Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

A former landlord from 8 years ago came into a store I

Customer Question
manage mid June this year...
a former landlord from 8 years ago came into a store I manage mid June this year 2016. He spoke to me of debt I owe in front of a customer, also adding stuff like "you remember me, I think you remember me" There was a judgement on this case in his favor. Yesterday, July 21, he came into the store and walked up to me and asked if I plan on ever paying him back. I told him he had to leave. What course of action do I have?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I live and work in Iowa, he lives in Wisconsin
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you think the lawyer should know?
Customer: before the judgment/case hearing he left a message on my phone (once again this is from 2008) stating that he would "hunt me down" . He did, and when I was at work he showed up at my new residence and told my fiance that he had belongings of mine that he demanded to know what to do with them. He told my fiance if she didn't answer, he'd put in out on our lawn. He ended up bringing everything into my place as my fiance was in a little shock from this. I called the police, they said to call them back if he comes back. Now, 8 years later he's came into my work place 2 times. I did work three stores down from where I am now and for some reason he showed up at my previous place of employment several times but never confronted me. Once again, he lives in another state.
Submitted: 1 year ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 7 minutes by:
7/22/2016
Lawyer: Dwayne B., Attorney replied 1 year ago
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,304
Experience: Began practicing law in 1992
Verified

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It is possible that he violated the Iowa state Fair Debt Collection Practices Act. The federal act only applies to debt collectors but the the Iowa state version can apply to the original creditor as well. So, you could sue him under that law.

Also, you can send him what is known as a "criminal trespass warning" that would prevent him from re-entering your property or the property where you work, assuming that you have the right as the store manager to bar people from entering the store.

Finally, you could also sue for an injunction to prevent him from contacting anyone, speaking to anyone about your debt, etc.

All of these are complicated issues so you likely want to hire a lawyer to assist you.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

You can find a lawyer to assist you by going to www.lawyers.com and in the section for Area of Practice enter Civil Litigation or Consumer Law. Either of those will have the skill set you need.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Ask Your Own Landlord-Tenant Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 34,304
34,304 Satisfied Customers
Experience: Began practicing law in 1992

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
I was a resident in New York City for 40+ years. I left New
I was a resident in New York City for 40+ years. I left New York four years ago because I could not afford the rental market. I am devastated living in Florida. I am 71 years old, and my daughter live… read more
QuickEasyLegalHelp
QuickEasyLegalHelp
75 satisfied customers
We broke a lease on a property recently. We agreed the
We broke a lease on a property recently. We agreed the break-lease fee and that we would continue paying rent until a new tenant was found. A new tenant was found and we were refunded the rent overpay… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
My 19 yr old daughter signed a lease for a year in July 2017
My 19 yr old daughter signed a lease for a year in July 2017 and lives with 2 other roommates in a joint lease. After living with them, she found out one is a drug dealer and they smoke pot all the ti… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I'm a US citizen, my wife is Mexican and a permanent
I'm a US citizen, my wife is Mexican and a permanent resident of the US. We live in Texas and my wife owns a beach condo in Mexico. We are renting the condo in Mexico for two months to a Canadian coup… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I am being evicted because I could not afford my rent. Los
I am being evicted because I could not afford my rent … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am a tenet of 25 years as a business owner. I have 11
I am a tenet of 25 years as a business owner. I have 11 months left of a 5 year lease. The owner is starting harassing movements towards us. What we can and can't do, yelling at customers, trying to c… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I am having a legal dispute with my landlord and have a
I am having a legal dispute with my landlord and have a court date at the NYC housing court next week. They are saying I have not paid my rent for November, December and January. They claimed to have … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,112 satisfied customers
I manage a self-storage facility. We have a clause which
I manage a self-storage facility. We have a clause which allows us a Notice of Termination to a tenant. We are not required to give cause. With the advent of so many homeless people we find that it is… read more
Lori
Lori
Juris Doctor
268 satisfied customers
I've lived in a house under slumlord condition with my three
I've lived in a house under slumlord condition with my three children for 6 years all of a sudden there was a 60-day notice on my door the house has been sold I'm being asked to pay $1,400 a month for… read more
jb156200
jb156200
Associate Attorney
Doctoral Degree
453 satisfied customers
We gave a tenant a 30 day eviction notice, but found out it
We gave a tenant a 30 day eviction notice, but found out it was supposed to be 60 days. Can we amend it and wait 60 days, or do we have to start all over with new notice … read more
Lori
Lori
Juris Doctor
268 satisfied customers
I moved from out of town to and rented in an over 55
I moved from out of town to Morgan Hill and rented in an over 55 community. I listed my dog on the contract and explained she was medium sized. After living there 1.5 weeks the prop manager asked for … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was served a three day notice letter yesterday and I
I was served a three day notice letter yesterday and I should be able to pay the month by the 19th as the paper states, but my question is as follows: my landlord told me over the phone on Jan. 9th th… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
If a property owner shares a resident with an ex partner,
if a property owner shares a resident with an ex partner, can the property owner immediately evict the ex partner? or can the expartner claim tennant rights? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have an apartment that was rented three months ago. i
i have an apartment that was rented three months ago. i meant to give tenant a 6 months least but we never got to sign it but intended to have it sign. he is a friend . he is two weeks late to pay ren… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Our daughter and son-in-law were leasing a Home, but had to
Hello! Our daughter and son-in-law were leasing a Home, but had to leave before the lease was up, because the family living two doors down were found out to be drug dealers and there was a drive- by s… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I have tenant who died last September ; the son has been
I have tenant who died last September ; the son has been living there every sense with out a sign leased ( he is a section 8 tenant) and I have a contract with them. Question is can I evict based on n… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,182 satisfied customers
Parking lot of my commercial property has been damaged by
Parking lot of my commercial property has been damaged by garbage truck coming in to pick our trash container over a period of few months. How can I make the trash company pay for the damages ?… read more
KJL LAW
KJL LAW
Juris Doctorate
1,756 satisfied customers
Is stent intile. I own a house in Bronx, NY, I have a tenant
HI! I own a house in Bronx, NY, I have a tenant that own me 9 months of rent. I send him to court and he was supposed to moved out in December, but he keep asking for an extension. He is very disrespectful, he smokes pot in the smell goes down my apartment. What else should I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x