My roommate is out of control. We have had so many problems with her but lately it has gotten bad. We had a mutual physical fight, in which I pushed her first, but she took it to the next level, grabbed a knife and started threating to kill me. I decided to get a restraining order for the time being, which states that she can not come with in 5 yards of me, and that she can no harass, threaten, or touch me or my other roommate. Only a few hours after being served her papers she broke this order by threating me and my roommate. We called the police she ran but we got a police report. I have gone to my apartment manager so many times and he says he is legally tied and can not really help us unless she is arrested or she really hurts someone. I can’t get her arrested because she always runs away, and I don’t want to have to be seriously hurt in this situation. I can not break my lease, is there any way to get my roommate legally removed from the apartment.
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Can I get my roommate evicted even is she is on the lease
2 Answer
Part of the responsibility as a landlord is to keep the rental property safe by complying with local housing, health and safety codes. I would get a copy of the police report and hand it over to your landlord. In addition look over your leasing agreement. If you are on a month to month, threaten to tell the landlord that you and the rest of the roommates will be vacating the premises if something isn’t done immediately. Jason K. is right. It is up to the landlord to provide safe haven to its tenants and in the event that the landlord is aware of the situation and has done nothing to prevent it from happening, he or she could be held responsible for all injuries that occur on his or her property. These injuries could be both physical or mental. If you are in a position that you have no other place to turn and all else fails, you may want to contact a tenant-landlord lawyer. Good luck and be safe!
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If she tried stabbing you wouldn’t and killing you it would be called attempted murder. Also, a restraining order to come 5 yards of you? I have never heard of such a thing. You may want to tell your landlord if you are seriously hurt as a result of her, you are on his property and its their responsibility. It would be called premises liability.