Eviction

We received an eviction notice. My common law husbands mother's name is on the lease. They are evicting for several different reasons. A) that my husband is not an occupant B) that he entered the apartment of two young girls without permission - tresspass C) that he criminally assaulted someone on property and D) loud obnoxious behavior. He denies all allegations but I can say that he has been loud and obnoxious - he is an alcoholic. My question is this if these things happened why were the police not involved? If charges were brought against him can they arrest him when he goes to court for the eviction on Monday? To say that he criminally assaulted someone don't charges have to be filed? Thank you for your assistance.

The police were not involved maybe because no one called them. They may or may not arrest him.

Not an attorney but am a landlord. I am not sure you are using the right terminoligy. When you say you got an eviction notice. Were you served by law enforcement or certified mail to appear in court? Did the landlord take eviction action by writing you a letter without the courts involved? I am assuming you were summoned to court because you spoke of court. This would be a civil case. Charges could be filed if blatant evidence is presented then the judge should have discretion to order an arrest, though not commonly done.

The statement that the son and yourself are living in the apartment would not stick unless a lease was signed by her and the content of that lease says that no one else can move in, then you would be in violation of the lease.

The trespass of entering the other apartment is a statement that would have to be backed up by evidence such as afidavits from others or eye witnesses, otherwise it would be your word against his. Reputation of all parties involved may step in here on a judgement call by the judge.

The same goes as above for the accustion of assault and the obnoxious behavior.

This sounds touch and go. If the landlord backs up his accustions then its a hard luck story for you maybe

Good luck

Wg