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Ask AttyHeather Your Own Question
AttyHeather, Attorney
Category: Landlord-Tenant
Satisfied Customers: 512
Experience:  Attorney with 15 years experience
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The landlord lives in the front house while we live in the

Customer Question

The landlord lives in the front house while we live in the garage that was converted into three rooms the landlord had two people come and assult my husband they hit him with a lock in a sock and he had to go get four staples in hishead now yesterday the landlord came to our room and threatened us again saying that shes gonna get a fine if everyone doesnt leave the property which there is one couple in one of the rooms next to us in the converted garage and there is another couple in the basement outside then there is herself and her son in the front house we have been residing there for about 16 months whenwe moved into the place she said that we could live there as long as she did because she was being foreclosed on we have a month to month rental agreement and have not been evicted now yesterday while we were gone to our storage unit she called the police saying that y boyfriend pushed and hit her when in fact she was trying to pick our stuff up and throw it out and she picked up a speaker that is heavy and went to throw it and it landed on top of her she made a police report that my boyfriend assulted here when we went to return home later that evening she called the cops back saying that we were there harrassing her but we had left before they showed up there hours later well last night we stayed the night at my sisters house now we need to return home buy she keeps calling the police saying that were are assulting her when in fact were not her knowing that my boyfriend has a criminal record she keeps callibg the police making false accusations what can i do we have no where to go on such short short notice and when are belongings are still at our residence
Submitted: 3 months ago.
Category: Landlord-Tenant
Expert:  AttyHeather replied 3 months ago.

Hi, I'm Heather, an attorney with 15 years experience, and I'd like to assist for informational purposes.

The landlord is resorting to self help measures to get you out, when the proper procedure for her to follow is to go through the courts and give you a 30 day notice if she wants you gone. She can be liable to you for damages in doing this. You have a cause of action against for for the wrongful-self-help eviction.

You can advise the police that there is no assault and that that house is your leased home, and that you have the right to be there. However, the police are interested in keeping the peace, and if you push it in this situation, you may face unfounded criminal charges - that's the chance your taking with this woman.

You should pursue her in civil court for the wrongful and unlawful eviction.

Has this answered your question?

Customer: replied 3 months ago.
Ok well what can we do to we dont have money to move and now my boyfriend has a busted head and cant work for a while because she had someone do this to him and whenevet we go there she calls the police saying false stuff and is having other people who she knows harrass us anywhere we go threating us assulting my boyfriend and she the landlord and her son have broken into our room in the past and stole from us
Expert:  AttyHeather replied 3 months ago.

If when you go to the property, you are forced to leave - whether by her or by the police on her behalf, then you'll have to leave. I know that leaves you in a really desperate situation. That's why there are severe damages you can obtain against her in the civil case for unlawful eviction. Because you are being severely damaged right now.

If you talk to the police and explain the situation, they may assist you in getting your property out, if they won't allow you to move back in.

Has that answered or further clarified?

Expert:  AttyHeather replied 3 months ago.

Hi, just checking in to see if I've answered your question. Let me know.

Customer: replied 2 months ago.
Ok so the firt thing i have to do is gile a civil sour agaisnt her and provide evidence?

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