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  1. #61
    >The Implying
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    Here in CA, I was able to break a lease with only three days notice myself. The story: roommate's dad and I got into an altercation (dumb shit, but w/e) and the police were called. Because the couple I was sharing an apartment with painted me as the "bad guy", the police advised them that if they wanted me out of the apartment, that they should file a restraining order against me. I used that little tidbit of info as grounds for breaking my lease with the landlord, who 100% agreed and didn't want to get involved in legal shit - she signed forms releasing me from the lease contract. I left the apartment within three days, and when the roommates got back from a weekend away, they returned to find all my shit gone and themselves responsible for all the rent that was due in a week.

    Anyway OP, if your sister is on a shared lease, see if you can work it so that your sister is removed from the lease, but only her since you can't speak for her crazy ex. Meanwhile, get your shit, your sister and her kids, and get the fuck out. A copy of the police records that you already have will be more than enough to compel the landlord to let you go.

    1. Present dox to landlord.
    2. Move out, get safe.
    3. Have her file a permanent restraining order against him.
    4. Profit at a new place wile he's stuck with the bills of the old.
    5. Your sister should be parking in places with high visibility regardless of company policy.
    6. Consult a family law lawyer to tie up loose ends.
    7. In case he finds out where the new place is, lol heartily as you pump bullets into his heart Castle Doctrine style.

  2. #62
    >The Implying
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    Also, being able to live in safety supercedes legal protocol, and any judge or lawyer would acknowledge this to be true. Give it up Mojo.

  3. #63
    Hydra
    Join Date
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    OP is not dead... lol

    I haven't had much of a chance to speak with my sister as we have conflicting work schedules but when I did speak to her for a brief moment today I recommended to her that she sees a lawyer and attempts to renew the restraining order. The problem is that she is stubborn, she doesn't want to uproot her kids and move them when she shouldn't have to, which I totally understand. More to the point neither of us can afford to move at the moment, so she really doesn't consider it an option.

    After some research I found that he is not legally allowed to just remove me from the home either. He has to provide a written eviction notice from the owner of the home, at which time I will have 30 days to vacate. This can also be fought and dragged out to much longer than 30 days, which I totally intend to do. He won't be moving back in here any time soon, or he will and he may just die of CO poisoning or something. I just have to watch myself, as I'm sure he will come here and attempt to provoke a confrontation that will have me forcibly removed, but I'm not that stupid.

  4. #64
    Pandemonium
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    Quote Originally Posted by Anso View Post
    I haven't had much of a chance to speak with my sister as we have conflicting work schedules but when I did speak to her for a brief moment today I recommended to her that she sees a lawyer and attempts to renew the restraining order. The problem is that she is stubborn, she doesn't want to uproot her kids and move them when she shouldn't have to, which I totally understand.
    Yeah, it's cool. Nothing wrong with living in a place where a crazy man who doesn't appear to be above murder can easily head over and find you. That's how you keep the kids happy.

    Well, hope he does something to get arrested someday. If you and your sister have conflicting work schedules (meaning that she's there plenty of times when you're not), I don't see this ending well. Who knows, though? Maybe the psycho will get bored with pursuing the woman who "loves him and doesn't know it" and his child. Those don't sound like things he'd care about for long.

    I'd guess you don't have anyone who can house you, which is unfortunate.

    Quote Originally Posted by Anso
    After some research I found that he is not legally allowed to just remove me from the home either. He has to provide a written eviction notice from the owner of the home, at which time I will have 30 days to vacate. This can also be fought and dragged out to much longer than 30 days, which I totally intend to do.
    What? Why would you do that? He physically assaulted your sister and was put in jail for it. You can get him removed from the lease. If you missed that, I suggest going back in this thread and reading it. If you do that, he will never have any rights in relation to that apartment ever again.

    By leaving him on the lease, you're giving him all sorts of privileges. For one, he can have the locks changed, legally. Most management companies will accept a fee for this, and then they'll do it for you. You cannot change the locks without your landlord/management's consent, and at some properties they change the locks themselves, hence my stating that he may be able to literally have them come and do it. There would be nothing illegal about him doing that if it's in your lease.

    Secondly, is your community gated? Do you have, say, a parking enclosure clicker to get through the gate? He can buy another one of those, too. He can get all of these things easily and legally so long as he's on the lease. Why would you want to make that easy for him? Get him off the lease.

    Quote Originally Posted by Anso
    He won't be moving back in here any time soon, or he will and he may just die of CO poisoning or something. I just have to watch myself, as I'm sure he will come here and attempt to provoke a confrontation that will have me forcibly removed, but I'm not that stupid.
    If he's taken off the lease, and he comes back to the apartment property at all, you can call the police, explain the situation, and have him hauled away. This is even before you get a restraining order extension (which you should do ASAP), as he'll be trespassing. The only people allowed in places like that are tenants or their authorized guests. Unauthorized guest? Trespasser.

    EDIT: Also, when you do speak with her, clarify whether he's the legally registered father of her child or not according to the aforementioned criteria. If he isn't, and you eventually do decide to get the fuck out (which I hope you do, as I could never, ever condone staying put in these conditions), you can do it without worrying about a thing.

  5. #65
    Hydra
    Join Date
    Sep 2010
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    I did miss the part about removing him from the lease. I know it's a bad situation and I know she should leave but I can't make her, and if she isn't going to leave then neither am I if I can help it. I will discuss this with her and hopefully her lawyer should she finally decide to go see one. Thanks for the advice guys I really appreciate it, I do so love these forums!

  6. #66
    Wesley Crusher 4 Lyfe!
    Skywalker's Severed Hand

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    Have him hold a laptop then call Tommy Jordan.

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