Saturday, April 3, 2021

Be careful what you ask for from a southern lawyer who became a mystic about how to deal with a physically abusive man one of your women tenants with small children let move in during the Covid-19 eviction moratorium

A couple in the American mid-west own a few rental apartments. The wife emailed a while back that a woman tenant with small children had let a man move in with her, and he turned out to be a really bad man, but due to Covid-19, courts were not evicting people. I asked the wife if she knew anyone in the Mafia?

The wife emailed:

LOL  don't I WISH I had mafia contacts to "nicely suggest" that the nice boyfriend LEAVE.  As it's turned out, a business woman on the corner has filed for an order of protection against him.  My sweet tenant with lousy taste in men has told me that if the business woman is awarded the protection order, they will move.  Well so be it.  I have been getting about half or less of the rent from her.... but worth the additional loss for them to be out of there.  I will worry about her though.  He beats her and those sweet little daughters of hers hear and experience things a young child should never be exposed to.


Owning rental property turned out not to suit me, sold it all before moving to Santa Fe.

The wife

I know.  I'm ready to sell.  But no one is purchasing rental property during this eviction moratorium process.  Landlords, especially mom and pop style with one or two rentals are suffering a lot with no relief.  A tenant tears hell out of a place and you have to repair it, even with no rent coming in.  How long this will continue is anyone's guess.  It hasn't lifted here yet.  And no way for landlords to receive even a portion of past due rent.

You can bet your bippy that when things are freed up, that double house will be going on the market.... at least that's what I LIKE to believe and hold onto..... yet  I'm loath to do that and have been attempting to brainstorm other solutions, because of the 52 year old tenant on the other side who is on disability, suffering from multiple serious health conditions, and may not have any other option available to her.  How could I even think of  selling to someone who would throw her out?!?  That is the question.  I feel very trapped.


I see no legal reason why you cannot get rid of that abusive guest not on the lease.

The wife

Sloan, I talked with our attorney a couple months ago.  Since our tenant allowed this man to move in, even without our approval, and authorization, and he stayed more than 7 days, there is no way to evict him.  If it were not for the eviction moratorium that has not been extended yet again through the end of June, we could evict her and "all known and unknown occupants."  But for now we are stuck.

Our attorney told us that IF the tenant will ask him to leave, and provide us with a new legal address for him, then he (attorney) would be able to obtain a No Trespassing order against him.  I instructed the tenant to do that.  A few days later she  then told me he had moved and gave me an address, which proved false.  It is an address he had lived in some years ago.  Good thing I'm psychic enough that my spidey sense told me it wasn't a legit address.  Saved some money there.

As mentioned, the business woman on the corner is in the process of obtaining a No Contact order against him for harassing customers coming and going from her store.  They have had one court appearance, at which he acted out and the judge shushed him.  He claims he did not harass anyone and that she is a liar.  So she has a temporary No Contact against him and the next appearance is April 19 for full hearing.

Meanwhile we have learned that he has a domestic abuse level three felony case in another state that has been ongoing since January 2019 and keeps getting postponed.  He has been fined, has not paid the fine.  They keep ordering payment of the fine or appearance at a later date.  This time it's September.  And he had a domestic abuse case in the other state in 2013.

The business woman will present that info to the court.  She has requested that I compile a list of contractors and repair people who will not work on the unit because of this man.  One is the Heating and Air guy we've used for more than a decade.  Another is our general fix and repair guy who paints, installs light fixtures, and does repairs.

Covid 19 is causing this to be quite difficult.  Judges in our court  are not evicting anyone for ANY reason.  Landlords have about had it here. Yet it goes on and on and on.

Our tenant has called police several times and even moved in with a neighbor once for a week, and into a hotel for two nights another time.  She seems to fear that IF she files abuse charges against him that Child and Family Services will step in and place her girls in temporary foster care.  The tenant also seems to be under the opinion that she can stay as long as she likes.... that leaving or not is totally up to her.

ON the UP side, the business woman on the corner told me yesterday that there is now a dumpster there.  My hope is that they are preparing to move out.  I have advised the tenant that when the business woman is granted the No Contact order, that I will speak with the attorney again, to determine if eviction may be possible with that on file.  

Landlords are simply in Landlord Hell here for now.  I am not wanting to file a report with DCFS as it would likely result in the children being placed in a foster home until or unless she proves she has ended her relationship with this very volatile and dangerous man, but if it comes to that I will probably do so.  

I'm becoming concerned that I as landlord might be sued by a passerby because this man has a pit bull he is training to "attack"....  last fall he bit women passing by in two separate occasions.  Neither filed a report with Animal Control or the police,  It's a frickin' mess.  I'm wishing you were here to take this case up with the court, or assist me in doing so pro se.  LOL (I think LOL .... I may  actually do something like that after the business woman is granted the No Contact order)

If your Southern Lawyer Who Became a Mystic self can come up with other advice, thoughts, ideas, after considering this, please let me know.  I'm desperate.  For my own sake and for the safety of the neighborhood.  I've suggested that neighbors phone the police when there is a disturbance, but the police show up, and talk to him IF he's outside or IF he opens the door.  Otherwise they knock and if no one comes to the door they just leave.


What, if any, terms of the lease speak to who will live in the apartment?

My lease says I alone will live here, and guests can only stay 7 days.

Me today, after dreams last night aimed me right at this Nightmare On Elm Street:

Does your attorney know what is in your email to me? If so, and he did not say let him take all that before a local judge to protect the tenant's children, then there is a special place in hell reserved for your attorney. 

If what's in your email to me is filed with a local judge, and the judge doesn't remove the guy from the premises to protect the tenant's children, there is a special place in hell reserved for the judge.

If what's in your email to me is given to your local  police chief, and he does not have his officers remove the man from the apartment to protect the tenant's children, then there is a special place in hell reserved for the police chief. 

If what's in your email to me is given to Child and Family Services, and it does not intervene and remove that man or the children from the apartment, then there is a special place in hell for Child and Family Services.

If you and your hubby do not give your email to me, and my reply here, to your attorney, the chief judge of your local court system, your police chief and Child and Family Services, there is a special place in hell reserved for you and hubby.

A southern lawyer who became a mystic

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