Harassment by Resident Manager

[Skep3196]

Jurisdiction

Hawaii

I have been repeatedly harassed by the Resident Manager of an apartment building that me and my girlfriend lives in since October, 2014. She is the only one that is on the rental lease.

I've been living and being her caretaker for her since January, 2015 all my mail comes to her address including the address on my drivers license since she as been diagnosed with having breast cancer in November of 2014.

The Resident Manager knew that I was there the whole time to help her with all her needs like Doctors appointments, chemotherapy, physical therapy, grocery shopping and so forth etc....

The Manager has been Harassing and Bullying me around for instance. 1) I'm not allowed to park my car in her assigned parking space. 2) Intimidating me in a physically aggressive manner "provoking a fight" 3) Yelling and using volger language 4) Making claims that I'm violating house rules "His Own Laws" saying that I'm not even a tenant. 5) Tells other tenants "Rumors" about me and my personal business which is unprofessional. 6) Entered our apartment without any notice or announcement by knocking or calling just opened our screen door and walked in without any justified reason while we was eating dinner and numerous other incidents.

I've told my girlfriend that this isn't right and should report him, but she refused to being afraid that she may get evicted and lose her apartment. I didn't know what rights I had? so I just let it go.

Currently a few nights ago I was parked in our assigned parking stall with her car hood just check fluids and such without any tools what so ever and he approached me from behind aggressively saying that I can't fix car on property and I wasn't.

Then he started taunted me to a physical confrontation I then walked away off property while he's yelling and telling me what he would do to me. I basically had enough and invited him off the property so he could show me.

He calls Police that came in minutes. They talked with him first then me, I explained to them what happen they told me "no worry" you can look at your car all you like! and left

Now I've been served by the Property Manager that I need to vacate my girlfriend apt in 10 days. I did keep a ledger of all incident fearing something like this would happen.

I don't know where to go from here or what to do to file a suite against him and anyone else that could be held responsible?

 

[adjusterjack]

There's a lot to cover.

First up is whether or not you are a tenant. I'm not a lawyer so I can't guarantee that I am right but I'm a former landlord and I know some stuff.

That the landlord accepted your presence since January could mean that he waived any right to consider you a guest or trespasser. However, since you are not a signatory to the lease, at best, you are tenant at will.

A tougher question is whether your tenancy is month to month or less than month to month. For a month to month tenancy Section 521-71 of the HI landlord tenant statute requires 45 days notice of termination. For less than month to month only 10 days notice is required. However, even if even your tenancy is deemed to be month to month there's another issue.

2015 Hawaii Revised Statutes :: TITLE 28. PROPERTY :: 521. Residential Landlord-Tenant Code :: 521-71 Termination of tenancy; landlord's remedies for holdover tenants.

No matter how you spin it, or what your perceived provocation was, you threatened the landlord with physical violence. That could give him grounds to give you 10 days notice in accordance with Section 521-72.

2015 Hawaii Revised Statutes :: TITLE 28. PROPERTY :: 521. Residential Landlord-Tenant Code :: 521-72 Landlord's remedies for improper use.

Should you choose to ignore the notice it's likely that the landlord will file for eviction in court and there is a real risk of him winning.

All of your complaints about him are not valid defenses to eviction because you had possible remedies to his behavior that you should have addressed according to law each and every time they occurred. I don't think piling them all up now is going to help against an eviction on the grounds of a threat of violence.

I suggest that you consult an attorney or tenants' rights organization in your area and review your options.

 

[Skep3196]

I have been repeatedly harassed by the Resident Manager of an apartment building that me and my girlfriend lives in since October, 2014. She is the only one that is on the rental lease.

I've been living and being her caretaker for her since January, 2015 all my mail comes to her address including the address on my drivers license since she as been diagnosed with having breast cancer in November of 2014.

The Resident Manager knew that I was there the whole time to help her with all her needs like Doctors appointments, chemotherapy, physical therapy, grocery shopping and so forth etc....

The Manager has been Harassing and Bullying me around for instance. 1) I'm not allowed to park my car in her assigned parking space. 2) Intimidating me in a physically aggressive manner "provoking a fight" 3) Yelling and using volger language 4) Making claims that I'm violating house rules "His Own Laws" saying that I'm not even a tenant. 5) Tells other tenants "Rumors" about me and my personal business which is unprofessional. 6) Entered our apartment without any notice or announcement by knocking or calling just opened our screen door and walked in without any justified reason while we was eating dinner and numerous other incidents.

I've told my girlfriend that this isn't right and should report him, but she refused to being afraid that she may get evicted and lose her apartment. I didn't know what rights I had? so I just let it go.

Currently a few nights ago I was parked in our assigned parking stall with her car hood just check fluids and such without any tools what so ever and he approached me from behind aggressively saying that I can't fix car on property and I wasn't.

Then he started taunted me to a physical confrontation I then walked away off property while he's yelling and telling me what he would do to me. I basically had enough and invited him off the property so he could show me.

He calls Police that came in minutes. They talked with him first then me, I explained to them what happen they told me "no worry" you can look at your car all you like! and left

Now I've been served by the Property Manager that I need to vacate my girlfriend apt in 10 days. I did keep a ledger of all incident fearing something like this would happen.

I don't know where to go from here or what to do to file a suite against him and anyone else that could be held responsible?

 

[Skep3196]

He is not Landlord rather a Resident Manager employed by a Management Co. He still enter her apartment without an invitation. What about her emotional distress

 

[army judge]

He is not Landlord rather a Resident Manager employed by a Management Co. He still enter her apartment without an invitation. What about her emotional distress

None of that matters,insofar as you and your current dilemma is concerned.

You have 10 days to voluntarily leave the premises.

If you chose to leave within that 10 day period, the matter ends.

If you choose to defy the request, you could face an eviction proceeding.

Legally, you have no right to live in the apartment.
If you believe you do, and an eviction proceeding is filed, you'll have to convince a judge you do.

But, why persist in this game of macho madness when someone you care about is fighting cancer?

Wouldn't it be easier to swallow your pride, apologize to the guy and ask if he'll forget the matter so you can get back to helping a very sick woman's life a little better?

After all, isn't SHE the reason you're there in the first place?

None of this helps her, does it?

 

[adjusterjack]

He is not Landlord rather a Resident Manager employed by a Management Co.

The definition of "landlord" includes those who act as agents for a property owner.

He still enter her apartment without an invitation. What about her emotional distress

She, not you, had a remedy for that WHEN IT HAPPENED.

2015 Hawaii Revised Statutes :: TITLE 28. PROPERTY :: 521. Residential Landlord-Tenant Code :: 521-73 Landlord's and tenant's remedies for abuse of access.

Has nothing to do with the issue you are facing now.