Particularly after posting dire fear for their safety! Why stay. Leave and do a smear campaign against the person causing you fear if you feel the need.
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If a Building Dept issues a vacate order then YOU MUST IMMEDIATELY VACATE.
You run inside, grab undies, your toothbrush, the cat and your purse and you GO.
They were fortunate they got a few hours to go. Thatâs why the Building Dept was coming back later that day (according to posts I read). And that was to make sure the parties had vacated the premises.
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Pretty common. By me they are filed in State Supreme Court. The same local Supreme Court that does divorces, applications for immediate relief, large suits for over $25,000 in areas of personal injury or whatever as well as felony criminal cases. But thatâs for suing the local city agencies. To sue a state agency you go to the stateâs Court Of Claims.
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I think it is extremely pertinent to note that in terms of MB asking or demanding that she leave, that that seems to have happened at the earliest on Aug 5, at which point tensions were extremely high. This suggests that her ârefusing to leaveâ could not have been the fundamental cause of those tensions. To start a possible eviction process, wouldnât the demand to vacate have to be in writing?
Building department order to vacate: here is my provisional interpretation of what happened, which is sure be the minority view.
Barisone and LK and RG reach a verbal agreement that RG will make renovations in one of the two living spaces in the farmhouse. It would be the newly created living space, not the original one which is up to code.
In these renovations, RG is possibly not licensed, or the renovations are not permitted, or the renovations are not up to code. If it was a basement being converted for living space (bedrooms), it would have required egress for standard building codes. All of these potential factors have been discussed in previous threads.
LK and RG call the building department to out Barisone on whatever aspect of the renovations is non conforming with municipal laws. The building inspectors come out and order the newly renovated (basement?) space vacated, but not the original space on the first (and second?) floor. The vacate order pertains directly to spaces rather than people.
Even though the original vacate order applies to just the newly renovated space, Barisone on the second visit asks the building inspector to eject LK from the first floor space, and the building inspector says ânoâ, youâll have to go through the eviction process for that.
The alternative scenario is that the building inspector ordered the entire house (both living spaces) vacated. It is unclear from the filing which scenario is true. If the second scenario is true, it would have been far simpler and far more clear for the lawyers to have written âthe building inspector ordered the entire structure vacatedâ. But they didnât.
Unless the building department ordered the entire house vacated, it is not the case that LK âignored the order to vacate.â
On a literal interpretation of the filing, my first scenario in which the order to vacate applied to just one of the two living spaces is a valid interpretation.
I do not know whether the order to vacate applied to the whole house or just to the part not occupied by LK. I think the filing is written in a very âlawyerlyâ manner which enhances rather than eliminates the ambiguity.
And I think itâs full of typos, written in haste, but what can you do?
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It was my understanding that MHGâs children were not on the farm at the time. That doesnât mean that CPS didnât get permission to speak with them wherever they were. Maybe LK (if she was in fact the one who placed the call) knew that and just wanted CPS to verify something like the dirty cat box in the kidâs bedroomâwhich could have been there temporarily because the kids were notâwho knows?!
Also, do I remember correctly that it was stated/speculatedâ2 years agoâthat MB was conflicted because he âwanted her horses, but not LK, herselfâ?
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What are the allusions âin multiple conversationsâ to @FitzE not being a lawyer? Please quote one.
My âquestioningâ whether she âwas sure she was a lawyerâ was, I thought, obvious sarcasm, as I have explained.
But I agree with you both that the Trumpian tactic of deflect, deny, and discreditâ is rampant on this board.
In my state the Landlord can ask the tenant to leave either verbally or in writing. Iâm not in NJ.
After 30 days a case can be initiated to get the tenant to leave by filing a petition and that petition contains a statement as to when the tenant was asked to leave and in what manner they were asked to leave.
I suspect MB just may have asked verbally even earlier but we will never know for a fact.
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Youâre deflecting again and I wonât respond. Read what I actually wrote and not what you think I wrote regarding what FitzE said.
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Related concept: answer what I asked and not what you wish I asked.
We can dream, right?! 
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When I give thirty days notice, I make sure itâs in writing. If one anticipates that eviction may be necessary, it would seem prudent to have the demand in writing in order to prevent disputes on when the demand was made.
Logically, if Barisone had asked her to leave (verbally or otherwise) prior to Aug 5, wouldnât the lawyers have stated the earlier demand to vacate in this filing? Given that, I think itâs reasonable to assume that she was not asked to leave prior to Aug 5. Remember that he was asking her to sign some sort of new agreement/document/contract on Aug 4, he called the police when she declined to sign, and on Aug 5 he asked her to leave.
Yay for you doing it in writing. In MY STATE it can be verbally.
The assertion as to demand date appears on the petition which is a sworn document.
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No, I was not deflecting. You said that in multiple conversations posters had questioned whether @FitzE was a lawyer, and I remember no such conversations, so I was asking you to provide at least one such quote.
@FitzE has on several occasions produced posts filled with legal language and I find it hard to believe anyone doubts she is a lawyer. [This is not sarcasm.]
This is the second time youâve stated you wonât respondâ in your response.
Oh looky, if a NJ tenant doesnât timely vacate they have to pay double rent. But anyways this is what a petition looks like.
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Good keep count. Weâll see how high it goes. Weâre at 2 now.
I refuse to keep repeating myself so by all means, have at it.
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Thanks, @Knights_Mom. It looks like most of the form has to do with eviction for nonpayment of rent, which has not been mentioned in this case.
The relevant part for surrendering possession due to a demand to vacate (boxes 10 and 11) asks that the notice of demand to surrender the premises be âattachedâ. Perhaps in NJ there does need to be written documentation of the date of the demand to vacate, or perhaps there is another form for something other than non payment of rent.
General comment.
I think a point has gone missing that seemed fairly established in the original 2019 threads.
Thatâs that this situation blew up very fast. As I recall, the first toxic threatening SM posts from the victim were on a Thursday, there was a weekend of 911 calls etc and the shooting happened on the following Tuesday afternoon.
We still dont know why things went downhill so fast and so badly.
Iâve certainly known people with mood swing disorders and/or substance abuse problems to cycle into violent rage very quickly, get delusional, turn against people. In retrospect you might be able to see it building. Sometimes people on a downward spiral just present as somewhat irritating, a person responds to that irritating behavior, and then they are at the receiving end of the total meltdown when it happens
Iâm not saying this is what happened here, as we arenât meant to do armchair diagnoses.
Anyhow my understanding is things went bad so fast that there may have been no time to do a proper eviction notice or protection order.
As far as GJ, my understanding at the time was that she posted on the first thread, and subsequent to that was in communication with the defense team. I did not get the impression that MB even knew about her prior to the shooting.
LK had switched disciplines from h/j to dressage and moved to another area. Information about no-name lower level amateurs in H/J is unlikely to travel to upper level dressage barns.
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"@Scribbler - interesting. If the house were âfor the barn staff,â why did he force them all (in late May 2019) to cram altogether in the upper level of the barn, so that he himself could take over their entire ex living space?
He took over every bedroom they inhabited in the basement. He took over the main level floor- where we lived previously and gave us the upstairs level apartment.
He had exactly no reason to displace the staff. Well, he DID have one reason! Nothing to do with us. His life, his choices.". LaLaPoprider From the thread in CE
Well, um, maybe because of the water damage from the burst pipe?
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You are falling into the trap of assuming that these claims have some truth value 
and then trying to assume motivation or explain.
The real interest of the MB filing against the police is that it documents and gives a timeline about interactions with LEO. It is also clear about when the inspectors gave a vacate order, and that LK was not obeying that order.
It also makes it clear how fast this boiled up.
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Thanks for the info that LK was in the âupstairs level apartmentâ. Were the (likely unpermitted and/or not to code) renovations elsewhere, like the basement?
