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-   -   Was it a Assaulting? (https://www.askmehelpdesk.com/showthread.php?t=845792)

  • Jun 21, 2019, 12:29 PM
    sterlingChen
    Was it a Assaulting?
    A man who rented my house by made a lot of damages + owned 2K+. Since he did not respond me, I went to his job site (MIDAS Auto Repair) and just asked him to respond my request. He and his boss brutally ordered me out of the store and did not allow me to be in the store. I thought it was a kind of assaulting + discrimination (racial + age). Can I sue that company? Thanks.
  • Jun 21, 2019, 12:53 PM
    tomder55
    What does 'brutally ordered me out ' mean ? Did they physically remove you from the place ? Did your renter give you a deposit before moving in ? If so it should've been a minimum of 2 months worth of rent to cover damages .
  • Jun 21, 2019, 03:24 PM
    paraclete
    Consult a lawyer
  • Jun 21, 2019, 04:39 PM
    talaniman
    I would not have gone to his job, bad move in my opinion, but to court for his non response. That's the proper place to address this situation. If his boss asked you to leave then he should have called a cop instead of brutally removing you. Maybe you have a case, maybe not but a lawyer is the one to talk to about it.
  • Jun 24, 2019, 04:56 AM
    sterlingChen
    He did not pay me the Deposit till he left. The damages he made worthies about 2-3K. I messaged (emails, phones, messages) him 2-3 dozen times but he NEVER responded. Then I went to his store and POLITELY asked him to respond me if he could make the payment or still need another few days (he always delayed the payments). But he yelled to order me out. Then his co-worker (his boss) took me out without physical activity. I mean their attitudes were so bad (I don’t know what word will be proper to describe). They ordered me “NEVER come!” and not allowed me to have a simple conversation with the customers (2 white people) in the store. I also felt racial + age (I am a oriental and 66+) discriminated.
    I would like to hear more advises. Should I made complain to his mother-company or file a lawsuit? Thanks.
  • Jun 24, 2019, 07:34 AM
    talaniman
    This is a civil matter for a JUDGE to hear and decide and you got nothing but frustration, drama, and hard feelings doing it any other way, and will get NONE of your money back. Who needs that hassle? Haven't you had enough already with no good results?
  • Jun 24, 2019, 08:01 AM
    sterlingChen
    I do have a civil lawsuit against the person who wants to dispute his unpaid money. In addition, I want to complain to his company for their employees' bad manners.
  • Jun 24, 2019, 08:09 AM
    sterlingChen
    I have another Q: To have a law suit against the person, can I use his business address since I don't know where he lives now?
  • Jun 24, 2019, 09:01 AM
    talaniman
    I perfectly understand wanting to cause this fellow trouble, but just confine yourself to the lawsuit, and if he gets served at work then so be it. I strongly advise handling this through the courts and refrain from any further personal contacts. It's to easy for his employer to dismiss your complaints to the company as a rude and disruptive patron. That's what courts are for, to solve civil disagreements.

    I am sure if you consulted a lawyer he would tell you the same, as local laws will clearly define what's allowed and not allowed when trying to collect a debt.

    Quote:

    Originally Posted by sterlingChen View Post
    I have another Q: To have a law suit against the person, can I use his business address since I don't know where he lives now?

    YES, if that is all you have use it.
  • Jun 24, 2019, 09:58 AM
    sterlingChen
    GREAT thanks to talaniman's advisory!!! When I suit the person in Court, I believe he will present 'He did something impact my business'. What I plan to do is that:
    1) My rental business was significantly impacted by him already.
    2) He continued to ignore my dozens of requests just for Response.
    3) I was polite in the store without any offensive activity, but got assaulted, and my main purpose was to ask his response (another purpose was to request an auto service but also got their rejection).
    4) What he said was NOT related to my lawsuit.
    Are those good for possible his blame? Thanks again.
  • Jun 24, 2019, 10:33 AM
    talaniman
    Yes, and if you have pictures of the damages and receipts for repairs then you should be good to go.
  • Jun 24, 2019, 12:02 PM
    sterlingChen
    Yes. A plenty of photos. Thanks A LOT!!!
  • Jun 26, 2019, 04:05 PM
    tomder55
    did you call the police when you discovered the damage ? Because once you have a police report ,it bolsters your case with your insurance company . As a landlord you should be insured for tenant damages .
  • Jun 28, 2019, 11:40 AM
    sterlingChen
    tomder55: Thanks for your post. I was SO not-experienced. I only took dozens of photos, but did not call police, which was my mistake. I will definitely have a lawsuit against the tenant. Because of the bad manners of my previous tenant, I had made a complain to his company.
    As referring to The Civil Rights
    (https://www.justice.gov/sites/defaul...on_booklet.pdf, Sections Public Accommodations, Law Enforcement Misconduct and Discriminatory Policing, and Hate Crimes), I complained to be discriminated due to my race and age. Since the auto store is a public service, discrimination should not be allowed under any circumstance and conditions, at any place.
  • Jun 28, 2019, 01:34 PM
    tomder55
    do you have witnesses ? What state is this by the way? I find some states make laws that are, let's say, 'tenant friendly ' . I know someone who was renting and moved out ,but a "friend" he invited to stay refused to leave .He was responsible for the rent as long as the "friend lived there . But the eviction procedures of the state meant that his "friend " stayed their for months before being evicted . That's California. I hope you are not in California .
  • Jun 28, 2019, 02:06 PM
    talaniman
    Quote:

    Originally Posted by sterlingChen View Post
    tomder55: Thanks for your post. I was SO not-experienced. I only took dozens of photos, but did not call police, which was my mistake. I will definitely have a lawsuit against the tenant. Because of the bad manners of my previous tenant, I had made a complain to his company.
    As referring to The Civil Rights
    (https://www.justice.gov/sites/defaul...on_booklet.pdf, Sections Public Accommodations, Law Enforcement Misconduct and Discriminatory Policing, and Hate Crimes), I complained to be discriminated due to my race and age. Since the auto store is a public service, discrimination should not be allowed under any circumstance and conditions, at any place.

    Most public establishments have the perfect right to ask you to leave or call a cop if you are seen as disruptive. You have admitted to being there not for goods or services but conducting your own personal business with an employee of that company. The proper thing is not to handle this yourself but strictly and lawfully through the courts. That is not discrimination I don't think. They could have called the cops.

    Tomder is correct that it's the local laws that apply to collecting a debt, and whatever the landlord tenant laws are. GOOGLE LANDLORD TENANT LAWS and add your zip code.

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