nusance (by Howard [MO]) Nov 5, 2016 1:39 PM
nusance (by NE [PA]) Nov 5, 2016 1:43 PM
nusance (by RathdrumGal [ID]) Nov 5, 2016 1:53 PM
nusance (by Jim in O C [CA]) Nov 5, 2016 2:08 PM
nusance (by Vee [OH]) Nov 5, 2016 2:25 PM
nusance (by Amy [MO]) Nov 5, 2016 4:51 PM
nusance (by Amy [MO]) Nov 5, 2016 4:53 PM
nusance (by AllyM [NJ]) Nov 5, 2016 4:55 PM
nusance (by Amy [MO]) Nov 5, 2016 5:07 PM
nusance (by NE [PA]) Nov 5, 2016 5:20 PM
nusance (by Amy [MO]) Nov 5, 2016 5:31 PM
nusance (by Blue [IL]) Nov 5, 2016 8:27 PM
nusance (by Moshe [CA]) Nov 5, 2016 8:54 PM
nusance (by LindaJ [NY]) Nov 6, 2016 5:01 AM
nusance (by #22 [MO]) Nov 6, 2016 9:28 AM
nusance (by Howard E [MO]) Nov 6, 2016 9:55 AM
nusance (by Amy [MO]) Nov 6, 2016 2:37 PM
nusance (by Howard [MO]) Posted on: Nov 5, 2016 1:39 PM Message:
State Specific Question About: MISSOURI (MO)
I just got a letter from the Independence , MO. PD telling me that a tenant at one of my apts has called 911 15 times in a 3 week period and due to that they have determined that he has misused the 911 service and that I am instructed to evict him.as a nuisance
Has anyone heard of anything like this ? --73.185.xxx.xx |
nusance (by NE [PA]) Posted on: Nov 5, 2016 1:43 PM Message:
Toss it in the trash. --174.200.x.xxx |
nusance (by RathdrumGal [ID]) Posted on: Nov 5, 2016 1:53 PM Message:
I don't see how a letter from the police department can supersede Landlord/tenant laws. I would contact the police department and ask them to cite the state or city code or ordinance that makes this request legal. It sounds like a prank. Even if such a law exists, I would think that your tenant still deserves due process. I would send a letter to the tenant asking him to desist and enclose a copy of the letter from the police.
Why is your tenant calling the police? Does he have mental health issues or are there legitimate concerns, such as drug deals happening in front of your building?
Probably time to run it by your attorney. False calls to 911 are a crime. Why don't the police just charge him with a crime and ARREST him? Something is not right. --98.145.xx.xxx |
nusance (by Jim in O C [CA]) Posted on: Nov 5, 2016 2:08 PM Message:
Not your job. There are laws against 911 abuse. --108.89.xxx.xxx |
nusance (by Vee [OH]) Posted on: Nov 5, 2016 2:25 PM Message:
You should ask how much and bill the tenant for abuse of government services, here we have to do something after 3 calls in 60 days, then when you do the eviction it is likely to be a instant (nearly) 7 day without court. --76.188.xxx.xxx |
nusance (by Amy [MO]) Posted on: Nov 5, 2016 4:51 PM Message:
I don't see how him being a nuisance has anything to do with his tenancy, UNLESS perhaps he has been a nuisance to the neighbors who are complaining. That said, it is not the police biz how you run your biz. He could just move to another place and become a nuisance there. They ought to arrest the guy. --65.31.xxx.x |
nusance (by Amy [MO]) Posted on: Nov 5, 2016 4:53 PM Message:
190.308. 1. In any county that has established an emergency telephone service pursuant to sections 190.300 to 190.320, it shall be unlawful for any person to misuse the emergency telephone service. For the purposes of this section, "emergency" means any incident involving danger to life or property that calls for an emergency response dispatch of police, fire, EMS or other public safety organization, "misuse the emergency telephone service" includes, but is not limited to, repeatedly calling the "911" for nonemergency situations causing operators or equipment to be in use when emergency situations may need such operators or equipment and "repeatedly" means three or more times within a one-month period.
2. Any violation of this section is a class B misdemeanor.
3. No political subdivision shall impose any fine or penalty on the owner of a pay telephone or on the owner of any property upon which a pay telephone is located for calls to the emergency telephone service made from the pay telephone. Any such fine or penalty is hereby void.
--65.31.xxx.x |
nusance (by AllyM [NJ]) Posted on: Nov 5, 2016 4:55 PM Message:
You need to go down there and see what he is calling about. You also need to see your tenant and ask why he is calling. It could be legit and the dump despatcher is being an ass. It happens all the time. If the tenant is giving a license number, and the despatcher knows the person who comes up in the plate search, I guarantee that no cop is going to come and see. --73.33.xxx.xxx |
nusance (by Amy [MO]) Posted on: Nov 5, 2016 5:07 PM Message:
This is from the independence, mo landlord tenant handbook. Read the last sentence.
Complaints
Complaints with the Code Compliance Division should be filed on forms provided. These forms can be
obtained by contacting the Code Compliance Division. The form may also be downloaded in .pdf
format at www.independencemo.org. On the home page, click on Departments, then under Health,
click on Code Compliance. Within 14 days of receiving the complaint, the Code Compliance Division
will send the person complained against (defendant) notice of the complaint. The defendant then has
10 days in which to respond in writing to the complaint. After receiving the defendant’s response, the
Code Compliance Division will set a hearing date and will notify the complainant, the defendant, and
any additional landlord(s) and/or tenant(s) of the time and place of the hearing.
If, at the hearing, the Code Compliance Division finds that there is a violation of the Landlord and
Tenant Code, the Code Compliance Division will notify the person responsible for the violation
(usually the defendant) of the violation and will direct the time and manner in which the violation will
be corrected. Failure of the person responsible for the violation to correct the violation in the time and
manner specified can result in a complaint being filed with the City Prosecutor, which will be
prosecuted in Municipal Court.
In addition to conducting a hearing for the Landlord and Tenant Complaint, the Code Compliance
Division has the power under the City Code to direct inspection of the dwelling unit by a City
Inspector. If it is determined that the dwelling unit is unfit for human occupancy the Code Compliance
Division can take steps to declare it Unsafe to Occupy and order the building vacated or can refer the
complaint to the City Building Official who may declare the premises of the dwelling unit as
Dangerous and can order that it be vacated and repaired or demolished. In situations where an
emergency exists which requires immediate action to protect the public health, safety or welfare, the
Code Compliance Division or Building Official may order a dwelling unit vacated without prior
hearing.
--65.31.xxx.x |
nusance (by NE [PA]) Posted on: Nov 5, 2016 5:20 PM Message:
There is no reason for you to go see the tenant and play private investigator to get to the bottom of this.
It's not an issue deserving of your energy.
Stay home and watch Netflix. --174.201.x.xxx |
nusance (by Amy [MO]) Posted on: Nov 5, 2016 5:31 PM Message:
Sorry to keep chiming in, but we have rentals not too far from you. I would go down to the agency who sent the letter, verify its authenticity, and ask the person in charge to explain where in any statute it says they have the authority to ask you to evict the tenant. Also inquire as to the nature of the 911 calls. The exception to the rule would be if this tenant is dealing, possessing or on drugs- they may be giving you a recommendation to do an eviction.
I would be on guard, though, this tenant's days at your place are probably numbered. --107.77.xx.xx |
nusance (by Blue [IL]) Posted on: Nov 5, 2016 8:27 PM Message:
Do you have Crime Free Housing. Here, yes that would mske a ll have to evict. Yes without due process. --66.87.xx.xx |
nusance (by Moshe [CA]) Posted on: Nov 5, 2016 8:54 PM Message:
Write back to the PD and ask them, on what basis do they instruct you to evict him as a nuisance.
--47.139.xx.xxx |
nusance (by LindaJ [NY]) Posted on: Nov 6, 2016 5:01 AM Message:
Code compliance is one thing... that usually has to due with the dwelling being livable and "up to code" which is listed somewhere. Things like having hot water, the grass being x inches tall, smoke detectors are all in the code. Where in the code is the number of times you can call 911? I don't think code compliance is the issue.
If he is not abiding by your lease or agreement, then you have the right to enforce that. But, if he is abusing 911, there should be some law that the police can ticket or arrest him on. That is not your issue. I would ignore it for now, and if you get another one, maybe go talk to the agency that sent the letter to find out where there it is your issue.
What happens if it is a homeowner that is doing this? I would think the agency has to deal with it, since they can't pawn it off to the landlord or mortgage holder. --108.44.xx.xx |
nusance (by #22 [MO]) Posted on: Nov 6, 2016 9:28 AM Message:
I've been threatened with a 1 year condemnation of a property for a misbehaving tenant. Not sure how the government can expect us to manage how well a person behaves. --108.218.xxx.xxx |
nusance (by Howard E [MO]) Posted on: Nov 6, 2016 9:55 AM Message:
I guess I should have added that this tenant has been in the unit for over 13 yrs with no complaints from anyone. The individual is one of those that clean other peoples drives helps them fix things. The tenant says that a 20 something down the street 4 houses is driving him nuts with peeping in the window yelling at him on the parking lot etc. As far as I can find there are no police reports on any of the 15 911 calls sited in the letter. The tenant is early 60's and disabled. Any chance I just have an agitated cop ?
There is no indication of any kind of code violation. --73.185.xxx.xx |
nusance (by Amy [MO]) Posted on: Nov 6, 2016 2:37 PM Message:
Some creepy peeper, and the cops can't pin it down. Go to the station and verify this. This is the only way to find out what's really required of you. Good luck --65.31.xxx.x |
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