Thank you! It was a nightmare. I am somewhat affluent (compared my neighbors in the neighborhood I moved to after this hell… but certainly not compared to horse people! Ha!) and privileged… so I can’t even imagine what NYCHA residents go through. What hell (and thank you for the work you do to combat that!). Thankfully current landlord is amazing. But keeping you on “speed dial”. Thank you.
ETA: the comments on my station in life are Re: my fortune and luck and the disparity in this country… I am not one who has disposable income. Can barely afford lessons, much less lease/buy/board!
Question for Knights Mom, and with the understanding that your expertise is with NY law and not NJ - If MH got a restraining order against RG and LK, would that expedite an eviction? (Sorry to be redundant if you’e already addressed this.)
In my experience you are wrong. You may be more versed, but I would hate for people here to have that be the takeaway. The tide favors landlords. That is why it is a business.
Speaking as someone in the mortgage industry, the foreclosure process, of which eviction plays a huge part, varies enormously from state to state. New York is considered the worst. It can take a lender up to 3 years to foreclose on a property. Many lenders simply won’t lend in NY for that very reason. In other states, a lender can foreclose in as few as 3 months. While I’m not familiar with the eviction specifics from state to state, I assume it is fairly parallel to the foreclosure process.
If MH got an Order of Protection against LK/RG it would be through Criminal Court. Housing court doesn’t issue Orders of Protection per se… a judge could write an order stating parties can’t harass each other and that happens often. But it has no where near the weight of an Order of Protection. A violation of an Order of Protection is a MUST ARREST for the police.
Now an Order of Protection can have situation specific language in it -
Example:
Ordered, that the Respondent is not to contact, harass, annoy, threaten or assault the Petitioner
shall not come within 100 feet of the Petitioner
shall not berate, badmouth or speak of the Petitioner in person or on social media
Etc etc.
It IS POSSIBLE to remove someone from a home. HOWEVER my experience with this is only for Family Court Orders of Protection as I worked that court for 17 years.
As an example, husbands or paramours were often EXCLUDED from the home via an ex parte (only one side involved) filed temporary Order of Protection. So if a wife came into court asking for an O of P because husband assaulted her or kids then the judge can order husband removed by police on this temporary O of P alone, with a hearing scheduled for the future when a final O of P is issued for 1 or 2 years or whatever the expiration is.
I never worked the part of Criminal Court that issued O of Ps. I worked CC for 2 years in the 24/7 arraignment part of Manhattan Criminal Court in the 1980s. Too much has changed. But I’ve never seen an O of P that excludes a resident from a home without an arrest being involved for what it’s worth.
My guess is that evictions outside of NYC happen faster upstate than downstate. I would comfortably bet that NYC evictions are the slowest. Just a hunch.
Again, I am not speaking to any one aspect of the law. I am not a lawyer. But as I said, if things were so horribly bent against landlords so as to render the practice unprofitable, it would not be considered a business. It would be considered a hobby. Real estate isn’t that. It is a business. The same applies to horse keeping.
I have been viciously stalked on the internet and know what it’s like to deal with a hateful whack job. For me, however, it did not impact my IRL. For Barisone, it did and his hell had to have been a million times worse than mine. I can’t imagine that. I’m not saying that shooting this woman was justified, just that I can understand how he got there, especially when she went after the kids while under his roof.
And yes, the evidence is not yet in–forensic work is still happening and it will be a few weeks before they see what is there. But we know: Barisone shot this woman, this woman was attacking him with the glee that came through on her FB page (now private, but lots of us have screenshots).
In Indiana you don’t need a contract for someone to be considered a tenant. For example, you can move a friend in with you temporarily while she gets over her ex. Then you find out that she won’t help you with rent, she loses her job, she brings over random strange men. You can’t just change the locks when she’s gone and put her things on the porch. You have to go through the legal process of evicting her with notices and filing in court and waiting periods.
thank you Knights Mom - for the explanation on why it is so difficult to get rid of tenants. I have heard of so many instances where the landlord has to continuously go to court to rid their rental of these tenants. A lot of good information here in other instances too - I have a friend who is in the process of a divorce and she is living on the horse farm and just took in a ‘roomate’ to help with the cost of living - I will see if she got a contract and if it is a legal document. The room-mate is a friend with three dogs - I can see various problems that could occur costing $$ which could possibly lead to problems. and if it’s just a verbal agreement there could be trouble.
Which is why having a gun easily accessible increases the likelihood that someone’s going to get shot. When someone is desperate and not thinking straight, the last thing you want is them to be able to put their hands on a gun in a moment of rage.
However, I would assume a contract, and proof that the parameters of that contract were not met, makes eviction of a bed remnant … ETA, oh autocorrect, you are too droll this early… bad tenant.
The first statement doesn’t bother me. I haven’t seen the second. That statement, if it’s in conjunction with some fictional reenactment vision of 'what really happened"… well, I don’t take those seriously, either.
I would hope a contract would help but I’m not sure, my SO’s brother was living in a house we were renting to him on a contract. He lived there for months rent free and we eventually gave up on evicting him and just sold the house with him in it because we couldn’t afford two mortgage payments anymore and the drama involved with the situation was too much. He moved out on closing day.
