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How to prevent an uncertain, but still plausible serious threat from coming true?

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Skyler13

Member
I'm in Boston, MA. Although this situation is related to the Tenant/landlord issues, but my question is closer to "Libel category".

My former roommate (supposed to be a 6-week subletter, but stayed 3+ weeks) may not be able to fully carry out his threat, but could still cause either a large financial loss or a major disruption in my life.

He wrote that he can get the landlord to evict me. Although it seems unlikely, it still affects my mind. After imagining it, my blood pressure goes up, my stomach pains come back, and this thought distracts me from other important tasks.

Below is maybe too long background while my own actions and the related questions are at the very end.
~~~~
I am the main leaseholder of the apartment, always paid the rent on time and take a good care of it. I'd like to live here long. But it is expensive and difficult for me to pay. I was subletting rooms when other family members are away. My lease allows adding another tenant upon approval of his/her rental application, but it is not practical for a couple months. I and my spouse are the only responsible long-term tenants.

This person came for studies from another country with a different culture. He did not pay the entire agreed upon originally amount of "move in costs" but promised to pay in smaller installments. He did (in cash), but not fully. He arrived when thousands of students leave for winter break, graduating, etc. There was little chance of finding someone else, so I agreed. He also suggested a buddy for only 3 weeks, which was convenient, until my son returned. But his PayPal eChaeck (never heard of it before) kept bouncing and was finally declined. "The buddy" promised to bring cash, but eventually left.

Soon afterward the first guy wrote he also had moved out and asked for a refund. He took all his stuff, but his buddy's bags stayed in his room.

But I consider it unfair, I wouldn't let strangers into my home and share the bathroom, etc. if I had lots of money. I need it to pay rent, heating bills, etc.

The (first) guy disputed his PayPal payment because "he never received the item". This put my account into a negative balance. PayPal demanded that I transfer additional funds or provide a confirmation that the item was shipped to his Mexican address. I wrote that I'm not a merchant, this is a roommate dispute. It's for a small claims court, not for them. But the negative balance remains.
~~~~
The above are minor issues compared to the major threat. I don't know how this guy got the landlord's cell phone number, probably from the neighbors. I didn't know it myself until now. I moved in 2 years ago and things have changed since then.

He says that I'm violating the lease by renting out rooms without the landlord's permission. Therefore, I should return the money. He's never seen the lease, but I mentioned at the beginning that it's needed for the long term.

It would not result in eviction, but could be an obstacle to renewal (coming up soon). Or the rent goes up a lot, forcing me to move out. I spent several hundred hours if not over a thousand on finding/securing the apartment, moving in with all my belongings, and setting it up. To do that again would be a major disruption in my life.

This guy did not pay in full, did not participate in the upkeep of the apartment during his stay, is "wrestling" for his first partial payment, and feels that could get more. It seems he liked the outcome for another guy and wants to take advantage of my vulnerability.

I'm strongly against giving money to those who blackmail/extort. It may not help me, because he can ask for more. He may have already contacted the landlord if he actually got his contacts (hopefully not).

In addition, he has called dozens of times (from his Mexican number, so it's hard to call back), has come and rung our very loud doorbell dozens of times at odd hours, important expected mail was missing.

I have filed a police report and will get a restraining order from the court. But I don't know how to serve it, he didn't leave an address.

What do other people think? The most helpful would be the specific wording in the Complaint for Protection from Harassment. I already filled most parts of it.

I would like the court order to specifically state that further actions aimed at harming me, are not allowed. It could be written in one, at most two sentences.
 
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quincy

Senior Member
I'm in Boston, MA. Although this situation is related to the Tenant/landlord issues, but my question is closer to "Libel category".

My former roommate (supposed to be a 6-week subletter, but stayed ) may not be able to fully carry out his threat, but could still cause either a large financial loss or a major disruption in my life.

He wrote that he can get the landlord to evict me. Although it seems unlikely, it still affects my mind. After imagining it, my blood pressure goes up, my stomach pains come back, and this thought distracts me from other important tasks.

Below is maybe too long background while my own actions and the related questions are at the very end.
~~~~
I am the main leaseholder of the apartment, always paid the rent on time and take a good care of it. I'd like to live here long. But it is expensive and difficult for me to pay. I was subletting rooms when other family members are away. My lease allows adding another tenant upon approval of his/her rental application, but it is not practical for a couple months. I and my spouse are the only responsible long-term tenants.

This person came for studies from another country with a different culture. He did not pay the entire agreed upon originally amount of "move in costs" but promised to pay in smaller installments. He did (in cash), but not fully. He arrived when thousands of students leave for winter break, graduating, etc. There was little chance of finding someone else, so I agreed. He also suggested a buddy for only 3 weeks, which was convenient, until my son returned. But his PayPal eChaeck (never heard of it before) kept bouncing and was finally declined. "The buddy" promised to bring cash, but eventually left.

Soon afterward the first guy wrote he also had moved out and asked for a refund. He took all his stuff, but his buddy's bags stayed in his room.

But I consider it unfair, I wouldn't let strangers into my home and share the bathroom, etc. if I had lots of money. I need it to pay rent, heating bills, etc.

The (first) guy disputed his PayPal payment because "he never received the item". This put my account into a negative balance. PayPal demanded that I transfer additional funds or provide a confirmation that the item was shipped to his Mexican address. I wrote that I'm not a merchant, this is a roommate dispute. It's for a small claims court, not for them. But the negative balance remains.
~~~~
The above are minor issues compared to the major threat. I don't know how this guy got the landlord's cell phone number, probably from the neighbors. I didn't know it myself until now. I moved in 2 years ago and things have changed since then.

He says that I'm violating the lease by renting out rooms without the landlord's permission. Therefore, I should return the money. He's never seen the lease, but I mentioned at the beginning that it's needed for the long term.

It would not result in eviction, but could be an obstacle to renewal (coming up soon). Or the rent goes up a lot, forcing me to move out. I spent several hundred hours if not over a thousand on finding/securing the apartment, moving in with all my belongings, and setting it up. To do that again would be a major disruption in my life.

This guy did not pay in full, did not participate in the upkeep of the apartment during his stay, is "wrestling" for his first partial payment, and feels that could get more. It seems he liked the outcome for another guy and wants to take advantage of my vulnerability.

I'm strongly against giving money to those who blackmail/extort. It may not help me, because he can ask for more. He may have already contacted the landlord if he actually got his contacts (hopefully not).

In addition, he has called dozens of times (from his Mexican number, so it's hard to call back), has come and rung our very loud doorbell dozens of times at odd hours, important expected mail was missing.

I have filed a police report and will get a restraining order from the court. But I don't know how to serve it, he didn't leave an address.

What do other people think? The most helpful would be the specific wording in the Complaint for Protection from Harassment.
First, nothing you have said appears to have anything to do with defamation.

Second, no one on this forum can assist you in writing a complaint. That exceeds the scope of this forum. If you need help writing out your complaint, you should seek out an attorney licensed to practice in your area. Perhaps you could ask for assistance at a legal aid clinic in or around Boston. Try calling Harvard’s legal aid clinic.

It is too bad that you violated the terms of your lease by inviting tenants into the rental without permission from your landlord. If the tenant(s) had to fill out a rental application and be approved by the landlord after a credit check, you probably wouldn’t be in this position or you would, at any rate, be in a better position than you are now.
 
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not2cleverRed

Obvious Observer
This person came for studies from another country with a different culture. He did not pay the entire agreed upon originally amount of "move in costs" but promised to pay in smaller installments. He did (in cash), but not fully.

The (first) guy disputed his PayPal payment because "he never received the item". This put my account into a negative balance. PayPal demanded that I transfer additional funds or provide a confirmation that the item was shipped to his Mexican address. I wrote that I'm not a merchant, this is a roommate dispute. It's for a small claims court, not for them. But the negative balance remains.

Hm...

Just start responding to his threats with clips of Vanilla Ice's "Ice Ice Baby":

(Which has nothing to do with Immigration and Customs Enforcement, since the song predates the creation of the agency.)

Fight extortion threats with implied threats that could actually have legal weight. Because, you know, "good moral character" is not something that he and his associates have been displaying, and those here on a student visa (or related visas, eg J visa or O visa) should be aware of that.

Going forward: have an open discussion with your LL about the issue, and make sure that your LL is satisfied with your attempts to abide by the lease. That way, you are more credible than the dirtbag trying to smear you. Study up on what a good subletting agreement should look like, and in the future have ALL AGREEMENTS in writing. Demand all move in costs/deposits be paid in full before they move in a single item. As you have seen, those who cannot make their deposit in full are more likely to continue to not have money for rent.

Aside: how did Vanilla Ice ever get a career? So cring.
 
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zddoodah

Active Member
There's way too much unnecessary detail in there, and I'm not really sure what your question is. As best as I can understand the story, you and a subtenant have a dispute over whether or not you should return certain unstated amounts of rent. Your former subtenant's recourse for that is to sue (probably in small claims court). There's nothing you can do to prevent him from contacting your landlord, so I hope that everything you did conforms to the lease.

If you have a clearer question, please concisely summarize the relevant facts and ask the question.
 

quincy

Senior Member
Skylar13, here is a link to information on filing a complaint for harassment:
https://www.mass.gov/harassment-prevention-orders

Because you have been struggling to pay the rent on your own, you might want to consider moving to a more affordable apartment. I know moving is a hassle but it might be better for you in the long run. Having random people moving in and out of your place is probably not the best - or safest - way to operate.
 

quincy

Senior Member
That's an incredibly tall order in the Boston area.
Outside the cities of Boston and Cambridge there are apartments that are comparable in cost to those in my area of Michigan but I agrew that college and university towns are not exactly known for inexpensive housing. My rentals are on the low end but still each typically will house four to six students which brings down the cost for each student.

If Skylar really needs to rent with others to afford a rental, he should get permission from the landlord to sublet and the subletters should be screened carefully. What he has experienced with the strangers he invited into his place is not all that surprising.
 

Skyler13

Member
If you have a clearer question, please concisely summarize the relevant facts and ask the question.
Most helpful to me would be the wording (one, at most two sentences) in the Complaint for Protection from Harassment, which I haven't filed yet.

The young troublemaker, who came from Latin America to study, stayed in the apartment a little over 3 instead of agreed in written 6 weeks. He believes he is so smart and he can get a "free ride". He is indeed very capable of causing stress. It's a matter of several hundred $s. I have paid ~$70K in rent during 1.5+ yrs.

He thinks that I'm vulnerable, that he could hurt me by contacting the landlord, and therefore I should pay. But I will not pay, it is against my beliefs. Also, it may not help for more than one reason.

He believes that he is "protected", because I don't know his new address. I know that he is nearby and I can find on the web the contact info for his department's administration, the university's International Office, and even of his academic advisor. I gathered some information before I let him in, and can find more based on that. It is not what I want to do, but it can be done.

If he violates the court protection order, I can report it to the police again. The accumulation of police reports, the court order (which is public record) may affect his ability to extend his student visa or to enter to the US next time.

So, I would like the court order to specifically state that further actions aimed at harming me, are not allowed. Could it be worded in one sentence?
 
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Skyler13

Member
First, nothing you have said appears to have anything to do with defamation.
Second, no one on this forum can assist you in writing a complaint.
I'd like to thank you for sharing your thoughts! I could not find another, better category, which covers my situation.
I already filled most parts of the the Complaint for Protection from Harassment.
I would like the court order to specifically state that further actions aimed at harming me, are not allowed. It could be written in one, at most two sentences. People already wrote several dozen sentences here in their comments. I really appreciate all the feedback from the community.
 

Just Blue

Senior Member
I'd like to thank you for sharing your thoughts! I could not find another, better category, which covers my situation.
I already filled most parts of the the Complaint for Protection from Harassment.
I would like the court order to specifically state that further actions aimed at harming me, are not allowed. It could be written in one, at most two sentences. People already wrote several dozen sentences here in their comments. I really appreciate all the feedback from the community.
People offered general guidance. We cannot tell you how to word something as that would be unauthorized practice of law. You would need a local attorney to help you with that.
 

quincy

Senior Member
Follow instructions on the complaint form, accessible in the link I provided earlier. We cannot advise you on what to write. Sorry. You will need to find an attorney in your area if you need personal assistance filling out the form.

Here is a link you can use to find legal assistance:

https://www.mass.gov/info-details/finding-legal-assistance

Please know that you cannot prevent your former tenant from contacting your landlord. You also cannot prevent the landlord from taking adverse action against you for violating the terms of your lease.

Good luck.
 

not2cleverRed

Obvious Observer
He believes that he is "protected", because I don't know his new address. I know that he is nearby and I can find on the web the contact info for his department's administration, the university's International Office, and even of his academic advisor. I gathered some information before I let him in, and can find more based on that. It is not what I want to do, but it can be done.

Don't bother the academic advisor. Maybe the dept. head, to give them a heads up, but this really isn't within their purview. The university's ombudsman might be helpful.

I gotta tell you, this guy probably has the same attitude in his studies, because he's arrogant. As in, he probably has similar justifications for plagiarism and cheating, when caught.

And this could be his weakness. Because there is a move by the current administration to be more strict about enforcing requirements for student visas.
 

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