Judge and attorneys in virtual court.
A tenant facing eviction does not have to immediately part with his home — provided he parts with his machete.
So ruled Superior Court Judge Anthony Avallone this past Thursday in a virtual housing court hearing.
He allowed the owners of Bella Vista to evict a tenant, but gave the tenant some time to move out provided he follow some safety guidelines.
Bella Vista’s Carabetta Management Co., represented by attorney Herbert Reckmeyer, originally sought to evict a tenant named Ronald, represented by attorney Jerald Barber, for committing a “serious nuisance” by allegedly swinging the machete near other tenants and putting the machete up to the throat of one, “asking if she wanted to feel it.”
Avallone continued the case until March 25, so as to hear evidence regarding Ronald’s mental condition. But the two parties agreed to a stipulation, which Judge Avallone ultimately granted. The stipulation states that Ronald will vacate the apartment at the end of May 2021, pay use and occupancy fees of $585 each month, and agree not to file any further pleas.
Notably, the stipulation adds that, should Ronald regain possession of the machete at any point — it is currently in police custody — he will immediately give it to his counsel. He also agrees that “he will not disturb the quiet enjoyment of his neighbors” for the duration of his stay of execution.
Avallone granted the stipulation.
“Congratulations on working it out,” he told the two parties before ending the hearing.
The machete remains in the custody of the police. Ronald agreed that if the police return it, he will hand it over to his attorney.