edit out the cursewords!
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Wow, look at the time. It must be wine oāclock.
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This. 100%.
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I bought a farm last winter. It has issues - code violations, etc. The former owner had a 60 day lease back during which the county came out to issue a code violation for āmanure stockpilingā. She stopped hauling off manure a few weeks before we closed on the property. Approximately 20 horses on 3.8 acres in CA with no manure haul off. It was bad. Really bad.
I kept part of her security deposit to cover the fees for hauling off the manure. I was one thousand percent in the right, with a clear lease contract about the conditions and the law absolutely on my side.
The woman was beyond unreasonable. I had a few glimpses of it during the sales process but nothing prepared me for the lengths this woman went to over a very small amount of money. It was ā¦ very scary. Pages of emails, highlighted in red. Over and over and over.
I was faced with mediation or court. To go to court would have cost me many, many thousands of dollars. I ended up giving her half of the money back to go away. It was a complete nightmare and nothing I would wish on my worst enemy.
Again I was absolutely, completely in the right legally and she was completely wrong (but convinced she was right).
It was ā¦ insane. And you canāt reason with crazy.
I have saved up for like 20 years to buy this place. It was really, really upsetting and I was reduced to tears during a meeting with the mediator because I had been pushed to my breaking point by the behavior of this woman. And what that woman did to me was nothing like this situation.
He shouldnāt have shot her, but I have absolutely no doubt based on her FB posting alone that she was behaving in a way that threatened everything about his life. He handled it completely wrong and will pay for it probably by loosing everything. But calling CPS on you? ICE? Very publicly indicating that you will ruin someone? And he canāt get her out? Everyone does have a breaking point.
Even when the law is completely on your side, getting something from point A to point B is not as easy as one would think. She should have been off the property, 100%. There should have been a legal way to get her out quickly.
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Truth!
In my state even if the people are squatters as long as they have been in a residence more than 30 days the ONLY way to evict them is via a court order of eviction that came to be via the filing of a Holdover case.
Even if the tenants are unknown to the landlord and entered 32 days ago via a broken window, there still must be a court order.
On Monday I issued a warrant of eviction for John and Jane Doe and John/Jane Does 2 thru 4.
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Because people suck.
My house is a mother/daughter and I will not rent because I know me. If I needed a tenant to be gone and they hadnāt left after a number of months Iād be tempted to burn my house down (figuratively speaking of course).
The laws are made to protect tenants. Landlords get short end of the stick.
If you EVER think of renting I highly advise going to the Landlord/Tenant courts around you and looking up any prospective tenant for prior cases.
One of our serial bad tenants is a good looking middle aged white Male with his wife and kid that go from place to place moving in then not paying his rent. He drives a BMW and wears a Rolex. Walks around the neighborhood like heās a good guy. When the landlord takes him to court, they trash the place and destroy it. Iāve evicted him at least 6 times so far from different places.
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Oh and btw NEVER EVER EVER depend on a tenantās rent to pay your mortgage. Have seen MANY foreclosures this way. And then I have to process evictions filed by the bank to evict both the tenant and former owner.
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I donāt practice tenant law, but from my understanding, and this is state dependent (I also donāt practice in the US), tenant law can be downright frustrating. Borderline stupid. In some instances I donāt even know why there are even rental properties because the landlords have little to no rights or capabilites. They literally have to sit and watch someone destroy their properties and not pay a cent with very little or no recourse. Again, state dependant. But heck, I donāt care how much money I could earn, you couldnāt pay me to be a landlord in some places. So I can understand frustration in a tenant situation.
But what this comes down to is āplay stupid games, win stupid prizesā
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Lauren Kanarek sounds horrific! A nightmare come to life!
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New Jersey looks pretty reasonable for eviction of tenants at will for any cause or for disorderly conduct.
https://www.nolo.com/legal-encyclopedia/tenant-defenses-evictions-new-jersey.html
https://www.state.nj.us/dca/divisions/codes/publications/pdf_lti/evic_law.pdf
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There is literally no basis for the assertion that she would be dead if not for [insert baseless claim about proximity to a trauma center]
because 1. none of us were there and 2. none of us can see the future.
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Clanter said in post 1086 that she was in close proximity to an excellent health center. Mishmash in post 1115 said as a paramedic, it is possible to be able to speak and still be critically injured.
The person who keeps claiming āflesh woundāĀ is you and that is regardless of what the judge said and media reports of one bullet in the heart and one bullet in the lungs.
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I do not assert that she would be dead, apparently some lack reading comprehension ā¦ I stated āI believeā she most likely wouldā¦ usually they bleed out as many rural areas do not have access of a nearby Level 1 trauma center.
If there had not been a Level 1 trauma center very close by (there are only about 200 in the entire US) usually there is an attempt to stabilize then pitch the victim on air transport to a better place
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Pro tip: If a house you are buying has tenants in it that you dont want, make it a condition of closing that the seller have the place vacant before you will sign.
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So why did you close on the property?
āThis deal isnāt closing until you fix the manure situationā is a pretty powerful negotiating position.
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To me, this seems to be the most logical theory, and my favorite so far! :yes:
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True.
However if thereās a written lease agreement in place, many people do not realize that the lease goes with the property.
In other words. lessees have the right to stay for the full term of the lease, regardless of whether or not the property
ownership changes. Unless thereās a clause that prohibits this.
If nothing was in writing then it doesnāt apply here. But what was the āverbal agreementā?
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The manure situation did not exist when I put the offer in on the house. She had a 60 day lease back and stopped hauling off the manure a couple of weeks prior to close. So at the time of close the problem had started but was no where near as bad as when the county arrived. Built up very quickly as one might imagine.
I could not get the property without the lease back agreement and there were multiple offers on the property. Here in CA the real estate market is insane - I had actually been looking for property for over two years.
But I will never, ever buy a property with a lease back again. Better to just walk away.
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Nope. Posession means it was in his possession at the time of apprehension.
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