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Cats, Cops, and a Crazy Lady (Update - F@#% THIS)
FF
Once Upon a TimeIn OaklandRegistered User regular
Once Upon a TimeIn OaklandRegistered User regular
For reference: http://forums.penny-arcade.com/showthread.php?t=76722
Since my last post in the above thread, we've been told to ignore the lady and let management handle it, management also said they would be ignoring her complaints re: the cats, but they would be keeping a paper trail of every time we report her banging on the ceiling. So, we've been emailing when she bangs on the ceiling, it's been sporadic but we've been building a bit of a paper trail.
So tonight (er, this morning) was the last straw for us. At around a quarter to 1am I woke up to hear the lady living below me banging on her ceiling again. No big deal I think, I'll just write an email in the morning. I was so wrong.
To make a long story short, she harassed my girlfriend and I for over 30 minutes straight using a combination of banging on her ceiling and coming up to our front door to ring the buzzer and bang on our door.
I called the cops on her, talked to the cops, they gave me a form and advised I go to the court house and try to get a court order against her to keep her from banging on the ceiling or coming to our door. The officer said it was kind of like a restraining order.
Unless I get a very solid answer from management I will be pursuing the court order. My question is, what do I need to bring, what should I expect, basically I don't have a clue as to what I need to do other than go to the address on the form. (The officer didn't tell me anything other than take form, go to address.)
tl;dr crazy neighbor harassed the gf and I for 30+ minutes. Called cops, cops said get a court order to shut her up.
P.S. Unless management says they're evicting her, I'm planning on getting the fuck outta dodge asap.
Since my last post in the above thread, we've been told to ignore the lady and let management handle it, management also said they would be ignoring her complaints re: the cats, but they would be keeping a paper trail of every time we report her banging on the ceiling. So, we've been emailing when she bangs on the ceiling, it's been sporadic but we've been building a bit of a paper trail.
So tonight (er, this morning) was the last straw for us. At around a quarter to 1am I woke up to hear the lady living below me banging on her ceiling again. No big deal I think, I'll just write an email in the morning. I was so wrong.
To make a long story short, she harassed my girlfriend and I for over 30 minutes straight using a combination of banging on her ceiling and coming up to our front door to ring the buzzer and bang on our door.
I called the cops on her, talked to the cops, they gave me a form and advised I go to the court house and try to get a court order against her to keep her from banging on the ceiling or coming to our door. The officer said it was kind of like a restraining order.
Unless I get a very solid answer from management I will be pursuing the court order. My question is, what do I need to bring, what should I expect, basically I don't have a clue as to what I need to do other than go to the address on the form. (The officer didn't tell me anything other than take form, go to address.)
tl;dr crazy neighbor harassed the gf and I for 30+ minutes. Called cops, cops said get a court order to shut her up.
P.S. Unless management says they're evicting her, I'm planning on getting the fuck outta dodge asap.
Huh...
FF on
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Are there any other units you could move to? If you have to move, I wouldn't take any crap from the mgmt about security deposits or breaking the lease or anything, since their lack of action is the reason your moving.
Also, I'm hoping you document not only every time she pulls this shit, but every time you've spoken to your landlord as well. That information is helpful to the court.
And yes, you need to speak to your landlord about leaving. They may try to give you hell for breaking the lease, and may try to keep your security deposit. Depending on your landlord, expect a fight for both of those things.
https://steamcommunity.com/profiles/76561197970666737/
We had a brief discussion with the property manager about moving to a different unit if/when one became available, however the current unit we're in is a corner unit/nicer than other units there.
We've definitely been keeping records (mostly emails).
Next step is to find the property manager or his boss and make sure they know what's going on. I sent an email to the onsite manager last night, but I don't think he's checked his mail yet, he's not onsite right now either. :grumble:
Since the manager has been pretty cool with us ever since we moved in, I'm hoping that he'll be ok with us breaking the lease, but you never know.
And how much longer after making it clear that it's gone from "seriously goddamn annoying" to "I cannot live with this shit anymore" should he give the manager one more chance to make things right?
Personally, if the manager says "too bad" to the first, and does nothing say after a week (two?), I'd be outta there and fully expecting my security back.
3DS FC: 4699-5714-8940 Playing Pokemon, add me! Ho, SATAN!
The manager's had plenty of time to take care of it.
https://steamcommunity.com/profiles/76561197970666737/
Is her place a 2 bdrm too? I'm sure the manager doesn't want to kick someone out and not get the rent, but since he's agreed she's in the wrong, it's the mngr's ball now.
I haven't actually been able to speak to the manager to find out what taking action means. I am prepared to tell them that I will not accept anything less than a letter stating that this is her final warning, and if she continues she will be facing eviction. If the management isn't willing to do that...well, I suppose I'll be looking into moving out and possibly requesting from the management company that they help us with the move.
Fortunately we're in the SF Bay Area so I highly doubt they'll have a hard time renting the apartment. Also, she's been banging on her ceiling since we moved in October so it's been 5+ months. Curse my pacifism.
Edit: Concerning getting a court order. I have half a dozen separate emails ready to bring in, in addition I think I may be able to request transcripts of the calls I made to the police department where the dispatcher asked about the noise they heard over the phone. (They were able to hear the lady banging and holding the door buzzer). Is it feasible that I will be able to walk into the courthouse on Monday morning and be able to leave with a court order the same day?
Be careful. Park your car in a highly visible area is possible.
UberThis.
This lady's chance for a final warning is pretty much up at this point...Either the manager follows through on what you posted and boots her ass out, or you go ahead with moving out.
I can say i've (unfortunately) gotten people evicted in the past for less than what this nutcase has been doing...Any reluctance you might have is understandable, but believe me, it'll be worth it.
The car is the ammo... in the case against her
Unless I'm missing the sarcasm
Sorry, I guess I wasn't using a TrueType-approved sarcasm font.
Went and picked up the restraining order today. That's good.
She's not home so my brother couldn't server it to her. That's bad. I guess I'm just going to have to try and keep tabs on her and when she's home, get someone to zip over and do it.
The girlfriend and I will be going to talk to the property manager in a couple of hours, hopefully he'll tell me that they're sending her an eviction notice. I'd really rather not have to find another place.
Christ, I nearly typed sever. That'd be ... bad?
Not that I am recommending this course of action in any way, of course.
3DS FC: 4699-5714-8940 Playing Pokemon, add me! Ho, SATAN!
I'm not allowed to be the one to give her the papers, as I'm the one being protected.
Tried to get my brother to do it today. Er, well, I didn't have to try, he was really excited to do it. But she hasn't been home. Looks like I'll be heading back to the courthouse to drop it off to the Sheriffs office. Let them take care of it.
Maybe she's been out apartment hunting..?
(You can dream)
https://steamcommunity.com/profiles/76561197970666737/
If it is a case of evicting either you or the crazy ceiling lady, who would they evict? Clearly it's going to keep happening with whatever tenants live in the unit above her.
Also, if movies are anything to go by, she has to admit her identity in order to be served right? Tell your brother to get create. Have him put on an outfit.. wear a suit and buy some balloons... knock on the door..
"ARE YOU MRS. JILL SMITH (whatever)?"
"YES!"
"WELL!!!... you've been served."
"ARE YOU MRS. JILL SMITH (whatever)?"
"YES!"
"WELL!!!... you've been served."
*pulls out boombox out of dufflebag, proceeds to strip on premises*
3DS FC: 4699-5714-8940 Playing Pokemon, add me! Ho, SATAN!
*A boombox can change the world
You gotta know your limits with a boombox
This was a cautionary tale
A boombox is not a TOOOOOOOY!*
Also, I was hoping if OP could update us to see what has transpired of the situation.
Sounds kinda flimsy but it's all I got. Looks like the lady has been hiding out, away from home. I've only seen evidence of her being around a couple of times, after hours. I think she may have guessed that I would file something against her after I called the cops. Hearing is scheduled for a week from tomorrow.
Edit: ahahaha
Just called the Sheriff's Office. She got served yesterday.
I don't know the protocal for restraining orders, but does your landlord know one has been served?
Currently painting: Slowly [flickr]
There was an article in the NYT a long time ago about a professional process server and all the tricks he used. On time he apparently practiced throwing the papers, and then he rented a room across the street from some woman and when she opened her kitchen window he threw the papers across the street, through her window, and right into the salad or pasta or whatever it was she was making!
Google has failed me, but I did find this:
http://query.nytimes.com/gst/abstract.html?res=9B0DE4DD1339E733A2575AC0A9659C946197D6CF
It was excerpted in my Crim Law case book, so I can probably find the citation in there, if I can find the book that is. It might have been the New Yorker and not the NYT. It was pretty sweet though. The lengths people will go through to avoid service can be pretty extreme.
ring ring
you are being too loud can you turn down the tv?
uh, no it's not very loud.
yes it is, it's keeping me awake.
you know what, call management, call the cops, i don't care but i want record of the noise up here and down there, and if it's reasonable.
never heard from her again. but you're kind of lucky she's psycho. If she were crafty she'd be complaining, then management wouldn't really have your side of the story and it'd look bad on you.
I do NOT get why people expect complete silence when they live on a bottom floor apartment.
Apparently she's been complaining to management, like, all the time. The good thing is, she's pretty much been a horrid bitch to management every time she talks to them about anything. So, they tend not to believe her anymore. Plus the onsite manager fucking loves my girlfriend. I just wish they'd evict the crazy lady already. Guess we'll see after the hearing next week.
Has anyone had any experience with restraining order hearings? I'm thinking;
1. go in
2. present case with copies of emails, etc
3. hopefully keep restraining order in place
4. ???
5. profit?
i think eviction is not really a thing management companies like to do if it can be at all avoided. seems like that might be the only option here though.