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Good-Expression-4433 t1_j6tlj7e wrote

Reply to comment by geffe71 in Man claims self-defense in Providence landlord homicide by Rogue-Island-Pirate

He shouldn't have, no. But the law with eviction procedures are there for a reason and help protect both tenants and landlords. What if he didn't have a gun? Was she was going to force him at gunpoint to leave? There's definitely still variables here but she went about it in a way that circumvented the law and the courts and paid the price for it.

Even if he was a scumbag and had an illegal gun, it was still an illegal eviction and breaking and entering and he could be justified in a self defense claim.

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sandsonik t1_j6tva30 wrote

But he wasn't the tenant. She did not rent the apartment to him. He was not protecting his home, he was a home invader who wouldn't leave.

Yeah, she was a fool to take him on herself instead of involving the police. I had a landlord who went through something similar to a former tenant of my apartment. The original tenant moved out, his friends moved in but they weren't on the lease. They wouldn't leave and laughed when he asked them for the rent. My landlord punched one and got arrested. Years later he still considered it worth it. I guess he was lucky that's all that happened to him.

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realitythreek t1_j6u3rp0 wrote

Assuming they were considered a squatter, you still have to follow eviction to remove them. You’re just wrong.

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Good-Expression-4433 t1_j6u8oym wrote

They could have been legally a squatter which still requires eviction proceedings. Also, the solution to that situation, even if they were a straight up trespasser, isn't to get your friends to go in with guns when you're not in immediate danger. You call the police and let them know there's a trespasser.

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sandsonik t1_j6ulq3h wrote

Obviously. I acknowledged that they went about it all wrong. Though I wonder how one serves eviction notice to someone, if they don't even know who they are?

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Good-Expression-4433 t1_j6umyas wrote

You call the police. They take a police report on the situation and often go to the residence to get that information for you if possible. You then take that information and the report to the court when you file for an eviction.

Even if the lady didn't get shot, she would have had the pants sued off her, even if he's a squatter, for violating eviction laws. The penalties on that can be harsh if you try and "self help" evict someone by bypassing the court, even before getting into the issues of breaking and entering and threats with a firearm.

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