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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19668
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I rent from an apartment complex. A girl Ive been dating

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I rent from an apartment complex. A girl I've been dating apparently has a stalker who has followed her to my residence. This stalker has been committing repeated acts of vandalism at night, throwing objects through windows, shooting BBs, breaking windows, throwing rocks, busting out windows of her vehicle, etc. This continues to occurs now whether she is present that night or not anywhere from 2 to 4 incidents per week.

My immediate neighbors have observed a couple different vehicles prowling at night and have seen this stalker around the premises. Both myself and the girl I'm dating have filed police reports as well as she has filed a restraining order weeks ago, but it seems they are having trouble getting this guy served or something. One night I was even able to drive out of the complex and follow his vehicle after one incident and get his license plate. Cops still don't do much, saying he needs to be caught in the act and such things.

I have been in contact with the management about the matter and the owners have served me a 3 day notice to correct/comply or quit stating I was violating two sections of my lease agreement. The first regarding "enabling quiet and enjoyment" and the second regarding criminal/unlawful/damaging activity on the premises. The way both sections of my lease read are that these items apply to "residents, guests, or invitee(s)".

Am I right that they cannot do this since I don't know this person conducting the vandalism, nor has he ever been a guest nor invited here? They also want to hold me liable for the cost of the damages he has caused.

Please advise and thank you in advance.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 11 months ago.
Hi,

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You are not responsible for the criminal acts of someone who is stalking your girlfriend. Give the apartment copies of all police reports and the restraining order, to show that this person is not your guest or invitee (or your girlfriend's). It may also help if you give them his address, so they can sue him personally for the cost of repairing the damage to the premises.

The other option is to tell the girl you're dating that she cannot come to your place again until the situation with her ex is resolved. If you can show management that you have told her not to visit (since it's her presence, not yours that is the problem and she's not on the lease), that may help.

If they want to evict you, they have to go to court. That means that you would have a trial where they would have the burden of proving that it is your guest who is causing these problems. Again, the police reports and restraining order will help. Copies of any additional documentation that you can get from police will also help - including phone records showing how many times you've called the police on this guy. If you can establish that you have no control over this person, you're not liable for the damage he caused (and you could sue him for the value of the judgment if the judge did find that he was your guest).

It's surprising that police are essentially doing nothing. If you followed the person who vandalized your place and got his license plate number, that's pretty close to catching him in the act. You may want to talk to a superior officer about everything that has happened and ask why they're not doing anything. If the girl knows where this guy lives or works, police should be able to serve him with the restraining order - and since you have his license plate number, they should be able to find out where he lives.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 19668
Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
Lucy, Esq. and 6 other Criminal Law Specialists are ready to help you
Customer: replied 11 months ago.

Ok wow that was a crazy fast response. Very helpful and confirmed my suspicions that they were just trying to strong-arm or intimidate me.


 


I know the person and where he lives. I did a background check on him to find out his address He doesn't work so I suspect he hides out/sleeps during the day and his parents (whom he lives with and apparently they are just as crazy) cover for him or something. Still, I'd think the sheriff's department would have served him by now (a month later.)


 


The police tell me there are so many situations going on throughout the city of Fresno that these things take a lot of time. I would think that with so many frequent incidents of vandalism, (which also occur regularly at her residence and have occurred at a friend's place she visits) that this could be prioritized.


 


How would I go about contacting a "superior officer" in the police department. Would this be a detective or what job title should I be looking to get in touch with?


 


Thanks again for your response.

Expert:  Lucy, Esq. replied 11 months ago.
I know there's a lot of crime in some areas, but one of the things police are supposed to do is protect citizens, and this has been going on for awhile. If you know who you've been talking to, try asking for the name of that person's superior officer. Or ask the person who answers the phone which police officer oversees that department. It could help.

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