Occupied Day 19

Here’s how these things work:

The lawyer sends a letter to the person unlawfully in the property. He gives a specific date to leave by, or be evicted. The person either leaves, or doesn’t.

The “leave by” date can be as soon as five days if the person owes rent, or two weeks, which is considered reasonable by most courts. These times vary according to case specifics.

Then the lawyer (or landlord, but I’m using a lawyer) goes to the General Court and gets an eviction notice. This part gets interesting. If you don’t put an amount of money the person unlawfully in your place needs to pay as damages, you can get caught in something you don’t see coming. This is what happened to me the first time when I filed by myself without legal help.

A person who is evicted by the general court has about 10 days to get out, depending on circumstances. But if they want to appeal in Circuit Court, they can pay the damages and then appeal. So if you don’t put any damages down, they can appeal immediately and those cases can spin for literally months, said the nice lady at the General Court. She’s the one who explained I would need to seek damages. That became a catch-22, but her advice was sound.

So now we go back to court on Monday, and file for a court date to serve a formal eviction. This close to the holidays, we are hoping for before Christmas, but we shall see. Last time I got one within 10 days, which was a pleasant surprise. But because my earlier letter telling the guy to do the work or leave didn’t mention money, the judge ruled that the eviction didn’t match the original letter and shouldn’t have been served. So we had to start over.

Now that it’s all been done with proper legal attention (and fees paid) we go to court pretty close to Christmas, and all being correct he should be out for the New Year.

I have sage waiting to smudge the place. And prayers for new beginnings for all of us.

Honestly, I feel for the guy. He’s blown so many of his chances, and now he’s blowing this. Big time. I would have used the thousand dollars I gave the lawyer to get him into a shelter housing place. But not now. This has to end.

We can talk more about the details later, but that’s the legal skinny at this time.

And the number of people who have contacted my privately, or stopped me in town, and said, “This happened to me/my mother/my son” is astounding. That’s why I am documenting the emotions and activities now, and why I’ll probably pitch this as a book later. It’s a near universal experience: invite somebody in, and they turn out to be the big bad wolf dressed as grandma. Be careful out there. Compassion and carefulness don’t need to be at odds with each other.

When it becomes Personal

Appalachia is known as the epicenter of the substance use/opioid/painkiller/stopfightingaboutwhattocallitandjustfuckingfightitokay crisis. It has recently come home in a personal way.

Most of you know that Jack got very sick over the summer. And that we had someone working our property (mowing, cutting firewood, some garden assistance) in return for housing on some land we own out in the county. The land has a cute little home on it, and after a month of hiring this guy for money, and being pleased by his work ethic and his investment in his own sobriety, we invited him to live there in a rent-for-work deal.

Don’t think us naive; this guy was the protegee of a beloved friend who also believed in his personal investment in his own future. And we all know what happened, right?

Right. And included in what happened is what’s happening to the house. It is bad. So here we are, six months after the great start, with our house wrecked and a terrible need to evict him. We tried HARD not to evict him, because for someone with a felony, adding a court ordered eviction could result in losing freedom at worst, or means landlords won’t even consider him at best. All this we tried to say to his case manager, who turned out to be a 20-something drunk on the power of his own misinformation. That meeting resulted in this poor guy formally getting the court notification of eviction we had tried to avoid–and a formal complaint against the bumptious case worker.

Stuck doing something we don’t want to do to a nice guy when he’s in charge of himself, I am trying to sort some complicated feelings.

1) Was I naive to enter this agreement? The guy was so self-invested, so sensible. But he went back to work in a hotbed of drug activity, partly because entry jobs tend to be those kind of places, and partly because coming out of prison limits options. So the slow slide might have been inevitable unless I was willing to act not only as his landlord, but his dorm mom. I did not want to do that, and here we are.

2) What wrecks a promising, intelligent, kind-hearted human? This kid could not catch a break. Born from a forced sexual encounter, raised in what he described as a dealing family, unable to sit still in school long enough to complete an education, and never accountable other than punishment. Never rehab, only punishment. And so it goes. But I saw this guy, when Jack came home from the hospital with a bewildering, frightening collection of machines, tubes, and valves, take them from my shaking hands, and give Jack his first (and subsequent) nebulizer treatments. My friend who told me it would be safe to have him stay as our tenant had seen similar care of her elderly husband. This guy would have made the world’s greatest nurse.

3) Why do people who know what it did to them get out of substance use, then go back? I asked him once, did he miss anything from his former lifestyle. (Naive question: he was already back into it.) He said doing certain drugs made him feel like Einstein, his brain could work so fast and so well. And that the world was made for the strong to survive, which is why disagreements were settled with fists rather than talking things out.

4) What happens now? We all lose. He’s being evicted. He may or may not be in active use, but someone has been doing lines on the table at the county property. We are losing our winter help, which is the least of my concerns. We are watching a gifted, capable, competent human being choose all the things that are wrong for him, and because we evicted him, we are the enemy who cannot help further.

And so it goes. There is no one in Appalachia who has not been touched in a personal way by the substance use disorder crisis. But sometimes personal gets right down into your soul and lies there, burning. Because you can’t help.