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AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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I had a con man move into a house i have been renting last 4

Customer Question

I had a con man move into a house i have been renting for the last 4 years who tried to pick a fight with me from the get. It took about a week and a half for this tweeker to finally get me mad enough to yell at him for keeping the rest of the house up all night. hWhen I did confront him to yell at him I was coming from the living room to the kitchen and when I got close to him he raised a knife up and asked me if I wanted some of this,referring to the knife in his hand. I grabbed his arm so I wouldn't get stabbed with my left hand and his shirt with my right hand and wrestled him to the floor. While doing that he hit his head on either the counter or the floor and was bleeding. He called the cops and I told him "thanks for saving me the trouble. The cops got there and since they couldn't find the knife and he had a cut. They told me that some one has to be arrested because it was a domestic violence call. When I was at the jail a guy served me order of protection papers. I got a hearing and showed up with my lease agreement to get this thing out of my house but he showed up with a lease agreement that was signed that morning. I contacted the owner of the property and she said that the con man told her that I had moved out. I have almost every thing i ever bought still in that house and a backyard full of my business equipment and never told anyone that I was moving. What do you think is my next move , I was thinking to file something at the courthouse but I'm not sure. In the mean time my neighbor calls me and tells me this low life is throughing some of my belongings in the steet and breaking them
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 3 months ago.

HI, I'm Heather, an attorney of 15 years, and I'd like to assist you for informational purposes.

If you weren't gone for very long, and if you were paid up in rent, then the landlord should not have took this guy's word to believe that you'd moved out. From what you have described, you have a cause of action against the landlord for wrongful eviction.

Unfortunately, the claim against the con man will be a bit harder. The issue with the fight is your word against his, and obviously, the police believe him for the time being.

However, your landlord probably has a claim against the conman for fraud, because the conman lied to him or her to get a lease signed, and therefore, if your landlord is found to be liable for any damages for the wrongful eviction, they can file a cross claim against the conman to have the court hold him responsible.

Let me know if this has answered your question.

Expert:  AttyHeather replied 3 months ago.

Hi, I'm checking in to see if I have answered your question. Please let me know. Thank you.

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