Apartment complex Maintenance man threatened to evict me.

[MikeL1791]

Ohio.

I had an argument and altercation with the head of maintenance for our apartment complex.
The maintenance man claimed that he has three complaints against me, none of which I have received and when he began throwing accusations and saying I'm being a disturbance I decided to record it on my phone. To which he claims that he is going to serve me with a three-day notice to evict. He then called the police as I began to record the altercation.
The police came and were told I had weapons, I was then searched and they found nothing and just told me to go back into my apartment for the night.

This morning I contacted the property manager and she will investigate on Monday but up until then had no complaints against me.

My question is, can a maintenance person for a complex legally evict me. Furthermore, if they have complaints against me, why would I not be informed of them?

 

[xylene]

Where did this happen if not in your apartment?

You need to work on your approaches to de-escalation.

COURTS evict people.

It is possible you landlord will persue eviction based on your maintenace guy's claims.

What exactlt is the nature of these alleged compliants? Is there any truth to them (You not knowing of them is a different issue)

Who told the police you were armed?

 

[FarmerJ]

SO you are clear NO one but a court has the authority to order up a eviction or have someone evicted. Maintenance , if his supervisor allowed him to sign notices to quit then that's between his supervisor and him but Notices to quit are about correcting a problem or in some situations telling a tenant one way to fix a problem we have with you or each other is if you move out first. SO if a landlord has a tenant who has not paid rent and sends them a notice to quit if the tenant does move out then LL cant file with the courts to evict based on non payment , the LL could still sue for the unpaid rent but there would be zero record of a actual eviction thru the courts. AS to reasons for notices to quit and proofs if its something other than non payment then it can take a lot more proofs to get a tenant out. Like if a LL claims a tenant causes too much disturbance with noise complaints they are going to need police report copies to help prove a claim other wise all they have is he said she said wars and nothing to back it up. Do know that management could refuse to renew your lease in the end.

 

[MikeL1791]

This is the first instance i've ever had any trouble. I'm very busy and not here during the week so it was a surprise that he is claiming this.

The first complaint is that I was smoking marijuana outside in the common area. Which is simply not true for a multitude of reasons.
Second is a noise complaint. I mean maybe, I have two kids but were on the bottom floor.
The third complaint was that our dog is barking. Our dog is a service dog and goes with my son to the sitters. This is all week but i'm not sure if that is true or not.

This all took place outside of my building. He had told the operator I possibly have a weapon on me, but I was only there to talk.

Again the property manager stated in an email that I have no complaints against me at this time.

 

[FarmerJ]

Pot smoking complaint , ( think of the old lady who used to say wheres the beef for Wen _ _ s commercial ) and practice saying wheres the police report ? , Noise complaint wheres the police report? Dog barking wheres the police report since your city likely has a dog barking noise ord that may even spell out how many barks per x = violation of the law. As to your son and the dog being a service dog I suggest you use the links above and arrange to speak to a attorney who can advise you as to any possible ADA rights your tenancy would be covered by so you are more informed.

 

[Taxing Matters]

Pot smoking complaint , ( think of the old lady who used to say wheres the beef for Wen _ _ s commercial ) and practice saying wheres the police report ? , Noise complaint wheres the police report? Dog barking wheres the police report since your city likely has a dog barking noise ord that may even spell out how many barks per x = violation of the law.

Complaints don't have to be to the police to amount to a breach of the lease. Complaints by other tenants to the landlord can also serve as a basis for a landlord to evict, depending on the terms of the lease. Of course, complaints to the police would be a bit more compelling, though.

As to your son and the dog being a service dog I suggest you use the links above and arrange to speak to a attorney who can advise you as to any possible ADA rights you tenancy would be covered by so you are more informed.

Just as a point of clarification, it is not the ADA that applies to landlord-tenant situations but rather the federal Fair Housing Act (FHA). It too prohibits discrimination based on disability, but the protections are bit different, especially when it comes to assistance animals. The FHA is more inclusive of the types of animals that are protected than the ADA. For example, the ADA does not generally cover emotional support animals, but the FHA does.

 

[FarmerJ]

Complaints that are from other tenants with out the back up of police reports are at best a lot harder to prove because the LL would need ALOT more incidents to offer to a court with some kinds of records to help back it up where as police reports would be taken more seriously by a court. Working in group homes we are more familiar with ADA BUT to talk to a attorney about it could be well worth it in order to be truly informed.