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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 28366
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I am currently being physically and emotionally threatened

Customer Question

I am currently being physically and emotionally threatened and harassed by my landlord in an attempt to get me to move out. There have been several police reports filed and she has even been taken into protective custody for detox and her behavior. In addition, she is making public remarks in an attempt to damage my reputation and character. I have attempted to file a motion with the courts for relief but was told by the court clerk that unless I have proof of her physical harm, there's nothing they can do. Meanwhile, the cops are constantly being called and I am being woken up frequently in the middle of the night with her pounding and kicking on my door, screaming profanity and telling me to get out. All I am being told by law enforcement is that I need to try to move out as soon as I can to get out of the hostile environment. However, I cannot afford to do this and really want my rights to be considered in lieu of just satisfying what the landlord wants. I have paid my rent on time and have done nothing wrong. At this point, I really think I need counsel to assist but not sure which legal specialty area to seek.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 2 years ago.

Good morning. I certainly understand the situation and your concern. From the standpoint of a landlord/tenant relationship, the landlord would be in breach of the lease and your right to quiet enjoyment, if you are being disturbed. If she fails to remedy this and is essentially forcing you out and you have to move, you could have a good faith basis to sue her for the damages suffered in the move/relocation and costs associated with it. I do understand you do not have the have the funds at this time to really do this but if you move and sue her, could possible recover and be made whole. Now, the issue with the threats, is a criminal problem and you do want to start documenting them with video or audio recordings, if possible, to show and turn over to the police. If she is arrested and charged, there will be a no contact order in place. However, the civil process of keeping her away may be hard, since there would need to be contact since you pay her rent and would need to contact her to fix things, etc. As such, you have been the perfect tenant but for you to stay and take action against her, criminally, would create a big conflict, since you are the victim and could not and would not want to have dealings with the defendant but you would have to, since they are the landlord. As such, it may be best to advise her in writing, that if she does not cease the conduct, you will vacate and go after her for damages and she will not only lose a tenant but be out additional funds.

Customer: replied 2 years ago.
Good Morning and thank you for the response. The threats are documented and I have recorded several conversations. As I stated, there are several police reports of her harassment, one of which she was charged and taken into protective custody but the harassment continues. The purpose of her behavior is to force me out. I just need to know which legal specialty to pursue for legal representation in order for me to protect my rights and to stop the harassment.
Expert:  RealEstateAnswer replied 2 years ago.

If the police will not arrest and charge then it is a civil issue and you want a civil litigation attorney to represent you and file and try to get an order against her but as I said , seeing how she is your landlord and you do have to have contact with her it will create a problem. As such, you would need to consider backing but suing her for damages and costs.

Expert:  RealEstateAnswer replied 2 years ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!