Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
There have been liability allegations against employers for actions of employees on the basis of failure to properly screen applicants prior to employment so similar allegations could be made v homeowners for failure to properly screen tenants, but as for liability arising therefrom would be a far reach, but not impossible to be found in some jurisdictions.
the difference is there is agency in the employer - employee relationship, but not the homeowner - tenent
While the example I used was hypothetical, we do have an issue with a new neighbor (father, wife and son living in the home). Rather than go through the story here, I'll just leave it at the issue we have is with the father but it turns out the father purchased (cash) the home for his son and is in his son's name. The parents are living there temporarily... or at least that's the story they told me.
I have confirmed the house is owned by the son and is in the son's name via my real estate agent.
My thoughts are that it'd be a stretch to hold the son liable for the father's/ tenant's/ guests actions, but figured it was worth asking here.
(crap... I just typed out a reply but wasn't logged in... it disappeared when I logged in).. let's try again.
This is the short version:
Our new neighbors moved in a couple months ago. We agreed to build a fence between our homes and it was going to be 5'3" tall. When the fence guy started laying posts, the neighbor came out and measured the posts and determined the fence was going to be 5'5" tall. The two inch discrepancy was because he measured from the dirt, we measured from the top of a retaining wall the fence was to be butted up next to.
He went crazy- yelling and screaming- my wife came out and they started yelling at each other and in the end he had kicked dirt in my wife's face (hitting my 3 y/o son with dirt in the process), started ripping the fence posts out of the ground and physically assaulted the fence guy. At some point during all of this, the neighbor told his son- who had joined his dad in the yelling and threatening- to "go get the shotgun".
The fence guy called 911 and in a few minutes, the police arrived and escorted the neighbor to a police car where he resisted and was placed in custody. I think he may also have assaulted a police officer, but I was not there at this point. He was taken to jail. Bail was set at $100,000.
Yesterday, the fence guy called to tell us one of the police officers who showed up called him to tell him that the state DA will be calling the fence guy as a witness in a case they are building as well as to get our phone number (guess the police didn't get it) because my wife will be called as a witness also.
Never thought I'd be part of something like this....
Wowwwwwww. It sound like his problems run deeper than his issues with the 2" fence height difference. Nobody in their right mind would behave like that. What he needs only comes in a tiny little bottle with a tricky cap on top. Hope your wife and son are ok. The little boy definitely doesnt need to see/hear that, and see mom and pop get so upset. I'd be worried about what life will be like for you and your wife now, living next to them.
I am also worried. And yes, his actions were that of something much worse than a typical disagreement.
Sure the fence will act as a physical and visual border and the restraining order will keep him away from us, but playing with the kids in the yard (the play size yard is on his side, of course) will be very uncomfortable.
One of conversations we had when we initially talked about a 6ft fence, he said he would move "in 20 seconds" if we put a 6ft fence up. Hopefully he goes through with that "threat".
It's a good thing the fence wasn't 4" over someone would be dead.
I would get a restraining order filed, that may force them to move, not sure how it would work though.
Imagine....
It was an honest misunderstanding. And, had I been there (and he was not a raving maniac) I would have told the fence guy to cut 2" off the posts.
I'm trying not to clog up the thread with long posts about the issue (which is tough- I tend to babble) but yes, as you recommended as did the police, my wife filed a restraining order against the father. He was served with it while he was still in jail. The son will be next if needed.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
