txtransplant
Lil-Rokslider
Thanks, @fmyth. The three of us were all working in property management at the time. I've managed properties and teams of property managers in three different states. I had a pretty good handle on tenant-landlord law in that state at the time - on account of the fact that I managed a team of four property managers overseeing ~1500 homes at the time.I wouldn't bet my life and freedom on that. I have ordered and supervised hundreds of evictions. You'd be shocked to learn how little it takes to be considered a "resident". Any evidence including personal property, mail delivered to that address etc could be enough for law enforcement to consider someone a resident and require a court ordered eviction. I once had a homeless person move into a vacant home the same day as the new buyers closed escrow. They were surprised when they showed up with their moving truck and found the locks were changed, real estate sign gone and someone living in their new home. I tried to have him removed by the local PD but was unsuccessful and had to go through the months long eviction process. Just because someone is not on the lease or deed does not mean they have not established "residence".
This dude absolutely would not have passed muster for having any legal right to access the property at the objection of the tenant. Furthermore, he committed not one but TWO felonies before charging at me. Additionally, he was about 6 feet from me when he charged. I recommend reading about the 21 foot rule if you're not already familiar.
I'm going to go ahead and tune out the rest of the replies here since some y'all archair legal experts have it all figured out.
Edit to add:
1. If he had possession of the property, he would have had keys. He wouldn’t have had to break in.
2. I was invited into the property by the person we knew DID have legal possession. That person repeatedly told homeboy to leave. I was never asked to leave by anyone - including homeboy. If he was on the lease, don’t you think HE would have told ME to leave, and called the cops himself?
3. Possession of the property and legal right to occupy it is irrelevant. Even if he did have possession - which he didn’t - I was legally on the property as well. He instigated the shouting, aggression, violence, all of it. HE charged ME. I was the defender. If you invite me into your home and then threaten to kill me, I have a legal right to defend myself. Just because someone has possession and/or ownership of a property doesn’t give them the right to murder guests.
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