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may I prohibit a person I am evicting to interact or touch my son?

Discussion in 'Discrimination & Sexual Harassment' started by itziwitzi, May 27, 2015.

  1. itziwitzi

    itziwitzi Law Topic Starter New Member

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    Hello I'm in process to evict a man from my apartment the reason is he was taking our prepated food .our grocery stuff undercover we call the police and told us that they couldn't arrest him because is a minor rob they suggest is to bring a holdover to evict the person which we did . Months after we reach an agreement in the holdover settlement he has to leave next 5 of June .
    The matter is this. He touch my baby's head he smile in a strange manner to my baby I already told him no touch my baby . He just ignore me , i told my lawyer to give advice to his lawyer that she could suggest him don't do what he was doing , his lawyer said this.
    Your client request is not included as any part of the housing court settlement. my client doesn't have any legal duty to refrain to communicating while in the apartment. Nor is there any order of protection prohibiting contact between the parties .

    We don't trust on this guy how can I stop him, is there any law that prohibit interact or touch to a person here in New York .because he seems no to care about what I ask him .

    thanks.
     
  2. shrinkmaster

    shrinkmaster Well-Known Member

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    Ok this is an adult and your child a baby? Your solution is not leave child alone with this man. Unless or until he does something threatening you have nowhere to go with this
     
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  3. army judge

    army judge Super Moderator

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    You can take your baby and disappear until the bum is gone, or ask a relative to care for the baby until the creep is gone.

    You could try to seek an order of protection, or report him to child services, but nothing will happen by the time the creep is supposed to be gone in less than 9 days.

    You can call the police and inform them that the weirdo is trying to molest yoru baby.
    Maybe, just maybe you'll get some help.

    Whatever you do, don't allow ever rent a room to anyone.
    Most people that rent rooms are deadbeats, have bad credit, criminal records, or worse.
    Its not worth the hassle, or losing your life.
     
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  4. itziwitzi

    itziwitzi Law Topic Starter New Member

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    Thank you all , fortunately this man stop doing what he was doing , today is the date he is supposed to get out of here, he seems like he doesn't want to go nowhere , he hasn't packed any of his stuff and it's clear he has no intention of leaving. In the stipulation say something like this in a paragraph.

    The respondent agrees to entry to a final judgment and warrant of possession in favor of the petitioner . Issuance of the warrant shall be forthwith, execution stayed subject to the respondent 's full compliance with the terms of this stipulation. In the event of the respondent's default of any provision of this stipulation, the warrant of eviction shall execute upon service of a marshal's notice.

    I wave him all back rent and attorney fees solely if he complies to the stipulation . But probably he won't do.

    What do you think is the next scenario ?
    Could I get the money if he doesn't comply or transfer him to a collection agency and damage he's credit.
     
  5. army judge

    army judge Super Moderator

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    I suggest you FORGET the money, and just get him out.
    Now you take your documents to the marshal's office (maybe the sheriff's office), and ask him to be legally evicted (as in removed).
    You may have to go back to court, but the marshal or the sheriff will know and will tell you.
    Then you do as they instructed, and eventually the armed officers will show up and ask the guy to leave.
    If he refuses, trust me, they will make him leave.
    Make sure you're there to witness it, because he won't be so mean, nasty, and rude to those armed, law enforcement officers.
    After the officers get the bum out, their moving crew will simply get his junk and dump it on the curb.
    Poof, he's gone, and his junk is gone.

    Be very careful, because I don't think the creep will leave without causing some commotion.
    Don't wait, call "911", or the local police and ask them what to do next because the guy hasn't left according to the order.
     
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  6. itziwitzi

    itziwitzi Law Topic Starter New Member

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    I'm in in the process of waiting for the Marshall to bring the eviction notice to the tenant.knowing my tenant and all the headaches I'm passing through I know he will request an OSC for gaining more free time as soon he get the eviction notice. He just want to take advantage of the flaws of Bronx housing court and extend the time as much as he can. I'm not a landlord, I'm a tenant too. This guy I just rented one of my apartment rooms to him. This is a private building Where I'm the leaseholder I have the right to have a roommate under the roommate law my landlord knows that I rented a room he said is ok there is not a written document but he knows . If there any method I can take him out even if he ask for an OSC. How I can prevent the court granting more than one OSC if he gets the first one? He's a bum that have been living in my apartment for free and he is also taking advantage and manipulating his lawyer provided by a free legal service.
    Above in the first question say what the stipulation agreement say,i want to mention that he broke the agreement he didn't leave the past June 5.
     

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