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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 34477
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I have been renting the same pool house in az for 7 yrs--my

Customer Question

I have been renting the same pool house in az for 7 yrs--my land lord grown kids (one in particular) comes every year and stays at his mom's house ( my landlord). He has broken into my house several times, been arrested, jailed and we even got a restraining order( that is no longer good). I was just imformed that he will be here agian this year--till dec or jan---what right do I have as a renter ?? By the way he is a regisiter sex affender as well--
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: scottsdale az
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: yes--I take care of the property durling the summer months --while land lord snobirds
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well--it is getting very complicated--since my landlord had a stroke --3yrs ago. Her oldest daughter has moved in with her--to help her (she says) and she imformed me she now owns the house. Not true I know--they have (the kids) reverse morgage the house--and says too sad too bad--that her brother is welcome.--there is a long arrest record for him. I don't feel safe here. By the way he is homeless and the daughter living here was too
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 11 months ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Well, the police should be prohibiting his visit if it violates the restraining order and brings him within the prohibited area near your home.

Additionally, if the landlord is complicit in this trespass and security lapse then you may have a claim for that and violation of the warranty of quiet enjoyment.

You could sue the landlord and the son in small claims court and receive money damages. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Customer: replied 11 months ago.
how about the fact he is a registered sex affender??--also the restraining order has ran out so couldn't be inforced last year when I called the police??--Do I have any rights as a renter??
Customer: replied 11 months ago.
I would like to talk to someone--but am afraid I will have to move and need all of my $$ to find a new home--I had no advance notice and was just informed this am that he will be here---I have been putting up with this for over 7 yrs--there are police records
Expert:  Loren replied 11 months ago.

Yes, as I said, you have the right of quiet enjoyment and to feel reasonably secure in your home. You may have a claim for breach of the lease and the warranty of quiet enjoyment.

I would also recommend you look into having the restraining order reinstated.

Expert:  Loren replied 11 months ago.

It may help and expedite the process of reinstating the protective order to speak to local counsel (if time is short).

If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Customer: replied 11 months ago.
that is what the police said last year too. It's much more complicated--cause it took almost 7hrs to get the original restraining order. My landlord is not physically capable to do this at this point in her life. Also the son /daughter have teamed together to have a free place to live and to mooch and steal from their mom. They have both broken into my house more than once and stolen from me.
Expert:  Loren replied 11 months ago.
It is easier to revive a restraining order, especially with local counsel helping you.
Expert:  Loren replied 11 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you!

Loren

Customer: replied 11 months ago.
I am amazed that I have lived here for 7 yrs+ and just recently found out from a neighbor that her son is a sexual offender. I paid for a back ground check and yes he has been convicted twice for sexual crimes and arrested 36 times in his life. Been in prison and jail several times.
I feel like my rights have been violated. I thought it was a law to let neighbors know this. My landlord and the police have never informed me of him being a sexual offender not just once --but twice. I shouldn't even have to deal with this--and feel like my landlord and I have both had our rights violated.
Expert:  Loren replied 11 months ago.

You will need to reinstate your restraining order.

Customer: replied 11 months ago.
you already told me that. But what are my rights to being informed that a sexual offender is living in the house right in front of me.
Expert:  Loren replied 11 months ago.

Is he on the offender registry? If so then he must check in with the police and they may notify other residents. While there may be duties if he is residing in the same house or building, your landlord has no duty to inform you of the temporary visit.

Customer: replied 11 months ago.
you are telling me that my landlord doesn't have to inform me by law that I am living next to a sexual offender that is on the offender's registry. What about all the contact that I have had with the police over the last 7 yrs about him--did they not have to inform me by law that he is a sexual offender?? I'm pissed that a neighbor had to tell me this---I would like to know what my rights are.
Expert:  Loren replied 11 months ago.

Is he currently on the offender registry?

Expert:  Loren replied 11 months ago.

If he is, here is a description of the various levels and the notification requirements:

  • Level 3: Offenders in this group are at the highest risk of becoming repeat offenders. Police must notify residents of the surrounding neighborhoods near where the offender resides that a sex offender is living in the area. Flyers that include the offender’s name, address, photograph and a summary of the individual’s criminal record are distributed door to door to residences, schools and community groups. Press releases are also issued to local television stations and newspapers. A notice is also given to the offender’s employer.
  • Level 2: This group is at risk to re-offend, but its members are not as high risk as level 3. Police will notify only homes and residences in the offender’s immediate neighborhood, schools, community groups and the offender’s employer. A press release is not a requirement for level 2 offenders.
  • Level 1: This is the lowest risk group. Police are only required maintain a record of the offender, and notice is only given to those living in the same home as the offender.
Expert:  Loren replied 11 months ago.

This is for offenders residing in your area.

If there is just a temporary visit planned, then they just need to check in with the local police.

Customer: replied 11 months ago.
he is a level 2 sex offender. He should be on the registry--but didn't pay the 25.00 to find out.
Expert:  Loren replied 11 months ago.

As a level two offender, he is merely required to check in with the local police when he visits and let them know when he leaves.

Customer: replied 11 months ago.
What is considered a temporary visit ?? Last year he was her over 90 days. The year before 65+days, the year before that 60+ days--all the visits end up in a big fight --police called and robert removed. This has happened atleast 6-8 times over the last 7 years. In all this I was never informed he was a class 2 sexual offender was living on the same property.
Customer: replied 11 months ago.
Ok--so you have told me his rights--but do I have any rights to have been informed this information??
Expert:  Loren replied 11 months ago.

You should notify the police then to ensure he is complying with the registration and notice requirements.

Unfortunately, no, you are not required to be given notice unless he notifies the police that he is moving in. Then the police should notify you.

The landlord is not required under AZ statutes to give notice of the visit.

Customer: replied 11 months ago.
I will go to the police dept on monday. I just have a really hard time that I a single woman living by herself that has contacted the police so many times about this person was never given this information. I feel really let down by the scottsdale police department. I at this point feel threatened and am also worried about my elderly landlord living conditions. At this point I feel that I have to protect myself and will go get liscensed and obtain a gun.
Expert:  Loren replied 11 months ago.

That may not be a bad idea. It does not appear as if the local police are being particularly diligent.