Manager wants to evict me... Please read for all the details.

[Ty0604]

OREGON

I live in a 16 story apartment building on the campus of a 4 year university in Oregon. On January 17 I've was arrested for Trespass II. See the link below for more details on that story, as I've posted on it. If you don't want to check out the link then here's the short story: I was accused of entering a neighbors apartment at 3:15a.m. on January 13. However, I was in bed sleeping at the time and didn't do it.

I met with my attorney today and they had to subpoena the surveillance video from my apartment complex, which will take two to three weeks to obtain. That surveillance video will show that I didn't do it, assuming the cameras are faced the correct direction.

Tonight I met with the leasing manager and I explained what happened. She stepped away and made a phone call and came back about 10 minutes later. I was given two options; Either move out in two weeks (and they'll give me a good rental reference) or they'll contact their attorneys and go through the eviction process.

I'm meeting with the manager on Monday but she's the one who handed down the options to the leasing manager on the phone. I'm not sure what to do. For one, I have absolutely no money to move. I'm disabled currently (I have a major sports hernia and my surgery isn't until the end of March, at which time I'll be out at least another 6 weeks). I don't have a vehicle to move with (or the money to rent a U-Haul etc). I'm gone 16 to 18 hours a day between school and my volunteer jobs so I don't have the time. Plus, two weeks to find a place is a little ridiculous. Not to mention that it's almost midterms here and it's stressing me out like no other.

I offered to move to a different floor but was refused. I offered to move to a different floor and not step foot on the floor where this nonexistent crime occurred. I was going to offer to take a lie detector test but who knew they were like $1000.00.

What are my options here?

Further info:
No last months rent paid
My current lease ends in September
I renewed my lease last month and the new lease runs from September of this year until September 2014

Any other questions? Feel free to ask. I'm seriously freaking out right now...

Here's the link for my previous post: https://forum.freeadvice.com/other-crimes-federal-state-4/charged-criminal-trespass-ii-based-residents-identifying-me-588989.html

 

[TigerD]

I have three very important things you need to do:
1. Talk to your attorney.
2. Talk to your attorney.
3. Talk to your attorney.

Oh and one more -

Talk to your attorney.

DC

 

[Ty0604]

Are you talking about my attorney who's representing me on the criminal case or another attorney? Sorry.. I'm not too familiar with law and assumed they had attorneys who specialized in real estate. If that's the case, I cannot afford one. My current attorney is a state appointed one. If that's who you're talking about I'll call her and schedule an appointment with her ASAP.

Thanks.

 

[FarmerJ]

Ty heres the deal I hate to say it too but its messed up , In some places so called university owned housing seems to be able to get away with not following state law when it comes to landlord tenant issues and having to have the same kinds of proofs that a landlord out in the community would have to have to kick someone out for some reason other than non pay. SO I suggest first to completely re read your lease , you want to find anything in it that gives them the right to make you get out with out a court order , if you cant find such a thing then if you are using a atty re the trespass charge bring it up and ask the attorney to address them once the video has been viewed.

 

[Ty0604]

FarmerJ;
I'm not sure if this is important but it's not owned by the university. It's located on university property but owned by a private company called American Campus Communities. Part of my lease says "Neither you nor your guests will be allowed to engage in the following prohibited actives: (i)************** (ii) disturbing or threatening the rights, comfort, health, safety of convenience of others in or near the Apartment Community...."

If I were to be convicted of that they're accusing me of then I did as such but the video footage will show otherwise and my attorney is certain that the case will be dismissed as soon as they can obtain said footage.

 

[FarmerJ]

SInce it is not uni owned housing then just like any other LL if they want you out and you do not leave they are going to have to take you to court and prove WHY they want you out. SO If you speak to your atty about this let him know whats going on and in the time between Id say that if your LL brings this up again dont answer them at all, Ignore them. ( dont be shocked in the end if they choose to refuse to renew with you ) there is no way to really predict how things will go for sure because if they file with the court to ask for a eviction order before the criminal court matter is settled I suppose you are free to ask the judge if he /she will delay any action on this matter until the results of the trespass issue is settled since being found not guilty in another court should be enough for this landlord. BUT again speak to your attorney ( Your LL cant be that dang dumb that they would be willing to spend the money on filing fees when there is already a court case about this and they dont have more than hearsay as reason to ask for a eviction, dont know about your state but in mine filing last i knew was about 350.00 here and if it was my money I wouldnt file to evict on a issue that is not non payment with out good proof )

 

[Ty0604]

FarmerJ

Thanks for the feedback. I'll contact my attorney today and leave her a voicemail asking to meet with me on Monday. I have an appointment scheduled with the manager of the building I live in on Monday. I guess it wont hurt to explain to her what's going on. After all, she only knows what the assistant manager told her on the phone. The assistant manager stepped out of the room and was gone for about 15 minutes so I don't know what was said on the phone.

What I think is going on is that the girl who's accusing me of this is playing scared and putting pressure on the management to evict me. I was told I was being evicted to "protect the safety of the other residents" and therefore why my offer to move to another floor was denied. Maybe she is scared and maybe it did happen but the only thing I'm certain of is that it wasn't me. It was 3:15 in the morning and my attorney suggested it could have been someone from one of the many parties going on. The same night the CA (i.e. the floor manager) said there were reports of people walking around jiggling the door handles of other apartments in the building.

Being a guy sucks when you're getting accused of something by a girl...

Furthermore, I wish lie detectors were admissible in Oregon.

As for the money? The owner(s) of this building spent $19 million to build it so I doubt their hard on cash. I did the math and with every apartment full (as they are now) they make $1,920,000 a month in rent, before they pay all of their bills etc etc. Pretty sure they have some of the best attorneys money can buy.

 

[FarmerJ]

Again they can ask you to leave for any reason under the sun and it means crap because if they want to make you get out they have to have a court order for any issue other than non pay it will take proof Not just because SO and so said you did XYZ they are going to have to have proof = good solid proof like say noise complaints is police reports where officers find Noise and its more than one time, if they claim you destroyed the apt you rent , they are going have pics to prove it , if they claim your dealing drugs then they need police report that says the police found illegal drugs in your apt when they ask the court to evict based on illegal activity , so if they are going to claim you did a trespass they have to have enough proof in court Not just a copy of the charges , not just the word of the residents of that unit.

 

[Ty0604]

FarmerJ

Thanks again for the information. I have a meeting with upper management (the ones who ordered me out) at 5 tonight. Currently going on 345 where I live. Will give an update after that.

 

[Ty0604]

Meeting results...

The meeting didn't go so well. The girl who's accusing me of entering their apartment filed a restraining order on me and that's why they're kicking me out. I can't be in the building due to the restraining order.

 

[FarmerJ]

Get your attorney involved This is the only way your going to make this whole thing go away. In the time being unless you have actually seen the restraining order stay put. You should have had a copy sent to you by now.

 

[Ty0604]

FarmerJ-
The manager said the girl was still waiting for the restraining order. She should have it tomorrow. I'm not sure when or how I'll get a copy of it.

 

[davew128]

Your attorney should be having a background investigation done on this girl. Something isn't right here, and that's not a shot at you.

 

[FarmerJ]

Your LL it sounds like is trying to get you to leave so they dont have to go to court , If your LL wants to talk to you any more tell them `send me a letter so it can go to my attorney!

 

[Ty0604]

My biggest concern is that they're going to let me out of my lease without charging me anything if I leave willingly. However, if I fight it then I would owe them in excess of $5000 plus attorney fees. Furthermore, I would lose my rental verification from them. I'm not sure what to do. My attorney never called me back today. I started looking at apartments today but I'm not sure how to answer the "have you ever been convicted of a crime..." part of the application. I haven't been convicted yet but the applications later on say that pending court cases count. Do pending court cases really show up on background checks?