Sitting in house waiting to shoot someone...

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carmen fovozzo
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Sitting in house waiting to shoot someone...

Post by carmen fovozzo »

Had a guy that owns a rental in the area that his renters were just arrested.....multiple felony's.

Of course home is trashed..He has all there possessions in a storage locker......Does he need to keep it for them ?

Now for the kicker....The two x renters will be out in a few days and the owner of the home said he was going to stay at the empty house because he thinks they will come back and burn it down.

He said he will be armed....no CHL.....I as much told him you would most likely be in a lot of trouble if his x renters came back and he would have to use his gun...I also told him to talk to his attorney about the renters property......

I gave him a OFCC application to join.....

Home was used for drugs and prostitution....the renters were arrested for dumpster dumping.....go figure...

What would you advice this landlord to do.....I will see him again tomorrow.
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Re: Sitting in house waiting to shoot someone...

Post by docachna »

The two biggest problems I see right off:

1) until they're evicted, they still have a right to be in the property;

2) it's not his residence, so he may well still have a duty to retreat.

I would make sure the insurance premium is paid up, and let them do as they will. It's a house. It's not a person. If the neighbors can be convinced to ring him up if they return and start trouble, fine, but other than that, I think he's stuck until he can get them out legally.
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Re: Sitting in house waiting to shoot someone...

Post by Aesinsp »

Might heavily rely upon what's written into the lease..
Most formal lease agreements have clauses that if you break laws there, you have broken the lease agreement.
+1 on making sure ins policy is up to date.
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wkdravenna
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Re: Sitting in house waiting to shoot someone...

Post by wkdravenna »

This guy really unfortunately needs a lawyer. Shooting a person entering a place where you live is one thing. Your home, your cabin/vacation home. But he doesn't even live there he just owns it. Yes its still "his" home but its not "his home".

This could be bad for him. He should consult the local police and share his concerns with them.
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Bianchi?
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Re: Sitting in house waiting to shoot someone...

Post by Bianchi? »

Make sure the insurance is paid up on it, and the local polic know about the tenants. Do NOT *wait for them*. If they burn it down, whelp, that's what insurance is for.
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Re: Sitting in house waiting to shoot someone...

Post by Imcrazy »

There ain't not a one possession in the world worth risking your life like that to keep. Check with the insurance co to make sure his insurance is current and let the local LEO's know that he's worried they're gonna burn it down.....
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Re: Sitting in house waiting to shoot someone...

Post by Sevens »

If I owned a place where activity like that was NORMAL and routine for the neighborhood... I'd hand 'em a $20 tip to ensure it gets FULLY burned down to the ground.
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Re: Sitting in house waiting to shoot someone...

Post by sodbuster95 »

Lying in wait for them would be an exceptionally bad idea of epic proportions.
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Re: Sitting in house waiting to shoot someone...

Post by Werz »

sodbuster95 wrote:Lying in wait for them would be an exceptionally bad idea of epic proportions.
Well stated.
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wkdravenna
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Re: Sitting in house waiting to shoot someone...

Post by wkdravenna »

Not to mention a cheap camera system is only 400 bucksish.

All I know is if this ever really went down your freind can expect to spend some time in jail. I don't know if he would be convicted of anything but why would you ever want to spend any time in jail you didn't have to ?
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Re: Sitting in house waiting to shoot someone...

Post by evan price »

If the home owner/landlord has not filed and had the court rule on eviction proceedings it is the renters' home.
Period, end stop.
If someone lies in wait at a residence that is not their home intending to shoot someone who has a legal right to be there, it is called First Degree Murder.

I strongly advise you to make this point known and then stay the hell away from your friend. Other interesting legal phrases like "Accessory before/after the fact" also come to mind.
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Re: Sitting in house waiting to shoot someone...

Post by JediSkipdogg »

If the renters want back in their place the homeowner legally has to let them back in. He can't do anything until one of the three options below happens. If they want to bust out the window and move in, guess what, it's not burglary as that's their legal residence. And yes, my department dealt with that same thing a long time ago. Landlord called us daily on it but until we had eviction papers from the court, the landlord was just waisting money replacing door locks and windows.
Aesinsp wrote:Might heavily rely upon what's written into the lease..
Most formal lease agreements have clauses that if you break laws there, you have broken the lease agreement.
+1 on making sure ins policy is up to date.
That still doesn't mean they are booted out of the house. Once you start a rental, there are very few ways to get a person out of the residence...

1) They leave on their own and formally tell you they are moving out
2) The landlord refuses to renew at the end of the lease and gives 30 days notice. If there is no lease, then notice my be given based on the payment schedule. If they are paying weekly, they must be given 7 days, if paying monthly, they must be given 30 days notice.
3) If there is a lease in place, pretty much only the court can break said lease and order eviction. They are free to stay there till the end of the lease even without paying a dime and violating every section of the lease.
evan price wrote:If the home owner/landlord has not filed and had the court rule on eviction proceedings it is the renters' home.
Period, end stop.
If someone lies in wait at a residence that is not their home intending to shoot someone who has a legal right to be there, it is called First Degree Murder.

I strongly advise you to make this point known and then stay the hell away from your friend. Other interesting legal phrases like "Accessory before/after the fact" also come to mind.
Right on and it can even be taken as premeditated murder if the person sits in the house (not their legal residence) with a firearm waiting for the renters to come home.

I would agree with what others have said about checking that insurance policy and upping it if needed. Also any threats by the renters to do harm should be documented by the police or other non-disputable methods. Nothing like showing one doubled their insurance payout and the house burns down the same week. That'll just take years to get any payout on while the insurance thinks fraud and the police look at the homeowner as the prime suspect.
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Re: Sitting in house waiting to shoot someone...

Post by TJW815 »

Also, he "has all of there possessions in a storage locker".

So, he has illegally (presumably) entered a residence, removed someone's belonging (theft?) and now wants to sit and wait for them to come back with a gun (premeditation of murder, assault with a deadly weapon, attempted murder, etc).

Time for you to find some new friends that don't have a tenacity for committing felonies....

As said before, his best course of action is to make sure his insurance is valid, put the belongings back, and to begin eviction proceedings. Best that he stays as far away as possible.
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Re: Sitting in house waiting to shoot someone...

Post by carmen fovozzo »

evan price wrote:If the home owner/landlord has not filed and had the court rule on eviction proceedings it is the renters' home.
Period, end stop.
If someone lies in wait at a residence that is not their home intending to shoot someone who has a legal right to be there, it is called First Degree Murder.

I strongly advise you to make this point known and then stay the hell away from your friend. Other interesting legal phrases like "Accessory before/after the fact" also come to mind.
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carmen fovozzo
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Re: Sitting in house waiting to shoot someone...

Post by carmen fovozzo »

I will relay these posts to him....he seems like a nice family guy trying to make a buck that has no clue at how to be a landlord...Thanks...
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