My, ex has a tenant who signed a lease, agreed to various rules in writing. Then 2 weeks later, we find out he does not have a job, is applying for un-enployment and will pay weeekly. Then started calling all hours of the night, being belligerent, hostile and threatening. NOW, says he will not pay a dime, has filed a false police report against the owner (female), says he has squatters' right was very vulgar and threatening, in that he said he filed police report against the owner(false report that is). Says that she can't do sh!@#@t and this house is his for the next 30 days. She is afraid to go to her own home because of this guy. He says if she does come he will call the cops and do everything he can to keep her out. He will take the contents of the furnished room and/or destroy of steal property from the house. She is terrified. I have no legal rights, but I am trying to help her. If I show up he will call the police and lie to them and have me locked up. How do we get rid of this !@#@ when she or I has no money to file against this person. This is in Dade County Florida. What can we do with this threat to her and the public. This guy is crazy and could be capable of anything. Thank You.

Hello marine:

If it was me, and I was an ex marine, I'd go put him out of the house. Yes, it's illegal for you to evict him that way. But, once it's done there's nothing he can do about it except sue you, and he probably won't.

excon

Quote:

---

Originally Posted by Floridaexmarine

My, ex has a tenant who signed a lease, agreed to various rules in writing. Then 2 weeks later, we find out he does not have a job, is applying for un-enployment and will pay weeekly. Then started calling all hours of the night, being belligerent, hostile and threatening. NOW, says he will not pay a dime, has filed a false police report against the owner (female), says he has squatters' right was very vulgar and threatening, in that he said he filed police report against the owner(false report that is). says that she can't do sh!@#@t and this house is his for the next 30 days. She is afraid to go to her own home because of this guy. He says if she does come he will call the cops and do everything he can to keep her out. He will take the contents of the furnished room and/or destroy of steal property from the house. She is terrified. I have no legal rights, but I am trying to help her. If I show up he will call the police and lie to them and have me locked up. How do we get rid of this !@#@ when she or I has no money to file against this person. This is in Dade County Florida. What can we do with this threat to her and the public. This guy is crazy and could be capable of anything. Thank You.

---

File a restraining order, file for emergency eviction.

I'd follow ex-con's advice on this one, especially if he was stupid enough to put any of those threats in writing or say them in front of witnesses. Yes, it's an illegal eviction. But even if it does go to court, and he wins, you might lose a couple months rent and some moving costs, and that would be well worth it to me to feel safe again. And if you have proof of the threats, the courts are likely to not award that. I'd also follow Judy's advice, and get the police involved in this. That way if the judge asks "if you were so worried about the situation, what did you do about it before the eviction", you can point to proof that you were concerned enough to bring the police into the situation.

The first step is to go to the police and report the threats and harassment (false report). Then ask for a restraining order and emergency eviction.

Make sure you document everything.

Hello again, marine:

I'm going to adjust my recommendation to this degree:

I'm a believer in the system, when the system works. The problem in the law (or in law enforcement), is that it doesn't cover every event that can transpire between people. Therefore, I would follow ScottGems advice. Give the cops and/or system a chance to work.

However, if the system drags its feet, or doesn't respond at all, revert to self help, and put this loser out.

excon

This is exactly why you do a good background check on someone before you let them move in and get the first months rent and security deposit in advance. I know this doesn't help now and it seems to be something that every landlord has to learn for themselves. The system however expects you to do this before you rent to someone. Which is why they make it so it takes 30 days to get someone out. Follow scottgems advice and also file for a regular eviction at the same time in case you lose the emergency eviction.

I would certainly contact the police about this matter. Just be prepared for the possibility that they won't do anything about it. They may say it's a civil matter and tell you to evict him. Do you think the tenant is likely to go crazy and make threats in front of the police? Or will he be all nice and polite in front of the police and then go off when they're not around? If it's just (I'm not saying it's not serious) verbal threats and the two of you are basically the only witnesses to it, unfortunately the police probably won't do much.

Also, Florida is one of the most landlord friendly states. This tenant (any tenant) can be evicted without the landlord having to see the tenant face-to-face at all. I believe your ex's case will have more merit if she is beginning the legal eviction procedure. Has she given him the necessary "pay or quit" notice? Verbally telling him doesn't count.

Also, he may very will trash the place and steal stuff. That's what crazy people do. At this point she can't worry about that. All she can do is get him removed as soon as possible and then her remedy is to sue him in small claims court for damages.

I don't completely disagree with the advice to just throw this guy out. I would just be very careful and smart about how to go about doing it. If he is as genuinely crazy as it seems someone could get hurt. Hopefully he's just a crazy bully and would tuck his tail between his legs and sulk away.

I know first hand how painfully horrible it is to just sit by and feel like you're doing nothing while someone lives in your property, not paying rent, damaging it, and acting awful. In the 15 years I've been doing this I've learned that the eviction process is the most effective and (believe it or not) fastest way to get rid of a person like this. And while it's going on the best thing to do is just completely steer clear of them and the property and let the process play out.

In California, she can give him a 3 day notice to pay or vacate--a formal notice. Have someone else put the note on his door. Then call the sheriff to help evict him. She should not give him a reason for the eviction. Of course, I don't know if that works in Florida.

Meanwhile, definitely she should contest the false police report and I agree with everyone else that she should go to the police. I don't agree that you should take matters into your own hands at this point, or you may end up with an assault charge. So far he hasn't actually hurt anyone, just refused to pay and talked up a storm. Tenants do that all the time... unfortunately.

Quote:

---

Originally Posted by asking

In California, she can give him a 3 day notice to pay or vacate--a formal notice. Have someone else put the note on his door. Then call the sheriff to help evict him. She should not give him a reason for the eviction. Of course, I don't know if that works in Florida.

---

A pay or vacate notice is the first step. But that DOES constitute a reason (non Payment). If the tenant ignores that order, then a formal eviction has to be applied for in housing court. The problem with going through this is the tenant can trash the place and then disappear.

Also it appears this person is renting a furnished room, so the landlord has to confront him daily.

That's why the retraining order is a better tool here.

Quote:

---

Originally Posted by ScottGem

Also it appears this person is renting a furnished room, so the landlord has to confront him daily.

That's why the retraining order is a better tool here.

---

Whoa... I totally missed the fact that this is a furnished room in the owner's house! (Good catch) After going back and re-reading the original post I believe that's correct...

Is that the case, original poster??????

If that's true then yes, I believe the police will be likely to be more responsive. And I would do whatever is necessary to protect myself and my home!

Tape record everything they tell you, and to be honest get a order of protection against them and get them thrown out

I also didn't get that the tenant was actually adversely occupying her own home. I agree that changes everything.

Yes, the tenant is renting a furnished room. He signed all the regular lease paperwork along with additional paperwork waiving the rights to arbitration or due process. We just have to give him a 72 hour notice. BUT I don't think this applies to Florida. The girls are going to goad him into being threatening and then call the police back to have him arrested. I sent her and her friend there today to see what is going on with the house. I advised them to get a police escort to the home. They are looking into filing an emergency restraining order with the order to vacate the premises for the safety of the owner. I had heard the individual making these screaming threats and orders to her. I did to a notarized affidavit to the judge stating what I witnessed and heard. I know I cannot go there although the homeowner gave me a blanket Power of Attorney to administer the property and its tenets. I have to work, else I would have gone, but then this idiot would call the police on me as a threat. That is why 2 of them went down. The are going to the Police department 1st, then the courthouse to file an emergency restraining order if she can, then go to the house to see if anything is missing or damaged with a police escort. I sent them with a tape recorder also. I, would love to personally toss the guy out and change the locks, give him his stuff in plastic bags, and arresting him for trespassing if he comes back, but its her house. I hope all is OK with them as they are not answering the cell phone. I don't know what the laws are on protecting herself in her own home. I know, if I was there and the guy went off, I can terminate the guy, if I felt in fear of my life or for the protection of theirs, but I don't want to escalate this if I can avoid it. The threats and retraining order have to come from them. He even filed a false police report, that the owner was threatening him. Kind of funny when she is 5 feet tall and 90lbs soaking wet.. I just got word that they have arrived to the house with police escort, they have their weapons drawn as it appears he may be armed. She said I have to go and make a sworn statement to the judge tomorrow am, but we will see what develops. The police said he can take what's in the room even though it was rented furnished. I will brake the TV with a hammer before I let him steal it. OR I can wait until he takes it, then press charges for theft of private property. I wish I could be there and let this moron threaten me in front of the police. I hope he is stupid enough to do it in front of the police. They are there to check the contents of the house for theft/damage. If they get him arrested, can I change the locks and bag his stuff for pickup outside, or do we have to let him pack it up under police supervision? Thanks for all your help. {appeal for donations edited out-<>} She was left the house by her parents who both died last year. She is trying everything she can to keep the house. After this, she will probably have to put it up for sale, unfortunately. The house is all she has. Even though she is my ex; I promised her mother I would try to help her keep the house. We still stayed best friends. Thank you all for the advice and your help. If anyone needs help with their high speed internet or their computer home network/wireless: let me know as I am an expert.

Quote:

---

Originally Posted by Floridaexmarine

Yes, the tenant is renting a furnished room. He signed all the regular lease paperwork along with additional paperwork waiving the rights to arbitration or due process. We just have to give him a 72 hour notice. BUT I don't think this applies to Florida. The girls are going to goad him into being threatening and then call the police back to have him arrested. I sent her and her friend there today to see what is going on with the house. I advised them to get a police escort to the home. They are looking into filing an emergency restraining order with the order to vacate the premises for the safety of the owner. I had heard the individual making these screaming threats and orders to her. I did to a notarized affidavit to the judge stating what I witnessed and heard. I know I cannot go there although the homeowner gave me a blanket Power of Attorney to administer the property and its tenets. I have to work, else I would have gone, but then this idiot would call the police on me as a threat. That is why 2 of them went down. The are going to the Police department 1st, then the courthouse to file an emergency restraining order if she can, then go to the house to see if anything is missing or damaged with a police escort. I sent them with a tape recorder also. I, would love to personally toss the guy out and change the locks, give him his stuff in plastic bags, and arresting him for trespassing if he comes back, but its her house. I hope all is ok with them as they are not answering the cell phone. I don't know what the laws are on protecting herself in her own home. I know, if I was there and the guy went off, I can terminate the guy, if I felt in fear of my life or for the protection of theirs, but I don't want to escalate this if I can avoid it. The threats and retraining order have to come from them. He even filed a false police report, that the owner was threatening him. Kind of funny when she is 5 feet tall and 90lbs soaking wet.. I just got word that they have arrived to the house with police escort, they have their weapons drawn as it appears he may be armed. She said I have to go and make a sworn statement to the judge tomorrow am, but we will see what develops. The police said he can take what's in the room even though it was rented furnished. I will brake the tv with a hammer before I let him steal it. OR I can wait until he takes it, then press charges for theft of private property. I wish I could be there and let this moron threaten me in front of the police. I hope he is stupid enough to do it in front of the police. They are there to check the contents of the house for theft/damage. If they get him arrested, can I change the locks and bag his stuff for pickup outside, or do we have to let him pack it up under police supervision? Thanks for all your help. She was left the house by her parents who both died last year. She is trying everything she can to keep the house. After this, she will probably have to put it up for sale, unfortunately. The house is all she has. Even though she is my ex; I promised her mother I would try to help her keep the house. We still stayed best friends. Thank you all for the advice and your help. If anyone needs help with their high speed internet or their computer home network/wireless: let me know as I am an expert.

---

Please read the rules of the legal site - this is an outrageous request and totally against board rules.

Sorry, please disregard the request area. My mistake. I am just very upset about all this and did not consider the limitations on the posts. Sorry, and thank you again.

At this point the police and court system will take over. Just let them guide the process and tell her to try to hang in there! Like I said, I KNOW how hard it is to sit back and feel like you're just "taking it" when someone is outright taking advantage like this. BUT, it's not worth losing your life over a house. Her parents wouldn't want that to happen.

The police are right in the fact that he could clean the room out and there's not much they can do about it. I've had tenants take (nice) appliances of mine when they moved out and it's a CIVIL matter. It's NOT a criminal offense. It's an area of our legal system that is grossly lacking, in my opinion. She has to wait for him to take the stuff, and then she can go back and sue him for the value of what her took.

Please keep us posted. I would love to know how this all shakes out. A situation like this could really help someone else in a similar situation, and it's just a really interesting case. And please let us know that she's OK.

Thank you. Here is the update. They are fine and are filing the restraining order and eviction. It gets better, when the police were there and the guy wasn't home. They could see in the door and the other tenant spots HIS dvd system in the guys room! Police told him to retrieve it. When the idiot gets home, he is to call the police and they will come out and get him for theft. He will press charges. He is going to him the idiot a choice. Get out or he will have him arrested for theft. I will know more tonight or tomorrow. Thanks for all your advice.

Final update: The girls filed an emergency temporary restraining order, got it granted and went back to the house with police escort. They oversaw him packing his stuff and threw him out. We have the final hearing on 10/6, the officer said we should not have anything to worry about as the idiot was scared and the order will be granted as permanent. He thought he could bully and threaten them because they were female and I could not get involved because of my heart condition. He is not allowed within 500 feet of the house or them. He packed his stuff and walked out. I also found out from one of them that he had pushed her and said that she tripped. I did not know this at the time because I would have done something about it physically. So the restraining order was granted immediately. The officer said he very likely won't show up if he has any idea what's good for him. The other roommate that had his dvd player stolen and retrieved it from the room is also pressing charges. The ex-tenant now really had a bad day. So, if you are in South Florida, I would not rent to Julian Jackson JR.. We now don't have to do the eviction, but I have to testify at the hearing at what I listened to. Every time the guy had called to be threatening and abusive, it was on speakerphone. Good idea when dealing with the renter from hell to have others, not related to you listen in, so it is never her word against his. Again , thank you for all your advice. Erik

Erik, I'm glad they got it all worked out to the point they have. Please make sure they follow through with the hearing and whatever else she's told to do. Don't want to leave any loose ends.

In the future she (obviously) needs to screen people carefully. It's not hard to do a background and credit check on people, as well as verifying their employement and rental history. It's possible, but highly unlikely that someone like this would slip through a proper screening.