30 Day eviction notice. Cops called on me

in #parents7 years ago (edited)

For waking up and saying "fuck off" when they woke me up complaining about laundry my GF had in the dryer or washing machine I forget which(she was about to arrive in 5min to the house and she could finish whatever she was doing no need to wake me up i was exhausted plus idk what of hers not to dry etc etc They woke me up at 11PM this tells you how early i went to sleep and how tired i was). They threw my wet clothes on the floor. physically attacked me then called the cops. I am obviously completely innocent because the police informed them while they could kick my GF out they had to give me 30 days eviction notice. The cops were nice despite not wanting their picture taken even though I have a legal right to film them. I didn't press the issue because I had decided on a tact before they showed up. I decided to treat the police (Two white guys). Like Human beings, not agents of the state sent to murder me. Of-course if they had ill intent this wouldn't have helped me but like 90% of cops they didn't have any ill intent. Obviously had I hit my parents or done anything crazy Id probably be dead or in jail right now but... once again I am not. In my whole life the only people to ever call the cops on me have been my parents. I have no criminal record....Such abuse.

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I can't speak with 100% certainty without knowing what state you're in and without knowing if youve reached the age of majority, but i suspect what the cops told you was just to calm everyone down.

Typically,

It is not a "30 day eviction notice". The only one who can decide youre being evicted is a judge.

If you got served with anything, it was most likely a a 30-day notice for termination without cause. That is to say, you haven't done anything wrong, but your landlord has decided that he no longer wants you as a tenant. This notice does not mean that you are being evicted.

It is a notice that you have 30 days to file a response, usually called a "tenant's answer", and usually in a lower court called a magistrate court or a justice court, contesting the the landlords request for an eviction. After that 30 days, the landlord can go to the court and ask a judge to order an eviction, which the judge can grant and send to the constable, who will come and escort you out.

If you file a response, they'll set a court date, which will usually be around the 30 day mark. What typically happens at the hearing varies from judge to judge, and depends on individual circumstances. If youre living there rent-free, and its your parents and you're an adult, a typical outcome is that the judge might say you have to leave immediately, or might give you some varying amount of time to find your own place.

That said, unless you got a piece of paper, it wasn't anything at all. Im skeptical that they actually served you with a notice, because police usually don't do that (its usually the constable or the sherrif, depending on what they call them where you live or a private proccess server)

As to your GF, if she lived there with you, she has as much tenancy right as you do. Regardless, the police can't throw her out. If you're a tenant, you have every right to have a guest in the home. Neither you or your guests can be trespassed off the property by the police. You have to be removed by (usually) a constable who can only act on an eviction order issued by a judge.

Most jurisdictions have a motion you can file if you live somewhere and the landlord has trespassed you or your guests off.

Its very likely that the police wrote this up as a civil standby. What that means is that they got called into a situation where there were a bunch of people who were pissed at each other, and they stood by and made sure you guys didnt start kicking one anothers asses.

Step 1 is to immediately go get the police report, if they filled one out. Usually you can do this at the local substation.

Step 2 is to file a tenants answer, even if you're not 100% certain that you have been served, and even if you're not 100% certain that you want to stay. This preserves your right to have a hearing in case they try to say they served you verbally or something. Basically, it means that there is no way the constable can show up at your door and escort you out without you going in front of a judge first. OTOH, if youre parents decide to fudge the service, they can go to the court tomorrow and say "we gave him his 30 day notice 30 days ago, now we want you to file an order."

3 sidenotes:

  1. The above is what you would do if you want to stay. Im not really super sure thats a good idea.

  2. When i did criminal defense work, i talked to/worked with a lot of cops. This kind of call (a civil standby for some sort of domestic disturbance) gets just about 100% of the votes for cops' least favorite thing to be doing. Really what theyre looking for is a way to get out of your house with the credible belief that you guys arent going to kill each other and make them responsible because they were there and did nothing.

  3. If there is further physical conflict, you need to be sitting down, with your hands behind your back. Don't put yourself in a position where you defend yourself by putting your arms up or trying to push past, and they decide to call it mutual combat and take you all in for DV.

I read all of that. Thanks for the info. I will be leaving I hope. regardless if they "come around" Abusive people don't actually want you to leave. They just want to abuse you more. I could have been gone years ago. My parents always talk a bunch of shit how we are going to do this that together. never happens. They cant stop abusing me long enough for anything productive to come of me being here. If I had the money Id have left that night for good.

Parents are weird. Im kind of glad im not ever going to have any kids i can only imagine how they would feel about me.

When i was younger, i had a very complicated, very contentious relationship with my parents. It wasn't until I moved out (i joined the navy out of high school) and put a lot of distance between me and them that we got started to feel warmer toward each other.

I was gone staying at a friends for about 7 years. They asked me multiple times to move back in. I always said no even though I was sometimes hungry and broke. Because I knew they had not really changed just realized how bored they are by themselves.I should have saved more money then.

This was the tame on camera version. Before I grabbed my phone she physically prevented me from going to get my phone. grabbed me by the jacket and literaly drug me through three rooms. Obviously I could have overpowered her but my lying douche father would have told the police I was the aggressor just to get me arrested.. It was frightening guys seriously. Worse than you think.

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