Expert: Jason Grabill - 1/27/2009

Question
I was assaulted on my own property. My husband and I have been in a dispute with the landlords. We are living in  run down house that they are unable to maintain. Our landlords own the property that we live on, and their house is right next to ours. They are very old, and not in good health. Our home has been falling apart because of water damage. They knwo that they will have to spend alot of money to fix all of the things wrong with the house. I have been researching the laws for months on what we can do to get these repairs made.We told them that we are not paying the full months rent and that they could use our security deposit to fix the home for the next tenants. We are trying to make things easier on them, even though we are suffering.
Anyways, the landlord came over to our house and was banging on the door. My husband came outside to talk with him. He stated talking about how we need to pay him more money because he is broke. He was yelling at us telling us he was going to call the police and have my husband taken to jail for not paying. In the contract it states that we can use our security deposit towards rent due. We are using the deposit for that so we can move out of this disgusting home. It costs alot of money to move into a place, so we are saving up so we can get out. Well, while he was threatening my husband with jail time, I came outside and told him that he could not do that, and he needs to stop harrassing us. I simply told him to leave us alone and that he needed to re read his contract. He was cussing us, yelling at us, calling us names. This tuned into a heated argument of us just telling him to leave us alone. The neighbors came outside and saw us arguing. There were two middle-aged women and an older male. They told me they called the cops on us because they could hear us arguing. I told them to get out of my front yard and to mind their own business. So right about now I have five people screaming at me calling me just about every name in the book. I am just trying to stand up for my rights as a tenant. These women started threatening me that they were going to beat my ass. I was like that would be really stupid considering that you called the police about ten minutes ago, and they should show up at any time. I was screaming if you put yours hands on me you will go to jail. My husband was inside at this point looking for the contract to show the landlord that we were in the right. So I was outside, in my yard, by myself, with these people screaming at me. The first woman jumped over my fence and grabbed me by the hair and the other woman came over the fence and pout my in a head lock, she was screaming im gunna break your neck you little bitch. I was trying to get out of the headlock by kicking and punching and just flailing around. The male neighbor joined them by jumping over the fence, I am not sure if he was hitting me or trying to get them off of me. This all happened at my front door. When the police finally showed up, they were already on their property and they were trying to get into their cars to leave. I was screaming at the cops to stop them. "Those are the women who assaulted me, you can't let them leave". The police stopped them in their driveway and made them get out of the car. They went over and talked them, and left my landlords in my yard still verbally harassing me. I am enraged at this point yelling back just standing up for myself. The police didn't come talk to me for about 20 minurtes. They came over there and said that they couldn't do anything because my one story didnt match up with their five. I watched my landlords lie to the police right infront of me saying that the assault never happened. I have scratches and marks all over me. The police told me that they couldnt do anything, that if he took them to jail, he would have to take me. The police didn't take pictures of me until I yelled at them for not doing their job. They did not take a statement from me or my husband. I was very angry and I felt that they did not care about what just happened to me. What can I do about this? I went to the hospital for my injuries, and I am bed ridden until I am not in pain anymore. I had a previous neck injury, so this just made it worse. I have called the police station to ask them for a police report and they would not give me one. I need to knwo the names of these women so I can press charges, but the police will not cooperate with me. They looked like they were good friends with the people who assaulted me. I feel very wronged. I am still being harassed by my landlords and the police keep telling us that we need to get out of our house. Our lease in not up for another week. What should I do?

Answer
Brittany:

 First, print out this story, you'll likely need it later and it will help refresh your memory.  

 I don't know what state you are in, and I'm NOT an attorney.  Any advice I give is just that advice.   

 First, by the laws of most states, you are entitled to a copy of the police report.  If they won't provide one, then the next step is to contact the Chief's office directly.  If there is a legal or administrative reason for the delay, (which is easily possible) then that needs to be explained to you.   Have your request ready in writing, by the way.

 Next, based on what you've told me, the officers were legally correct, had they arrested one, likely they would have had to have arrested you as well.  (Not fair but that's the way the law works I'm afraid).  If they don't witness the assault, they can only go with what everyone says.  That doesn't stop you from pressing charges, and you don't necessarily need a police report to do that, although it does help.  

 You certainly have a variety of civil remedies available to you as far as pain, suffering, and hospital bills.  Basically, you can sue the people that assaulted you.  You don't need an attorney to do that, but again, one could be helpful.  

 Landlord tenant disputes are never good.  Usually the law states that you must continue to pay rent until you leave, unless your rental agreement states otherwise.  Many states specifically say that to be evicted, you must be given written notice, a chance to pay back rent, and 30 days.  Your laws may differ.   If you are moving out regardless, I'd say this isn't much of an issue.  If your contract states that the security deposit is the last months rent, then there shouldn't be an issue.  You may want to talk to a city code enforcement officer in regard to the status of the property, regarding it's condition.  It's nearly impossible for a tenant to be jailed for not paying rent, that's usually considered a civil matter, with eviction as the normal outcome.  

 You likely know the laws of your state better than I do, based on your research, so you know the best way to proceed with this.  I'd most definitely look into a civil suit, however.  

Jason