I was working on a laundry room door lock, when 2 tenants came home, one from work and the other from drinking alcohol... I was on the inside of the laundry room door when the female tenant practically pushed the door in my face, and when I said I was going to call the police, the male tenant, practically knocked me over, saying I have to wash clothes, and busted into the laundry room, with a basket... He then proceeded to start saying crazy things, and at one point was within an inch of my face, and I could smell alcohol, and he then said hit me, just hit me, and then grabbed my left hand, and a few hours later these 3 fingers were pulsating and I had x-rays taken the next day, and they were swollen but not broke... I got a prescription from doctor for Vicodine.. They owed me 335 dollars at the time, and I had told them earlier in a text, that I was no longer renting to them, and to find another place... I had two other tenants in house, and a 17 month old baby who was awakened by the yelling... Someone called the police and I was charged with simple battery, and the police told me Mike was not drinking, and it wouldn't matter if he was on private property... I will fight this, as the witnesses were liars and both of them were mad, as they could not come up with rent, and they could not act sensibly to solve this problem...

This doesn't make sense - "practically" hitting someone is not the same as hitting someone; also, you did nothing, he hit you and injured your fingers and you were arrested for assault?

At any rate, you need to formally evict these tenants - IN WRITING, not by texting.

First, you have two separate issues. One is the criminal case for battery. The second is the eviction.

If the tenants are behind in the rent, you file a pay or quit notice according to the rules for your area.

As to the battery, you need a criminal lawyer to help you defend that charge. It does not matter whether they lied or not. Unless you can prove they lied, you will, in all likelihood, be convicted. Which could have an affect on your eviction.

Some other points. If you were working on a door, BEHIND the door, how were the tenants supposed to know that? Did you put up some sign that you were doing work? Why would you threaten to call the police because of that? Seems to be, you escalated a simple accident that you helped cause.

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Originally Posted by ScottGem

First, you have two separate issues. One is the criminal case for battery. The second is the eviction.

If the tenants are behind in the rent, you file a pay or quit notice according to the rules for your area.

As to the battery, you need a criminal lawyer to help you defend that charge. It does not matter whether they lied or not. Unless you can prove they lied, you will, in all likelihood, be convicted. Which could have an affect on your eviction.

Some other points. If you were working on a door, BEHIND the door, how were the tenants supposed to know that? Did you put up some sign that you were doing work? Why would you threaten to call the police because of that? Seems to be, you escalated a simple accident that you helped cause.

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Answer to reply-------I had the door half open, and on the text that I replied to, the woman renting the bedroom, said that all her friends told her she was being ripped off, and I was living off her and her boyfriend.. She intentionally pushed the door when she walked past it, on her way to bedroom, and I never said a word to her until then, when the door almost hit me in the head... While I was leaving to go call police her boyfriend blocked me in the laundry room, shoved me with a laundry basket, and grabbed my left hand, and I did what I had to, to get loose... He had beer on his breathe as he was 1 inch from my face, telling me to hit him, so he could call the police.. When his girlfriend started running her mouth, before the incident, I asked her please not to talk to me... And this what lead to her boyfriends rage, and attacking me

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Originally Posted by JudyKayTee

This doesn't make sense - "practically" hitting someone is not the same as hitting someone; also, you did nothing, he hit you and injured your fingers and you were arrested for assault?

At any rate, you need to formally evict these tenants - IN WRITING, not by texting.

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The tenants moved all their stuff out the next morning when I went to doctor to have x-rays of my hand, and stole several things and there was no reason for that.. The police told me it dpesn't matter if they were drunk as long as it was on private property... I was in the laundry room with the door 1/2 open, working on the door handle, and I was attacked, by a drunk who was telling me repeatedly at the top of his voice to hit him... I defended myself so I could get my hand free, and that's all I done.

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Originally Posted by JudyKayTee

This doesn't make sense - "practically" hitting someone is not the same as hitting someone; also, you did nothing, he hit you and injured your fingers and you were arrested for assault?

At any rate, you need to formally evict these tenants - IN WRITING, not by texting.

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I am getting an attorney when I get the papers...

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Originally Posted by ScottGem

First, you have two separate issues. One is the criminal case for battery. The second is the eviction.

If the tenants are behind in the rent, you file a pay or quit notice according to the rules for your area.

As to the battery, you need a criminal lawyer to help you defend that charge. It does not matter whether they lied or not. Unless you can prove they lied, you will, in all likelihood, be convicted. Which could have an affect on your eviction.

Some other points. If you were working on a door, BEHIND the door, how were the tenants supposed to know that? Did you put up some sign that you were doing work? Why would you threaten to call the police because of that? Seems to be, you escalated a simple accident that you helped cause.

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I never helped cause anything... These two always had a reason not to pay all the rent, but the frig was loaded with beer and Kalula, and they both chain smoked... They did this so they could get out of paying me the rent, and other charges they had made on my phone bill for 6- 411 calls

OK, I'm getting the picture that you were running a boarding house, not an apartment building.

We have only your word for what happened. But the police are being inaccurate. If he assaulted you his being drunk will have a bearing if you bring charges against him. The police may not have been able to arrest him for drunk and disorderly on private property. But they could for assault.

So get yourself an attorney and tell them the whole truth and let them figure out how best to deal with the situation.

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Originally Posted by ScottGem

OK, I'm getting the picture that you were running a boarding house, not an apartment building.

We have only your word for what happened. But the police are being inaccurate. If he assaulted you his being drunk will have a bearing if you bring charges against him. The police may not have been able to arrest him for drunk and disorderly on private property. But they could for assault.

So get yourself an attorney and tell them the whole truth and let them figure out how best to deal with the situation.

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Thanks Scott.This guy is 25 years old, has 2 Dui's that I know of, and maybe 1 more that I heard of.. Him and his girlfriend lived with his parents for awhile, till the parents couldn't stand them, and then they lived seerate and then when I rented her a room, he was here all the time and I told him thaT HE WOULD HAVE TO PAY RENT.. So he was paying 90 as he was getting unemployment, and his girlfriend paid 115... Well they thought they were being ripped off, and when they came home from her working and him drinking in the bar next door, they had one thing in mind.. To start trouble, and they got the police to believe them, even though he almost busted my fingers, and he was elling me to hit him, and evict us, as we can live here free for 6 months then... I have loaned both of them money many times, and got it back but now I am out about 500, as they want to use the rent they owe me for drugs, booze and cigarettes... These 2 were very disrespectful, and I had to call the cops on them before for the way tyhey talked to me... So for the battery he got in my face, and pinned me against the laundry tub, and I had to push him to get him to stop... I amjust fed up with when you see trouble coming, and you tell them to please don't talk to me, that it means something... The cops said it doesn't matter what he did to me, it is what the witnesses saw, who are his friends(girlfriend, and the guy who drives them around). She totalled her car, and he has the DUI's and can't drive for 5 more years I think... Thanks again...

Then it will be up to your attorney to impeach his witnesses.

I don't know where he got the idea that your evicting him would let him live rent free. Now if you illegally evicted hm maybe. But if you followed legal procedures for eviction he wouldn't have a case.

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Originally Posted by ScottGem

then it will be up to your attorney to impeach his witnesses.

I don't know where he got the idea that your evicting him would let him live rent free. Now if you illegally evicted hm maybe. But if you followed legal procedures for eviction he wouldn't have a case.

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His girlfriend sent me a nasty text from her workplace, at 9:52pm, and it said that everyone lets us know that we are getting ripped off, but we always pay.. They are always late, and I have to almost beg for the money, or they will spend it on junk for them, when they live like kings... I told her to get a new place if she feels that way... I told her also that she is no longer renting here, and to get a new place... They came home mad, and she mouthed off to me, and when I was calling police after she pushed the door at me, and almost hit me in the head, her boyfriend forced me back in the laundry room, and started yelling and threw a punch and missed, and then grabbed me, and I could smell alcohol... I told the police this, and they said it didn't matter what I had to say but the witness.I called their supervisor, and he was stupider than they were, as he said as long as they are on private party they could be drunk and it didn't matter... They had no business interfering with me when they got home, but now I will have to prove that they are liars...