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  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default Tenant That's on Probation is Threatening Owner of the House

    My question involves criminal law for the state of: Cali

    This question may belong to Real Estate Law or others, so I will post same one in there (real estate) as well.

    (1) This roommate A brought a dog in the house without a permission to our house last night. A claims she tried to call but we never answered, when A can just text. A is on probation (domestic violence) right now and A got into the confrontation due to the dog with other roommate B. A claims that B almost kicked A’s dog and supposedly A feels threatened. A says that A will file a restraining order against B. There is no proof that B did try to do anything. Now, A always have a trouble such us not paying rent + utility for last 6 months since A was thrown into jail. A had some job and had some money but brown to something else. Every time we tell A she needs to move out then A starts to threaten us or call a cop on us. B was on top of everything and being respectful. Now we are in process of eviction for A, and if A was to file a restraining order on B, B will have to be away from A within 24-48 hours if order is granted. Can we keep B and move A out since B can not be close to A?

    (2) A has 2 son and A does not have a custody of due to her financial unstableness and criminal back-ground. If eviction process would start through a court, would this eviction appear in her record and break A’s probation or getting a custody back will be even tougher?

    (3) A gave us 30 day notice about a month ago. Whenever we try to take legal procedure (evicition process), A makes a huge deal. Also A told us to do legal procedure. First of all, A ripped 3 days or Quit and took a picture then send to us saying "this needs to be served by a sherrif". We have that pictire still. A called a cop on us claiming that "A was threatened to move out". Now we are on second attempt, and A tells us that "If you Fxxx me, then I will Fxxx you back". It is on Text message and saved it.

    (4) ---Probably should be under other category?- Other roommate C seemed to smoke marijuana in the house last night where we have 1 year old son, and could smell in the room where the baby was at. C claims that it is an incense. Supposedly C has a medical marijuana and C smokes regulary, but no way C can afford since C lost a job a month ago so C can't afford. Is there any laws that prohibits smoking within whatever the feet within a baby?

    Any advice will be appreciated!

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Tenant That's on Probation is Threatening Owner of the House -Cali

    First of all, A ripped 3 days or Quit and took a picture then send to us saying "this needs to be served by a sherrif".
    No, it doesn't.

    When is your court date to get A formally evicted? If you have not actually filed the relevant paperwork, DO SO NOW.
    A has 2 son and A does not have a custody of due to her financial unstableness and criminal back-ground. If eviction process would start through a court, would this eviction appear in her record and break A’s probation or getting a custody back will be even tougher?
    No. It isn't a crime to get evicted, and A's custodial status is none of your concern in any case.

    Is there any laws that prohibits smoking within whatever the feet within a baby?
    No. If you intended there to be no smoking, it should have been in the lease. Whether or not C can afford it is none of your concern.

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: Tenant That's on Probation is Threatening Owner of the House -Cali

    Thank you LawSearcherMissy!
    I wanted to give A a courtesy notice and tell A that "if A gets evicted, A will have hard time getting custody back so be civil and move out. "

    Receiving reply from someone makes me feel relieved. That makes me realize there is someone out there caring what is going on with my situation.
    Thank you again!

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