Friday, January 01, 2016

Use Of 'Self-Help' Eviction Remedy Lands Landlord In Jail; Spraying Fire Extinguisher In Elderly Tenant's Face In Attempt To Give Him The Boot Goes Way Over The Line: Cops

In Corpus Christi, Texas, KZTV-TV Channel 10 reports:
  • A landlord tries to evict a man from his apartment but ends up behind bars. Corpus Christi police department officers say 66-year-old Ronald Byars was trying to get the guy out of the apartment [].

    Some bad words were exchanged, but then cops say Byars sprayed the tenant in the face with a fire extinguisher twice!

    Cops called to the house reported the victim was having difficulty breathing and was treated at the scene.

    Byars was arrested for injury to elderly.
Source: Landlord accused of assaulting tenant with fire extinguisher.

Editor's Note: While the use by real property owners of the common law remedy of self-help to boot their unwanted tenants or other occupants has generally been abolished throughout the United States, there may still be limited 'opportunities' to employ such a remedy, if done peaceably, in certain narrow circumstances (at least in the state of Maryland). See, for example, Maryland High Court: Centuries-Old 'Self-Help' Remedy OK When Booting Holdover Homeowners Post-Foreclosure Sale, But Handle Occupants' Personal Property With Care.