No kidding - there are a lot of people making suggestions here that could land JV in jail or make his situation much worse. Especially weird given that all the much simpler alternatives haven't yet been exhausted. The solutions are very different if you want to actually stop the situation vs simply get revenge and feel good about yourself.
should be enough to sue the renter. Either he will stop or if he not the renter .. the renter will stop it Rocket River
then i'll assume you know more about the legality of this than I, can you explain why? It would seem to me that as the landlord he's got the right to do it. The tenant is responsible for anyone else who lives with him and if they're acting up and he can't get them to stop, then he pays the price. It's not like the tenant can argue he doesnt know who's shooting from his own apartment window.
What proof is there that the tenant is actually doing it? He-said/she-said won't cut it. What's to stop the tenant from claiming that OP is a racist and making these claims simply b/c the tenant is black? Innocent until proven guilty, right?
JV - try the Houston Lawyer Referral Service, they may have some ideas on putting pressure on the landlord or other avenues through the criminal justice system: 1001 Fannin, Suite 1370 Houston, TX 77002-6708 Referral: (713) 237-9429 Good luck and I hope your family stays safe.
I think JV has enough to prove what window it's coming from. The trajectory angle is pretty valid, not to mention he's pretty much said he can get footage of the act, but not with enough detail to clearly see the guy's face. Whether the tenant himself is doing it is irrelvant in this case as they're responsible for anyone else who enters the apartment, unless they break in, which would be tough to argue in this case.
Whatever man. I'm not going to argue with you. You're ignorant, stubborn, and if you were my landlord, I'd take you to the cleaners.
WTF? I'm trying to discuss this with you. I was actually interested in finding out if you knew something specific that would not allow the landlord to throw them out legally. Not sure how that is ignorant or stubborn. On the other hand, you have yet to make a valid point, but still believe the landlord has no right. That sounds a lot more stubborn and ignorant to me. The tenant or the name on the lease is pretty much always responsible, unless he was broken into or had a gun to his head. Dog barking loudly? Tenant's responsible. Visitors in the unit disturbing neighbors? Tenant is responsible. As long as it's inside the unit then it's his issue to deal with (sometimes even if it happened outside) and put a stop to it. If he can't do it, then the landlord has the right to ask him to leave.
that shiet sucks.. sorry to hear you're going through this... the world is partly effed up because of punks like these
Fine, if you're genuinely interested, then I'll repeat myself. There is no proof. As of now, there's no video and no third-party eyewitnesses. Trajectory argument? Useless. Prove it came from that apartment. A BB is a sphere, and it wasn't embedded into the wall or floor. Do you honestly think that you can prove it was shot from one point vs another point 15 feet higher? Dog barking loudly? Yes. B/c you can prove it belongs to the tenant. Disturbing visitors? Yes. B/c you can prove they were visiting the tenant.
JV said he could get the evidence. Its just a matter of setting up and pointing his camera and then the guy eventually will try it again. If he doesnt, then problem solved. I guess the trajectory argument would depend on whatvr the BB left it's mark on, as in broken glass or anything else it hit. I can see where it would be useless if there's no mark or the glass just shattered completely. Perhaps JV left out some details. So assuming he had video of this, do you still think that's not enough to threaten the tenant?
Finally read all of this. JV, you fit the definition of imperturbable. My emotionally charged gut-response would be to buy a more powerful BB rifle for yourself (with cash from somewhere far away) and to aim for the shooter's head when he peeps out at night with his gun. But, you have more to lose, and his friends can further escalate it for you and your family. Hope you catch this scum and dish out some comeuppance.
As an attorney who represents commercial landlords I will give you my 2 cents (and that is more than it is worth) on your little debate. A tenant can only be evicted for a breach of the lease so the landlord will need to have proof of some breach of the lease. Since I do not know the lease terms, I do not know if these actions are a breach of the lease, but it is possible that there is a lease provision prohibiting any illegal act. Therefore, the first step you must surmount is whether the tenant has breached the Lease. The second obstacle is getting the landlord interested. Why would the landlord evict a paying tenant? You might be able to get the landlord interested by appealing to his sense of decency, but he may just see this as a personal dispute between neighbors. Getting involved in personal disputes between neighbors is dangerous. Finally, the vast majority of evictions are based upon failure to pay rent and that is all the JPs are experienced in handling. I was thrown out of court on an eviction based upon the tenant failing to pay operating expenses, which is considered rent under a lease. The JP simply told me that a tenant can only be evicted for failing to pay base rent. The JP was wrong, but that is a result you should expect.
i think you missed the part where he saw the guy in the window retracting after a shot was fired at his wife. You also mention that the tenants could play the race card...OP is married to a black chick so I don't think that will fly to far. before you call someone ignorant, you might want to catch up on the facts of the case first
I used to work for an apartment management company here in Texas and I can tell you that evictions here are very easy to accomplish. A boiler plate lease agreement will have a clause for criminal activity and public nuisance, and convictions and 'proof' are not necessary. As far as proof goes though, nothing will be done until the next shooting, which I would catch on video. Besides, he's also a public nuisance apparently because his neighbor is also complaining about loud music and his boyz hanging out in the parking lot. Could the tenant sue? Of course, anybody can sue anybody for anything. I don't think he would win. Besides, honestly he's likely not someone who's in a great position to work the legal system. It would be so much easier for him to rent somewhere else. But, it won't come to that anyway. The implied threat of eviction will likely make it all stop anyway, if the fact that he knows that I know he's doing it doesn't already make it too hot. Trajectory review: You can see the trajectories from the holes in the screen compared to the holes in the glass. Unperturbable: Yes, it's true. I take everything pretty coolly. Besides, I've had the last week to be pissed off in real life, to complain to the cop, to shake my fist as the building across the street, but I've calmed down since then. But, even when I'm angry I keep my head well enough to not go do something stupid. Which brings me to another point about demonization. We see it a lot on the bbs, especially in relationship threads where ex-girlfriends are villainized. I think it's a social positive in a way, where a poster is trying to empathize with another poster in an us-against-them dynamic. My situation is an us-against-them situation, but it's going overboard to say he lacks a moral compass, that he's a lowlife thug hell-bent on criminality, or imply he's like the Terminator who doesn't eat or sleep and will never stop until I am dead. I think he's evil like I am and does dumb stuff sometimes, like I do. Maybe he has less self-control and does dumber stuff than me, but it's not a difference in kind. I think he can repent and stop. I think he will, like most people, respond to sticks and carrots besides physical violence. It seems like some posters don't want to believe that anything else could work. Remembering his humanity, I think, expands the universe of possible solutions. I do understand people wanting to beat the guy up. That was my first emotion when I heard the shot. But, on the other side of the ethernet, one has the luxury of stopping and dwelling there. I have a problem to solve and I can't solve it if I'm too busy entertaining revenge fantasies. Revenge might feel good but doesn't give me the things I want most - safety and piece of mind for my family.
Serious question ....and this could help. If JV decided to retaliate (since the cops wont do ****) could he do so and claim "Castle Doctrine?" The guy shot at his wife & kids. Next time he does this, RETURN FIRE and if needed, claim "Castle Doctrine" or "Self Defense." You have to protect your family and get away with it and you clearly cannot rely on the landlord's veiled threats to do the job. In fact, once the landlord tells the tennant, I expect more incidents in retaliation to you contacting his landlord.
