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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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I have lived in Hawaii with my girlfriend of 8 years in a

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I have lived in Hawaii with my girlfriend of 8 years in a home her husband has a reverse mortgage he is 85 years old and lives in Corning California where I was the past 6 months helping the old fellow prepare his California property for sale, my girlfriend is only 50 years old a Russian mail order living in Hawaii, I have been in Hawaii since 2007 as a contractor having built a number of projects to benefit the people, while I was gone earlier this year I hired a contractor Tom Wyrick turns out he is unlicensed which at this point is of no concern , he then needed a place (room) to rent and I rented him a room (documented) in late January 2016 on March 3rd I sent an email home to inform my girl I was returning to Hawaii as my work on her husbands property was completed (free) she replied she was sleeping with Tom and they did not want me around not even to gather my property valued $200,000 plus after a few weeks of receiving some bazaar emails I returned to Hawaii, on 6-8-2016 she sent me an email stating this is your last chance to get your stuff out without the police and then jail and death is your future (she is crazy) and I went with 4 others to retrieve my property including 2 cars they were home and walked away while I was packing and less than an hour later 9 Kona Police officers showed up with guns drawn to our heads the two both informed the police we were all unknown and burglar's two others knew Tom 20 years, I have known him since 2007 one of the other persons has at my request driven my now (EX) girlfriend to Costco for shopping she don't drive, after showing the police the email they said it was not a police matter but then said if we did not leave we would be placed under arrest and if we came back we would be under arrest, they allowed us to take what we loaded but I cannot go back considering I do not want to be arrested, talk about police misconduct they were very mean as well, I understand this is not legal for them to do however there are no attorneys here to take this case I have talked to them all, and I have money, it has cost me over $10,000 so far flying persons out and hotel/food money my medications are in the home as are my personal items which they have broken into my office and packed into boxes which are unmarked, the place looks like a flea market and I need a week or less to pack and leave even though the law says I can stay the police say no, I guess I need to file suit against the police and then I'm not sure ? I want out of here it is expensive staying plus I am losing work ?
Submitted: 5 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 5 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Police have immunity from lawsuits from issues that arise while doing their jobs except where there is a civil rights violation, and this unfortunately does not rise to that level. When there is a dispute between two people living in the same property, police can help calm the dispute and remove someone temporarily from the premises, which is what they did. They don't have the authority to take testimony, hear evidence, and decide who has a right to be on the premises. That's a judge's job. This is why they told you it's not a police matter. In order to regain access to the property to get the rest of your stuff, it's necessary to get a court order directed at your former girlfriend.

You can sue her for breach of contract, even without a written lease, as long as you were staying there with her consent. You still have a valid month-to-month tenancy. Damages include the cost of you staying elsewhere for up to 30 days. You also have a right to seek a court order granting you two months living in the property, or the equivalent of the rent for two months, plus attorney's fees. Hawaii Rev. Stat., Section 521-63. You're also allowed to file for conversion, making that you're asking the judge to order her to pay you the reasonable value of any of your belongings that you weren't able to take with you.

To start, try talking to some landlord/tenant attorneys in your area. They're the ones with the knowledge and ability to help fix this for you.

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Expert:  Lucy, Esq. replied 5 months ago.

Did you have any more questions about this?