Good afternoon. I'll be assisting you with your question.
Did you sign a lease? Where is the brother living?
Yes, the lease was until next February. The brother technically lives with his girlfriend, but spends most of his time down the road from the farm at his mothers house. He goes between the mothers house and the farm daily.
OK. Clearly, you can keep him off the property, unless he gives proper notice of entry according to the terms of the lease. If he does not do so, but continues to show up, you can and should call the police.
We have moved from the property as he sold the farmhouse out from under us.
Regarding him slandering you and your husband, you have a cause of action to sue him, if you are willing to go there.
I'm sorry, yes, I see that you moved out a week ago. Since you were forced out before the lease ended, you have another cause of action for breach of contract. You could, in theory, sue them for your cost and inconvenience of having to move before the lease was up.
Yes, he has made our life almost intolerable at times.The previous tennants sued him and won a judgement and he also had a previous sexual harrassment ruling against him...He is a bully and will do just about anything.
While I have no doubt that he is extremely difficult, simply being a bad person and going out of his way to make things hard on you is not enough to form the basis of a lawsuit. He must break some specific law - e.g. slander, harassment, etc.
Here, it appears he's slandered you, which is actionable on your part.
So, you have the slander and breach of contract, so far.
I am a domestic violence survivor who was almost killed last year and I came to Oregon to start a new life...My PTSD is back with a vengence because of this guy.
The only other cause of action that comes to mind is intentional infliction of emotional distress (different states call that cause of action different things).
IIED, as it is called, requires that a person engage in outrageous behavior calculated to cause someone severe emotional distress.
I see. That would be the truth.
While that sounds easy enough to prove, it usually takes something extreme, or, as the courts have put it, something that "shocks the conscience."
What I'm getting at is that generally being a jerk or hard on someone is not enough.
How about the religious harassment?
I see your point.
I'm not saying your situation would not fit, but it is something I wanted you to know.
There is no cause of action for religious harassment.
Is he obligated to provide a copy of the water report to us?
Under the terms of the lease, most likely (I cannot say for sure since I haven't seen the lease), but at a minimum, he would be required to make the water drinkable. However, since you don't live there anymore, it is a non-issue. However, if you got sick due to the water problems and he knew about them, you could have a cause of action there, as well.
I see...ok thanks. Question: Is the crazy mother (or "headquarters" as we call her) complicit (sp?) with the brother on this?
From what you've said, I cannot see a cause of action against her.
ok.. we chose not to press charges again her, but we could have.
From what you've said, it may be best to move on past them. The problem with litigation is that it keeps your interaction going, and tends to add fuel to the fire.
So true. But this brother is out of control and has hurt us in many ways. We would like to pursue
this with him out of principle
Of course, that is totally up to you, but I just know litigation is stressful and expensive.
Is this something we could file in a small claims court?
I understand. I just wanted to give you something else to consider. Yes, you can file this in small claims court.
Here is information you may need on small claims courts.
Thank you, XXXXX XXXXX the advice. Yes, I usually run from any kind of legal involvement because of the stress and expense.
Glad I could help.
Thanks again, you have been very helpful!
My pleasure. If there isn't anything else I can do for you, please remember to "rate" my answer before you go. Good luck!
Thanks, XXXXX XXXXX Have an awesome weekend!
Thanks Chris, An update on this: Yesterday, the troubled brother posted a fake gay sex ad with Jay's name and phone number on Craigslist. The texts and calls alerted Jay to this and the Hillsboro police have sent subpena for IP records. I guess those without boundaries don't stop until they are made to.
You should call the police. That is criminal harassment. The statute is below:
§ 42.07. HARASSMENT. (a) A person commits an offense if, with intent to harass, annoy, alarm, abuse, torment, or embarrass another, he: (1) initiates communication by telephone, in writing, or by electronic communication and in the course of the communication makes a comment, request, suggestion, or proposal that is obscene; (2) threatens, by telephone, in writing, or by electronic communication, in a manner reasonably likely to alarm the person receiving the threat, to inflict bodily injury on the person or to commit a felony against the person, a member of his family or household, or his property; (3) conveys, in a manner reasonably likely to alarm the person receiving the report, a false report, which is known by the conveyor to be false, that another person has suffered death or serious bodily injury; (4) causes the telephone of another to ring repeatedly or makes repeated telephone communications anonymously or in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another; (5) makes a telephone call and intentionally fails to hang up or disengage the connection; (6) knowingly permits a telephone under the person's control to be used by another to commit an offense under this section; or (7) sends repeated electronic communications in a manner reasonably likely to harass, annoy, alarm, abuse, torment, embarrass, or offend another.
The thrust of a criminal harassment case is that the person takes action with the intent to annoy, harass, or alarm. Clearly, posting one's phone number in order to receive unwanted sexually related calls would qualify. You should call the police.
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