- because they were getting so many noise complaints in the upstairs apt they lived in before
    Btw where i'm moving is another upstairs apt and it's ultimately my choice. I'm not being told to do this, but believe me - after THIS I really don't feel comfortable here anymore. A real shame too- I've always been a very good tenant.
    I want to know How this crap is even legal? I feel likei'm being harassed because that's what they're doing!
    This just cannot be ...okay.
     
  6. army judge

    army judge Super Moderator

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    Talk to your elected city leaders: city council, mayor, chief of police, city prosecutor; see what you can learn.
     
  7. mightymoose

    mightymoose Moderator

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    Why did you pay for the first citation?
    If nobody showed up to court you should have easily had the matter dismissed.
     
  8. Reney

    Reney Law Topic Starter New Member

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    Okay. Yes, I need to do that because bad got worse..... and the LEO who cited me again (on behalf of jerks downstairs) did NOT give me any carbon copy of the citation this time (from christmas specifically) i've been calling the court clerks, 2 different divisions of the police department, my division being 1/2, officer moore himself, his super.... just to get my court date! I: was told several times, Rule of thumb, about 30 days between date and court date. (Ya know- except for THIS one, my citation) I was anticipating a25th or 26 -th of January court date. Lol. Every time I called, "don't show anything on the system yet dear."
    Course- by the time it was "on the system"
    It was too late. Officer moore listed my court date on January 10 -th!! Omg i'm freaking out!
    Oh my god. I do not do anythng to go to jail for, i have no desire to ever be in a jail, that's one of the last places i need to be. If not the worst place ever I could be. No no no no HELL NO
    I don't even know where to start or what to do
    And i really super upset about this. This- isn't fair nor is it right!

    Smh i cannot believe this. /... :

    Hello warrant.
     
  9. Reney

    Reney Law Topic Starter New Member

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    No. I did not pay. I paid my attorney. It was dismissed. But they (the complainants?) Didn't even show up for court!
     

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