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  1. #1
    Join Date
    May 2007
    Posts
    9

    Default Tenant Accused Landlord of Assault

    My question involves criminal law for the state of: Ohio

    My father is the president of a small real estate holdings corporation. It was started by my grandfather, and passed down to his children. The corporation owns several industrial properties. One of those properties is currently being leased to a small buisiness. That small business has one empoyee- the owner.

    The small buisness owner has been leasing the property for several years, but has always been late on his rent. Because my dad is nice, I guess, he let the tenant pay his rent late. The worse it has gotten is 4 months late, but until now he has always caught up (though he's never been less than 3 weeks late at any time).

    Four months ago the tenant was late on his natural gas bill, and the gas company shut off his gas. The tenant cut the lock on the meter and turned it back on. The gas company removed the meter and capped the gas line. The tenant then dug under the ground and found the main where the pipe was coming in and tapped into it on his own. A month later the gas company put two and two together and realized they were missing some gas. They found his handiwork and shut the gas off to the entire building complex (there are six tenants other than this person who rent industrial space at the complex). Naturally the other tenents were alarmed, and the police were called. The trouble tenant denied doing it, and since there was no proof that he did, the police didn't press charges. The gas company dug up the line and moved it to the other side of the property (surpisingly, they didn't charge my dad's corporation for it).

    Two months ago a propane supplier showed up and installed a large propane tank just outside the tenant's building. They piped it into their shop. A month later, the gas was empty, and they refilled the tank. A day after that, the propane guy put a lock on his tank because of non-payment of the first month. After a month, the propane guy came back to find that his lock had been removed and his tank was empty.

    After all of the issues, my dad and his brother and sisters who own the corporation decided to begin eviction proceedings against the tenant. The signed lease says that any corporate officer (my dad or his siblings) can enter any of the buildings on the property with no notice during normal buisiness hours (0900 - 0500). The lease was signed by both my dad and the tenant. Dad's lawyer told him that he should enter the property and take pictures of the building before he lets the tenant know that they are going to evict him.

    Dad walked into the building yesterday at around 1:00 PM. The tenant was there. Dad told the tenant that he was going to take some pictures. The tenant said that he was not allowed in and had to give 24 hours notice. Dad said, no, you signed a lease stating that I can come in at any time during normal business hours. The tenant argued that he needed 24 hours notice. Dad said he was going to take picutures whether the tenant liked it or not. He then started taking photos.

    The tenant dissapeared for a few minutes and then came back. He had two friends with him, but they were in the next room and turned around facing away. Dad thought it was pretty odd, but the friends stood there by the door turned away. The tenant then walked up to dad and put his finger in his nose and said "You aren't taking any pictures without 24 hours notice." He then fell on the floor. Dad was stunned. He then moaned, "oh, Richard (my dad's name), why did you break my wrist. Oh oh, help me! Help me please!" Oddly, the friends didn't move. Dad was dumbfounded and just stood there. After 20 seconds or so the tenant threatened to call the police if dad didn't leave. Dad said goo, call them. The tenant then called to his friends and told them to call 911. He got up and walked out of the room. Dad stayed there and started taking pictures again.

    About 10 minutes later the police arrived with lights and sirens. They came in but not where my dad was. Dad continued taking pictures. Ten minutes later a female police officer came into the room with my dad and asked him why he assaulted the tenant. Dad told her he didn't touch the tenant. A second officer appeared in the room with the tenant who was holding his wrist and wincing in pain. The female officer told dad she wanted to talk to him. Dad said he didn't want to talk in front of the tenant, and told her that they could talk accross the street at his office. She said that was fine, and for dad to wait for her there.

    An hour later, the police woman crossed the street toward dad's office. She flipped her handcuffs around so that they were open, which alarmed my dad. The officer came inside and again asked dad why he had assaulted the tenant. He repeated that he didn't touch him. She was snotty and abrasive at first, but she let him tell his side of the story. After he was done, she was nicer, and put her cuffs away. She told him that she intended to arrest him, but after haering his story, she wasn't going to do anything. Instead she would leave it up to the prosecuting attorney. She then left.

    Dad is 70, and the tenant is 35. The most trouble Dad has ever been in in his life was a few speeding tickets 50 years ago. Dad was up all night last night worried that he was going to be arrested the next day. When he went to work the next day, two police cars pulled up to the tenant's building and went inside for about 20 minutes. Dad was alarmed, to say the least, and called his attorney for advice, etc. The police emerged from the building and drove away.

    At 3:00 this afternoon, a person from the police department called to ask what his birthdate was (the officer had forgotten to get his birthdate on her report). He told them, and then asked what the status was. She said case closed, no charges. He then asked to talk to the female officer. The female officer got on the line and said that she and the prosecutor believed him over the tenant, and the case was closed.


    Now, after that long story, does my dad have any recourse? He is very upset, to say the least. Should he let the tenant get away with what he did? Should he file charges? Can he file charges? Is this a criminal offense? Should he just let it go and evict the guy? It doesn't seem right that the guy could do such a thing and get away with it.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Any Recourse for False Claim

    I strongly recommend that your Dad have his lawyer proceed with eviction.

    That's his best "recourse" against the tenant.

    Anything else will be a waste of time and money and will only get him more grief and aggravation.

    It's unfortunate that the tenant is a real scumbag but your Dad should not be going back to the premises without witnesses, preferably not at all.

    He's just going to have to do what needs to be done to get the tenant out and then move on.

  3. #3
    Join Date
    May 2007
    Posts
    9

    Default Re: Any Recourse for False Claim

    Thank you for the reply. He is definately going ahead with the eviction. In fact, his lawyer said that due to circumstance, he may convice the court to expidite it and have the tenant out by end of buisiness this coming Monday! It would be nice if he got a little justice, however. Dad was taking his photos with his Iphone, so I told him the next time any tenant approached him, or he approached them, turn the phone to movie mode and hit record...

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