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Originally Posted by STT Resident
Not a good idea to make assumptions where state landlord tenant laws are concerned. And as I mentioned in Post #7, the OP has only posted twice and hasn't given anywhere near sufficient information for anyone to even hazard a guess as to what the situation really is, let alone make a whole bunch of assumptions. He hopefully will seek legal advice to find out exactly where he stands.
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This ^^^^ Assumptions are not necessary. Look it up, do not assume.
Now let's move on to the definition of assault:
Quote:
assault - Legal Definition
verb- In criminal and tort law, an act, usually consisting of a threat or attempt to inflict bodily injury upon another person, coupled with the apparent present ability to succeed in carrying out the threat or the attempt if not prevented, that causes the person to have a reasonable fear or apprehension of immediate harmful or offensive contact. No intent to cause battery or the fear or apprehension is required so long as the victim is placed in reasonable apprehension or fear. No actual physical injury is needed to establish an assault, but if there is any physical contact, the act constitutes both an assault and a battery.
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Note that one does not have to have any contact with the other for there to be an assault.
As for the 5 day notice: read the sticky at the top of this forum for your state's landlord tenant laws. If you wait for an eviction, chances are you will lose and, as others have said, you will then have a difficult time trying to rent. Leaving on your own is the best option for you.
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