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  1. #1
    uicipher is offline Junior Member uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute
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    Looking for advice on a landlord/tenent dispute

    Timeline off events:
    On and before 12/20 the property manager for my landlord told me that he would renew my lease which expires 12/31.
    On 12/24 I got into an argument with the property manager over repairs and he told me he would not renew my lease.
    I've made several attempts to find alternative housing, however, I have not found anything that will be available to me by the end date of my lease.
    12/29 (today) The property manager entered my apartment without notice. I asked him to leave and he started shouting that I had "no right" to tell him to leave, and that he had to get the apartment ready for new tenants to move in.
    I refereed him to my lease agreement which says "Rental Extension: This Fixed Rental Agreement will automatically convert to a Month to Month Rental
    Agreement, unless you receive written notice from LANDLORD thirty (30) days prior to the end of the lease. Month to Month Rental Agreement. If you are on a month to month rental agreement, you must give written notice at least twenty-eight (28) days in advance to terminate and you must pay rent for the twenty-eight (28) days. We must give you written notice at least forty-five(45) days in advance to terminate."
    He responded that he doesn't care what the lease says, that he indents to remove me on the 12/31.
    For about an hour he continually entered and exited my apartment against my wishes, although he didn't touch or remove anything to my knowledge. I'm assuming that he was trying to intimidate me.
    On advice from another website, I contacted the legal aid society, they informed me that they needed to run a check on all parties involved to make sure there was no conflict of interest. I gave them the name of the landlord, however I did not know the name of the property manager, they told me to call back when I found out the name. I then went upstairs and asked the property manager to give me his name. The property manager refused outright, and told me that I would have to contact the landlord. I left a message with the landlord, however she does not return calls or emails (ever).
    I called back legal aid and they tried to do a lookup on his name with no success, they reiterated that they can't do anything until they are certain there is no conflict. They referred me to the consumer complaints department which is closed until tomorrow.
    I then contacted the PD in my area to ask them for advice. The Officer I spoke to told me that because it was a civil matter they did not want to get involved. He also told me that if my property manager shows up in my apartment again to ask him for identification, and if he does not give it to me, to call back because it would then be a criminal situation. Finally he told me that I should call on Friday morning if the property manager tries to do anything like forcibly remove me or change the locks.

    First:
    Is there anything I can do to stop the property manager from coming into the apartment without filing a criminal charge? This is already very stressful for me and don't want to make it any more complicated.

    Second:
    Is there anything I can do to get the property managers name? The entire idea of not being able to take legal action against him because he refuses to identify himself seems absurd.

    Third:
    If the cops become involved on Friday, what is likely to happen? Should I have any documents ready besides my lease agreement?

    Fourth:
    Couldn't think of a fourth, but any additional information you can provide me is greatly appreciated.

    Also if area is important I'm in Hilo, HI.

  2. #2
    Sgt. Slaughter's Avatar
    Sgt. Slaughter is offline Veteran Member Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute Sgt. Slaughter has a reputation beyond repute
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    Check your state's landlord/tenant act and read it through. Your matter is civil and one police generally don't get involved with except on very rare occasions to keep the peace. For anything else, consult an attorney that specializes in civil law.
    Of every one hundred men, ten should not even be here. Eighty are nothing but targets. Nine are real fighters, and we are lucky to have them, for they make the battle. Ah, but the One... One of them is a Warrior... He will bring the others back.

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  3. #3
    uicipher is offline Junior Member uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute
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    Quote Originally Posted by Sgt. Slaughter View Post
    Check your state's landlord/tenant act and read it through. Your matter is civil and one police generally don't get involved with except on very rare occasions to keep the peace. For anything else, consult an attorney that specializes in civil law.
    Thank you for the quick reply. I understand your advice and I have already looked at my state's landlord tenant code. I am quite sure that I'm legally in the right, however the property manager has indicated that he is willing to ignore the law. The local PD seemed to agree with me, however, they echoed your statements and told me they don't want to get involved in a civil dispute, they want to wait until it becomes criminal; which I understand. My biggest problem right now is that I need my property manager's name so that legal aid can be sure they do not have conflict. Is there any way I can (legally) force him to give me it? It seems absurd to me that I can't take action against my landlord because one of her employees refuses to identify himself.
    I am also flat broke, I need to go through legal aid because I can't afford a private lawyer... I'm not complaining but that's the way it is...

    P.S.
    I will keep updating as things move forward, if you have any advice please keep posting, even if it does not help me, I hope it helps someone.

  4. #4
    scott715us's Avatar
    scott715us is offline SGT/DUI Instructor scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute scott715us has a reputation beyond repute
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    If "legal aid" is beating around the bush, then I would seek out an attorney that specializes in contract law. Even if they require a retainer, a payment plan can be set up at a later date. You need to get an attorney! From the part of the contract you read, the landlord/property manager would violate the tenant lease if they attempted to throw you out on 12/31. I have not read the entire tenant lease so I can't say that with certainty. Even if he did violate the tenant lease, it's just a breach of contract and completely civil in nature. Just because he would be in violation of the lease agreement doesn't mean it will stop him from throwing your stuff out the door. It would be a big pain to go through all of this knowing he is in the wrong, but you will need an attorney to file the necessary paperwork to the appropriate court to take civil action against the property manager. Heck even just retaining an attorney and the proper letters sent to the property manager and the company that owns the apartments might take care of the issue. No renters want legal action taken against them and obviously they have hired a property manager that probably shouldn't be in the position he's in. The police department will not get involved unless it's criminal in nature. If you are still the leasee and the property manager is using a key to gain access without your permission, then a criminal trespass charge may be possible, but it depends on applicable state law.

  5. #5
    uicipher is offline Junior Member uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute uicipher has a reputation beyond repute
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    Thank you everyone for your responses, here's my update:
    I had a New Years Miracle! I found a place to live that has lower rent, a larger living area, is closer to the grocery store by a bit under a mile (a lot when you have to walk) and I got to move in immediately.
    I also talked to the consumer complaints hotline, and they seemed willing to investigate.

    Quote Originally Posted by scott715us View Post
    ....retaining an attorney and the proper letters sent to the property manager and the company that owns the apartments might take care of the issue. No renters want legal action taken against them...
    I had sent letters to the property manager and landlord previously and their policy was to ignore them. On the point of retaining and attorney: In my case it took even less, when the property manager got wind that I was contacting legal aid, (even though they were not representing me) as well as the police (who don't want to get involved in civil matters), he backed off completely, actually he apologized to me before I moved out and seemed slightly afraid. This was not part of a bluffing strategy, I just lived in a very small complex and he could hear what I was saying over the phone.
    However, if this had not happened, going to a private attorney and seeing what kind of finance plan I could work out would have been my next step if I hadn't found someplace else to live.


    Quote Originally Posted by scott715us View Post
    The police department will not get involved unless it's criminal in nature. If you are still the leasee and the property manager is using a key to gain access without your permission, then a criminal trespass charge may be possible, but it depends on applicable state law.
    This is similar to what the police in my area told me. The Police told me to wait until the property manager came into my apartment again, then to ask him to identify himself (via drivers licence or similar), and if he refused, to call them and file charges. He did not re-enter the apartment after that call. I'm not sure which parts he heard, but it appears to have been enough.

    Thanks again for the response, I hope everyone has a happy New Year!

    Edit: This was pm'd to me by a non LEO person, it was helpfull so I'm posting it:
    try going to the property tax website for your county....google it!
    most will allow you to see who owns the property....enter the address of the property..not your apt number, sometimes less is more in this instance. often times there will be a mailing name and address for the contact. other than than you can contact the local apartment association in our county and they regulate a lot of these types of issues and can give you information about how to persue your issue. i would add a lock/bolt/flip latch to the inside of the door to keep him out while you are there. you may even change the lock until it's resolved to ensure your privacy...check your lease about changing the locks. other than that, you can put up a video setup to record him coming and going while you are gone. if he's there for repairs its one thing, if he's going through your stuff it can possiblly be considered as unlawful!
    Last edited by uicipher; 01-06-11 at 06:12 AM.

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