Im a landlord and senior citizen in ca. . i was collecting rent and a tenant committed assault and battery on me. sheriffs came wrote a report and called it assault and battery, the person who assaulted me wasn't around. Im afraid he will do it again. i don't live on the premise, what can i do to protect myself, and what should i do to the man who assaulted me.
You did right to phone the sheriff. Get someone to collect the future rent while you give a 30 days notice to get the tenant out.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Employment / Labor Attorney
If you cannot get rid of the tenant, you'll need a restraining order. You can also file a lawsuit for assault and batter, among potentially other claims - assuming you've suffered any bodily or emotional injuries. It may not be worth while if the tenant has no assets to collect on. But he/she may have an insurance policy to proceed again, or you can garnish wages should you get a judgment. You should consult an attorney to get more detailed information for your case. Feel free to contact us as well.
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