kruser
Premium
join:2002-06-01
Saint Louis, MO
clubs:
 ·AT&T Southwest
| reply to emptywig
Re: Global Crossing & Hurricane Electric looked other way ??
said by emptywig  :said by MyDogHsFleas :This is actually false. Tenants have considerable rights, depending on the state/city they live in. In many cases you cannot evict tenants because you have "investigated" and you believe they are doing something illegal, especially if they have a lease. In many cases you can't even evict them if they are convicted of a crime. To do so invites a large lawsuit. The lease says person won't engage in illegal activity on the property (network). They do. They're gone. If they want to argue, well then here are the police to arrest them for the illegal activity. The child-porn hosts can sue when they get out of prison. wig Who are you to say the activity was illegal? Are you the police? No, I did not think so.
I am a tenant in a fairly large apartment complex and it is usually quiet and peaceful.
However, a year or two back a female moved in and she was obviously dealing drugs from her apartment or she was a crack whore. Not sure but anyhow, about a week or two after she moved in the traffic in and out of the place picked up highly. We went from maybe four cars per hour to 20 cars per hour. The extra 16 cars were all traffic for her apartment. They were white and black males mostly and would stay for under 5 minutes while some would stay for longer and eventually a few would stay for days.
It was then that I said something as the guys coming over were badly dressed and looked like they had been up for days.
So the manager made note of my complaint and watched the traffic and verified that I was correct. She could not do anything however but the police were called and they started tracking the vehicles that came and went. This took about two months and they finally busted someone going in or out of her apartment and that bust activated the clause like yours that says you cannot use the apartment for illegal activities. Once that took place then the complex sent her a certified letter stating she had 30 days to vacate. She did but I've seen many that did not and the sheriff had to come in and throw them out.
So if you are really a landlord then you are doing illegal actions but I suspect you are not a landlord.
You sound like the guy down here that says he will throw you out if you put up a satellite dish on his property even though it is your area. The federal government gives you the right as a tenant to put up a dish so long as it is an exclusive use area of your rented apartment. So if you have say a balcony exclusive to you that faces south then you can put a dish on it regardless of what the lease papers say. It's called the OTARD law.
Sorry to be off topic here but this guy needs to learn in my book. |
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patcat88
join:2002-04-05
Jamaica, NY
| reply to knightmb
It depends on state. On some, by just filing meaningless appeals you can extend it to 6 months before the eviction crew comes. In others, there is no due process, 1 day after the rent is due you file papers, 2-3 days later illegal occupation notice is served, and eviction crew can come whenever they want (when confirmation that the illegal occupation notice was served). The eviction date itself is never told to the occupant. So from 1 day late on the rent, by the end of the month you can have a new tenent in there. BTW, all you belongings go on the street. |
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patcat88
join:2002-04-05
Jamaica, NY
| reply to emptywig
said by emptywig :The lease says person won't engage in illegal activity on the property (network). They do. They're gone. If they want to argue, well then here are the police to arrest them for the illegal activity. But the police aren't here. Only a court can make the declaration the illegal activity was done for the purpose of the lease, not you. McColo has excellent grounds to sue if they are innocent (probably not). |
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knightmb
Everybody Lies
join:2003-12-01
Franklin, TN
·AT&T DSL Service
| reply to mlundin
said by mlundin :I've seen it done first hand. Lawyer makes proper filings for an eviction, people tossed out by cops in about a week (during which they were in jail for armed robbery). Didn't appear too difficult aside from getting a lawyer. I don't know what state you live in, but that's totally false. First you file for eviction, then wait a while, go to court, the judge decides, gives them a max of 10 days to comply, then you can get the police to remove them. You don't need a lawyer to do this, anyone can (I have before) and even then you must have a good reason to tell the judge. In my case, it was lack of payment for the home, but a reason like "I think they are doing something illegal" would just be another court case and more time until the next trial to present your evidence before evicting them on top of another 10 days.
So I call BS on that.
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Jodokast96
R.I.P Bassman442
Premium
join:2005-11-23
Erial, NJ
·Verizon Online DSL
| reply to mlundin
Several things come into play there though. The first is most likely a default judgement being issued since the individual was not present at the hearing. If someone offers up a defense, it usually lengthens the process significantly. Second, without a clear violation of the lease, notice usually has to be given well in advance, 30-60 days. Third, a good evidence of a lease violation must be presented. |
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mlundin
join:2001-03-27
Lawrence, KS | reply to Jodokast96
I've seen it done first hand. Lawyer makes proper filings for an eviction, people tossed out by cops in about a week (during which they were in jail for armed robbery). Didn't appear too difficult aside from getting a lawyer. |
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DVOOR8
join:2001-12-24
USA
 ·Optimum Online
| reply to emptywig
said by emptywig :said by MyDogHsFleas :This is actually false. Tenants have considerable rights, depending on the state/city they live in. In many cases you cannot evict tenants because you have "investigated" and you believe they are doing something illegal, especially if they have a lease. In many cases you can't even evict them if they are convicted of a crime. To do so invites a large lawsuit. The lease says person won't engage in illegal activity on the property (network). They do. They're gone. If they want to argue, well then here are the police to arrest them for the illegal activity. The child-porn hosts can sue when they get out of prison. wig Boy you guys don't get it huh?
Thats all fine and good but the landlord CAN NOT make the determination, convict anyone, or prove that something illegal has been going on without an official legal conviction. The tenant would still need to found GUILTY of something, and that requites the authorities. |
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Jodokast96
R.I.P Bassman442
Premium
join:2005-11-23
Erial, NJ | reply to emptywig
Ever tried to have someone evicted? |
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emptywig
Huh? What?
Premium
join:2002-08-05
Pasadena, TX
| reply to MyDogHsFleas
said by MyDogHsFleas :This is actually false. Tenants have considerable rights, depending on the state/city they live in. In many cases you cannot evict tenants because you have "investigated" and you believe they are doing something illegal, especially if they have a lease. In many cases you can't even evict them if they are convicted of a crime. To do so invites a large lawsuit. The lease says person won't engage in illegal activity on the property (network). They do. They're gone. If they want to argue, well then here are the police to arrest them for the illegal activity.
The child-porn hosts can sue when they get out of prison.
wig
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Please keep your f---ing religion to yourself. |
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MyDogHsFleas
Premium
join:2007-08-15
Austin, TX
 ·AT&T U-Verse
·AT&T Southwest
| reply to emptywig
said by emptywig :The idea that you MUST wait for law enforcement is ridiculous. If I am a landlord and someone notifies me(or I become aware in whatever manner) that one of my tenants is engaging in illegal activity on my property, then I am ABSOLUTELY obligated to investigate such activity and I am well within my rights to throw the f**k out anyone whom I find to be engaged in such. This is actually false. Tenants have considerable rights, depending on the state/city they live in. In many cases you cannot evict tenants because you have "investigated" and you believe they are doing something illegal, especially if they have a lease. In many cases you can't even evict them if they are convicted of a crime. To do so invites a large lawsuit. |
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