• Success Story

Stalking Injunction by Tenant Against Landlord Dismissed

By |2022-08-05T12:32:02-04:00August 5th, 2022|Categories: Success Stories|Tags: , |

Facts:

My client is a realtor and his parents own a duplex in Seminole. The front of the unit is rented to a woman with three children. In the back of the property, there is a garage/shed that was not part of the rental agreement. My client stored his tools in the shed and would regularly work back there. He also helped his parents manage the rental property.

The tenant was extremely demanding throughout her tenancy and stopped paying rent in July 2022. An eviction notice was posted on the door and the landlord had to wait 30 days before the eviction could be filed. In retaliation, the tenant filed a stalking injunction against my client. She made all kinds of wild accusations about him trying to lure her daughter into the shed, looking in her windows, and threatening her.

The Case:

My client was shocked and very mad that the tenant could say such things. We prepared for the hearing and brought witnesses that would testify about her behavior.

We went to the hearing and the tenant did not show up. The judge waited 30 minutes for her to arrive and then dismissed the case. The next day, the tenant filed a motion to reopen the case claiming that she arrived there 38 minutes late. The judge asked me for a response and I pointed out that she could have called in to let us know that she was running late and that my client and two witnesses were on time. The judge agreed and denied the tenant’s motion.

Result:

The stalking injunction is over and my client is moving forward with the eviction case.

Sean McQuaid