GUIDELINES - Tenant Attacks On Landlord

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ERAL is not your lawyer.  ERAL is not providing you with legal
advice.  What ERAL does provide is information from other cases
that are similar to yours and generic information.  Many of the
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---Start Guidance

Concerning a generic domestic violence situation with a tenant
attacking a landlord:

Based on limited information on general procedures and
precedents:

You need to write a detailed, dated chronology of the events
related to your complaint, with dates of events, times, ocations,
what happened, circumstances, consequences, witnesses and what
they witnessed, what you did about it, and the outcome.  In-so-
far-as possible, it should include full identifying information
for any involved parties (Name, address, city, state, zip code,
 phone number, FAX and e-mail address, if applicable).  Similar
statements by witnesses can also be useful.  Formal statements
often begin by stating "In utterance of this..."  You should make
at least five copies, and retain a copy yourself.  Photographs
and evidence of the harm should also be collected and documented,
if possible.

We suggest that you hire an attorney, familiar with domestic
violence and landlord tenant law in the jurisdiction in which the
incidents happened, seek the attorney's advice and use it.

Potential sources for your rights generally include: Criminal
Laws, Civil Laws, and any specific the Landlord Tenant Act in
your state:

If the case can be proven to a judge, the police/sheriff,  or the
prosecutor, potential immediate remedies could include:

1. An immediate no contact order (issued by a judge), which would
keep the

person out of your house, etc.,

2. A 3 day eviction order (also issued by a judge),

3. An eviction order not effective for up to 30 days in
situations less hazardous, and,

4. Possibly jail for the person attacking you, if their actions
are determined to be criminal.

Longer term remedies may include victim compensation and
financial reimbursement for damages, if provided for in your
state laws.

Details on how one might be able to proceed, based only on
general information and not necessarily information in your State
and jurisdiction, are described below:


Criminal (Prosecutor sues on your behalf for criminal offenses)

In cases of immediate violence, call the Police (911 in most of
the United States, or check the inside cover or Blue Pages of
your local phone book for a police or sheriff listing)
immediately, describe the situation and your location and ask for
assistance.  If they respond, the Police could arrest the person
and get an immediate no contact order  -- if convinced of the
immediacy of the need.  If the police decide to go for the no
contact offer, they may take a statement from you and other
witnesses and then call a judge (or a contact for the judge) on
their radio .  The judge may authorize the no contact order.  The
police give the no contact order to the person causing the
violence, which tells the person to stay out of the residence,
your proximity, etc. until a hearing (after which it is up to the
judge).

If that does not get quick results, go to the Prosecutor, or the
Deputy Sheriff, or a District Court Judge in your jurisdiction.
They may work for the City or County depending upon your location
and the specific way that the courts are set up in  your area.
Again, you can check the Blue Pages in your local phone book for
address and phone number. information.

1. Bring your witnesses, chronology, evidence, etc. and
(preferably) an attorney

2. Tell  the Prosecutor (or the sheriff or judge) that you want
to:

a) Press charges, and

b) Get a  no contact order (protection order) or an anti
harassment order, etc. (depending on what such orders are called
in your jurisdiction)

If police do not do this, you may go to the clerk of criminal
court and request a criminal type of no contact order.  The clerk
will probably put the situation before the  judge (or direct you
to the right court) and order police to serve the no contact
order if the judge determines there is sufficient cause.  Later,
one can expect a hearing before the judge with you, the tenant
and any attorneys hired, and both sides will have opportunities
to give their story.

In cases like this you should expect:

1) to fill out paperwork in courthouse,

2) to go to a court and request a no contact order,

3) that it will may be seen as domestic violence if you and the
tenant were living under the same roof, 4) to go to an emergency
hearing and, some days later, a regular hearing after the tenant
has been  served with papers, and

5) that a fine, no contact order, compensation, or jail may be
remedies  (depending on applicable laws, remedies, the judge,
etc.).

If you are having a problem right at the moment, police could
respond from a phone call and take immediate action upon arrival.
If the situation is a cold situation (not threatening your health
or welfare at the moment), you would probably have to go in next
day or whatever.


CIVIL - You sue on your own behalf

Civil suit: it is a Tort (assault and/or battery) every time the
person  harms her & malicious mischief every time property is
damaged.

1) Go to court clerk and request packet of forms to file a small
claim and/or tort, fill out and have individual served with the
papers by a sheriff or adult other than yourself,

2) You should be able to file suit in small claims court for
damages (to recoup money for damage to your property or
compensation for any injuries you suffered.  Check with the clerk
of court about the monetary limits of small claims court.  If
your damages are above the monetary limit, you will have to ask
the Clerk what court you should file your suit in.

3) Threats from the tenant may also be harassment, depending opon
your state's laws.

4) The court will probably set up a hearing date

5) Remedies: money, no contact order, in some jurisdictions can
get emergency no contact order, in others nothing until both
parties are before the civil court.

6) Allot here parallels criminal procedures and might apply to
pressing criminal charges

If a no contact order is issued, the person can't come back to
the place, even if the person is a tenant.  Equity considerations
make it good form to enable the person or someone associated with
the person to take the person's stuff out and refund the
remaining rent, but this may or may not be required by law (an
attorney could sort this out).


Landlord Tenant Act (a uniform State Act, although not all States
are the
same in their version of this)

1) Verify what the law says in your State (best to do through an
attorney -- while it is similar in
most states, there are exceptions);

2) Normally, if one has a tenant, eviction orders give 30 days
notice;

3) Sometimes there are provisions where if the eviction order is
before the 10th of month, would have to move out by the end of
the month (or other variations);

4) Exceptions: There generally are ways of evicting on 3 days
notice, and a violence situation often qualifies.  It would
probably be an emergency eviction stating reasons why; and one
needs a court order for such evictions;

5) An attorney's services are advised to help on procedure;

6) Eviction means get person and the person's stuffs out; and

7) Emergency written evictions on 3 days notice and a court order
often lead to another formal  hearing later at which you and the
tenant can both present your case to judge.

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A violation of a no contact order may be a crime, a trespass
and/or a Tort. If it is violated, call the police, tell them the
specifics, and have the order ready.  Keep a copy of the order on
your person

If police are not helping:

1) Communicate with your local Sheriff or Police Chief (say
something like ...called on such and such time and date and
...state complaint... and ask why the police did not come,
express concern and put the ball in their area);

2) Most Police are focused on domestic violence situations
(2/3rds involved in it in Washington State) and most people
experience some during their life.  Many police think it is below
them and penny ante stuff and may not react the way they should.
Sometimes it could be penny ante, but not always.  If the police
aren't dealing with it properly, go to their boss or higher;

3) A landlord being the complainant is often viewed different
than a domestic partner situation in many women's domestic
violence groups; in court, one may be actually more powerful as a
landlord than an x-domestic partner;

4) If talking to the Sheriff, Police Chief does not work, talk to
the elected Prosecutor (best with an attorney); and

5) One could file suit or go to press (on attorney's advice).

If all of the above fails, other options exist, but they are
generally not very cost-effective until and unless remedies such
as those described above are exhausted.)

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