Too drunk to be evicted

33 Replies

Just when I thought I had seen it all. 

In court today trying to evict an inherited tenant in a managed unit. The judge actually continued the hearing a week as the tenant was deemed incapable of making sound decisions due to the fact that he arrived heavily intoxicated. 

If the tenant had arrived sober the landlord would have prevailed and the tenant evicted....but because he could barely hold himself upright he lives to see at least one more week of free rent.

It's a crazy world we operate in.

Originally posted by @Cody L. :

I assume liberal state?

That wouldn't have happened in Texas

Liberal but better than many other states. I would have said "no chance it would happen here" either until I witnessed it today. We'll get'em next week...I hope.

Originally posted by @Ryan Murdock :
Originally posted by @Cody L.:

I assume liberal state?

That wouldn't have happened in Texas

Liberal but better than many other states. I would have said "no chance it would happen here" either until I witnessed it today. We'll get'em next week...I hope.

Best of luck my friend! 

So much for the courts holding individuals accountable for their actions.... but if that was a landlord, could you imagine the public response?  I hope your case is resolved quickly. 

He would have been arrested for public intoxication in SC.  Hopefully, sitting here with a cold one on my end table does not make me a hypocrite...

I had that happen court once.  The judge set the court for next week, but held the guy in jail until then to make sure he was sober for the next hearing.  Yep, he was.

@Ryan Murdock keep us posted next week. Does he get penalized for showing up drunk? Its just crazy to see that there aren't any repercussions for acting like that. If the shoe was on the other foot and that was you who showed up drunk this would have been a different story. Good luck

@Bob B.

Originally posted by @David Faulkner :

So lesson learned I guess is that if you are ever up against some serious charges, then just get really hammered before going to court.

 Or at the closing table of a deal you really wish you didn't agree to do.  

Sorry!  Too schnockered!

Originally posted by @Steve Vaughan :
Originally posted by @David Faulkner:

So lesson learned I guess is that if you are ever up against some serious charges, then just get really hammered before going to court.

 Or at the closing table of a deal you really wish you didn't agree to do.  

Sorry!  Too schnockered!

 "To Alcohol! The cause of ... and solution to ... all of life's problems" - Homer Simpson

@Ryan Murdock    I can explain it.  Under Maine law the person has to be drunk in a public place voluntarily.  For example, a person cannot be ordered out of their home and then be arrested outside their home for public intoxication.

Before the haters start, this is not legal advice and I did not write the law.  If you do not believe me just google it.

No idea of the other facts involved and the history involved with this tenant and previous landlord, but do you think the judge was looking at this as the alcoholism disease that you cannot discriminate against??? My opinion is the guy should be gone asap but the main goal now for you is finding out why exactly the judge extended this and the solution for you to get this done.

I feel your pain.  I am starting an eviction now which is going to end up being painful.   I am in a region where it takes a long time to evict.  And they usually don't throw people out in the winter.

I had a judge continue a case because the tenant brought their very young child to court.  Judge lambasted the tenant for 20 minutes about having somebody come get the child, how did he think they could possibly have a hearing with a child in the courtroom, did he not understand that no children are permitted in the courtroom, etc.

Judge continued until the next day and told the tenant that if they brought their child again, the judge would not permit the hearing to happen and the tenant would be considered as a no-show.

Suddenly the tenant who couldn't find a sitter was suddenly able to do so.