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Assault and Battery by landlord

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Popeye2000

Junior Member
What is the name of your state? Florida

I am a college student at UF, and unfortunately I cannot use the student legal services since this involves another UF student, and unfortunately being a student I cannot afford an attorney, so any advice would be helpful.

My landlord, is also a tenant in the home. On several occasions he has verbally assaulted both myself and the other sublessor living here, and the few occasions we have friends over he yells at and threatens them for various things. On one occasion he shoved me when I asked him to stop yelling and threatening my friends (I took no retalitory action). None of these actions were ever provoked, atleast in the sense of the ordinary reasonable person.

On top of all of this, he now refuses to sleep in his room so he now sleeps out on the couch in the common area (for over the last month). As such he has tried to regulate use of the common area such that noone can make any noise in the common area pretty much whenever he is in there (except when HE wants to watch TV or a movie, then its so loud that it disrupts the rest of us in our rooms), and has regulated the use of the television in the common area only when it benefits him. When we tell him he is being unreasonable, he tells us its his TV (or whatever else he is trying to regulate i.e. tables, grill, couch, HOUSE..etc.). There is no mention of the conduct in the common areas in the lease, nor does it say that he shall furnish the house.

Last night we had another altercation about use of the TV, and I finally said....if your TV is in the common area, and is only to be used under certain restrictions in the common area, then it belongs in your room... He immediately exploded into his normal tirade making threats, and inviting me to "settle it outside" with him a few times.

Both myself and the other tenant want to break lease and move elsewhere. The other tenant just recently had back surgery, and after the first altercation where the landlord shoved me (unprovoked), he pretty much decided to stay in his room when he is home to avoid conflict with the landlord/obsessive roommate for fear that he may cause serious injury while his back is still healing. We live in this home feeling trapped by the lease, but we do not want to live in this uninhabitable condition anymore, but do not want to give him the satisfaction of keeping our security deposit. I figure I could say he has constructively evicted us from the common area...but again I really cant afford an attorney, and want to find the best way out of this situation, and still regain my security deposit. The only think else I can think of is to actually goto the home owner (The troublesome roommate rented the house, and subleases to us) and tell him, but he is likely going to favor the renter since if we leave then he wont get the rent for his home.

Thanks in advance for any help and advice.

Max - Gainesville, FL
 


Cvillecpm

Senior Member
Yes - write the property owner and advise him/her that you will hold him/her responsible for any damage to you or your property as well as your security deposit AND in future you need to file police incident reports to document the actions of the "master" tenant....you should have been calling the police FROM THE FIRST INCIDENT and giving the property owner copies of the reports.
 

GatorLaw

Member
Free Legal Aid

Three Rivers Legal Service in Gainesville will be able to help you. You can contact them at 352-372-0519. If this is long distance, call toll-free to their Gainesville office at 1-800-372-0936. Here is their website: http://www.trls.org/

Sorry, I can't offer much else without reading the actual leases involved.
 

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