Landlord using police to harass

[owenrudey]

My landlord, thinking he had no other recourse, has threatened to shut off our electric service, in order to remove 1 undesirable, (and actually dangerous) tenant. I've told him that I don't believe he legally has this right, (all utilities are included) but, he said he didn't know what else to do. He then served (via sheriff's deputies) a 30-day notice to everyone on the property. Reason stated was sale of the property. Yesterday was the 30th day and he came with a deputy who asked us why we were still here. On the 10th day of the 30day notice, landlord excepted another rent check from me, making me think all was well. The deputy looked at my cancelled rent checks from Oct. and Nov., but still said that if the landlord had to call him on Monday and tell him I was still here, he would, with some of his "buddy deputies" come back to forcibly remove me. I'm afraid of retalliation if I report this threat to the Dept., but who do you call when the protectors have become the bullies? My landlord came back after the deputy left, and told me had decided to allow me to stay until the first of the month. To me, using the police as thugs still amounts to harassment, and as a matter of principle, I want to teach LL and the deputy a lesson on how not to handle future tenants and constituants. Do I have a case for harassment and forcible eviction? Thanks

 

[Cvillecpm]

No - you have not gone anywhere so it is a yousaid/they said....and you should be packing to move in any event. If the roommate situation requires the use of the police to quiet whatever is going on, then the landlord wants you out and you need to move away from this landlord and these roommates...you won't "teach" anyone anything given the fact that the situation is dangerous.

 

[owenrudey]

Right you are Cvillecpm

The sweet old landlord, after telling me I could stay, at least till after the first of the year and that all the threats were just to remove the scum, 2 days later, Dec 22, has me served, changes the padlock on the only entrance to the property, leaves until the 30th, preventing me from filing my answer, and returns just in time to get a writ of possession by default. Now I'm learning all kinds of new things like filing an Application and Notice of Motion to Quash ex-parte writ. And to top it off, the court clerks made a mistake and issued the writ against all occupants, even though time had not expired for Pre-judgment right of Possession to be filed. Should be an interesting New Year. Thanks for your interest. Dave Owen

 

[mike]

My landlord, thinking he had no other recourse, has threatened to shut off our electric service, in order to remove 1 undesirable, (and actually dangerous) tenant. I've told him that I don't believe he legally has this right, (all utilities are included) but, he said he didn't know what else to do. He then served (via sheriff's deputies) a 30-day notice to everyone on the property. Reason stated was sale of the property. Yesterday was the 30th day and he came with a deputy who asked us why we were still here. On the 10th day of the 30day notice, landlord excepted another rent check from me, making me think all was well. The deputy looked at my cancelled rent checks from Oct. and Nov., but still said that if the landlord had to call him on Monday and tell him I was still here, he would, with some of his "buddy deputies" come back to forcibly remove me. I'm afraid of retalliation if I report this threat to the Dept., but who do you call when the protectors have become the bullies? My landlord came back after the deputy left, and told me had decided to allow me to stay until the first of the month. To me, using the police as thugs still amounts to harassment, and as a matter of principle, I want to teach LL and the deputy a lesson on how not to handle future tenants and constituants. Do I have a case for harassment and forcible eviction? Thanks

Actually, this is a problem unfortunately and you should probably be packing. It sounds like the landlord may have the legal right to evict you -- do you have a lease? It sounds like a month to month arrangement. Best if you work it out to move after the new year (usually never evictions in the second half of December) and avoid any court problems and deal with the eventuality of the situation. I had to deal with a December eviction and it was not fun. It was an exception to the rule where a couple didn't pay rent for over 10 months because they knew the deceased owner's conservator who didn't bother collecting the rent. Ugly situation but it happened and the people knew they had lived too well on borrowed time.