Legal Question in Landlord & Tenant Law in Oklahoma

My brother and his girlfriend are "drifters". They ran out of places to stay about 4 or 5 months ago. I offered to let them stay with me for a little while. Yesterday I woke up to a threatening text message sent by my brother. (still do not understand why) I then told them I did not want them in my home anymore. They did not take anything of theirs, only took the gun I keep for protection. (I am a female and usually live alone) My brother had called several times after they left threatening to either take my life himself or have someone else take my life. Without involving the police, my mother was able to get the gun from them. (I had my front door lock changed a few hours later) Everything had settled down after my mother had told them that they could pick up their belongs when my mother or father were present, due to threats made. Today My brother called and asked to pick his things up, I told him I would see if either of my parents would come over, and if so then he could. He was upset by this and instead came anyways. I had left to go to the store, when I came back they had found a key to the backdoor and "broke in" I called 911. Police came shortly after. I tried to explain my side to the officer, he informed me they could not be arrested for breaking in due to the fact that they had "lived" here. I mentioned the threats and that I wanted someone with me at the house while they gathered their belongs. (In no way was I trying to keep them from their things) My brother's girlfriend then got upset and told the officer that I had put a gun to my brother's head the day before. (I never pointed any gun at my brother) He then no longer wished to speak to me, but informed me that I needed to stay outside while they packed their things. He also would not let me file a report for the threats. (He was now viewing me as the suspect and not a victim) Anyways, since I had to wait outside, I am now missing several items and seems like the police don't want to help. I am scared because of the threats that were made, due to the fact my brother has been violent towards me in the past. I need legal advice of what I am able to do. I am worried that if I file for a protective order, my brother and his girlfriend will use the "she pulled a gun on me" line. I was also told I could not change anymore locks for a month, due to since they live in my house, that I would have to legally evict them which would give them a month to come and go as they please. Please let me know what some of my options are. Thank you.


Asked on 11/02/09, 12:59 am

1 Answer from Attorneys

First of all, I am not sure what the facts are, but in case they are facts, I must be frank and honest to you. It is apparent that you have made several bad decisions from the start: (1) If the two individuals are drifters, this should become your red flag, 2. After threats were made and your gun stolen, you should have immediately filed a police report. Even if he is your brother. This especially applies if he has demonstrated violence.in the past and confiscated your weapon. This weapon have been used in a crime. If he had used the gun, you would have been a suspect in that crime. If you had established these police reports in the beginning you would not be faced with suspiciousz. Instead a history would have been created. But, you gave them a helping hand by leaving this opportunity wide open to the pair.

Even, if the police did not react to the situation, these reports would have established a pattern of behavior that could be used to support otherr incidents and support your restraining order, (3) You must understand this: inspite of the fact a person is a relative, it is the other persons choices, good or bad, that may or may not estabilish your relationships. The choices of an determines the content of a person's character, not blood, (4) Whether a person has the rights to a premises should depend on whether or not they are listed on the lease agreement. The law allows up to two weeks stay in determining the individual to be a legal tenant. Perhaps this could have been taken in consideration with the police. However, in the absence of a police report outlining the facts, there is very little the police can do.

Finally, whoever told you that you could not change locks is incorrect. If you feel, or know, that your life is in danger, you should give a letter to the landlord or owner outlining why had to make this decision to change the locks. The issue is to whether YOU feel you are in danger have this need to feel protected. Secondly, you cant ask your mother to complete a notorized affidavit statement establishing the facts about the gun and to bear witness regarding the confiscation and use of the gun. This affidavit should include the time and dates the gun was removed and was retrieved from your brother. Then, you must file a police report regarding the thiefs and other items removed from the dwelling and attach this statement from your mother. You must establish these police reports and keep track of them. It would help to inform the landlord why you are making this decision, which is to start documenting this behavior and to pestablish a pattern of behavior, with or without, actual intervention by the police.

Other options can include the legal eviction. This is due to the length of their stay. Your reports will also support your protection order. In the meantime, try to avoid any other interaction or conversations with this pair. This interaction will create an opportunity to do or say something that can be used against you. You do not have to discuss anything with anyone while you exercising your rights.

Now that their belonging have been removed, they (your brother and girlfriend) ivoluntarily complied to the request to vacate. As such, they do not have the right to go as they please and it is never to late to correct bad decisions. I hope this helps and forgive me for the long response.

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Answered on 11/07/09, 1:27 pm


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