Evicted for self defense

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Vonz90
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Evicted for self defense

Post by Vonz90 »

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Yogimus
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Re: Evicted for self defense

Post by Yogimus »

"Bought a gun to shoot the motherfucker tomorrow" would be a better description of the events as they unfolded
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skb12172
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Re: Evicted for self defense

Post by skb12172 »

He may have to seek remedy in federal court, but Mr. Limbo is going to win this one. Since they are also in violation of the state constitution, state court should suffice, though he may have to take it a few steps up the ladder.
There must be an end to this intimidation by those who come to this great country, but reject its culture.
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Netpackrat
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Re: Evicted for self defense

Post by Netpackrat »

Yogimus wrote:"Bought a gun to shoot the motherfucker tomorrow" would be a better description of the events as they unfolded
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Greg
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Re: Evicted for self defense

Post by Greg »

Yogimus wrote:"Bought a gun to shoot the motherfucker tomorrow" would be a better description of the events as they unfolded
Even the thieves in Maine still show old-fashioned Yankee workmanship - they're conscientious and thorough, and they work absolutely on schedule.
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Langenator
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Re: Evicted for self defense

Post by Langenator »

Way I see it, the case is pretty simple: if the lease says "no guns", then the landlord is right. It's their property, and they set the terms of use. Once both the landlord and tenant have agreed to those terms, in the form of the lease contact, both parties must abide by the agreed upon terms.

Now, if the lease doesn't say no guns, and the landlord is using some vague language to evict the tenant for shooting the burglar, then the tenant probably has a case.
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Greg
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Re: Evicted for self defense

Post by Greg »

Langenator wrote:Way I see it, the case is pretty simple: if the lease says "no guns", then the landlord is right. It's their property, and they set the terms of use. Once both the landlord and tenant have agreed to those terms, in the form of the lease contact, both parties must advise by the agreed upon terms.

Now, if the lease doesn't say no guns, and the landlord is using some vague language to evict the tenant for shooting the burglar, then the tenant probably had a case.
Depending on state law, it may not matter what's in the lease.

I'm not sure about Maine (but remember it's a blue state in New England!) but a number of states have extensive bodies of law to protect tenants in various situations from various things, taking precedence over what's in any lease, or even if there's no lease, or the tenant isn't even *on* the lease. It's 'tenants' right law', produced by the 'tenants' rights movement'.

When I lived in MA I had a gf who interned for a fairly well-known tenants' rights lawyer. It was interesting, hearing about her 'work'.
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evan price
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Re: Evicted for self defense

Post by evan price »

In Ohio, we have a specific law on the books that prohibits landlords from banning chl holders from having guns.
(b) A landlord may not prohibit or restrict a tenant who is a licensee and who on or after September 9, 2008, enters into a rental agreement with the landlord for the use of residential premises, and the tenant's guest while the tenant is present, from lawfully carrying or possessing a handgun on those residential premises.
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Aesop
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Re: Evicted for self defense

Post by Aesop »

Any tenant lease which attempts to abrogate a tenant's civil rights (which would have to include their Second Amendment rights) is almost certainly a violation of the Federal Fair Housing Act, and probably also a federal felony, if anyone can get HUD or a U.S. attorney interested.
Any state legal code which attempted to protect the landlord against tenants exercising their civil rights would also be illegal under the Fourteenth Amendment, and kicked so far out of the federal courthouse it wouldn't hit the steps on the way to the nearest shitcan. Tenant's lawyers would be circling like buzzards for miles to pick the bones off of that case.

The landlord should STFU, drop the suit, and apologize profusely while he has the chance.
Or some sharp-eared law firm will class-action him right out of business, and divide said landlord's former properties with his current tenants in a 66.6/33.3 split, in 3, 2,...
:lol:

While one may legally sign away any and all civil rights because they're fucktardedly ignorant, the landlord isn't legally entitled to enforce such an illegal contract, any more than they can enact slavery, produce child pornography, or run a meth lab, attempting to use the private property shield as carte blanche.
It's your property to conduct legal business; it's not your own medieval fiefdom, particularly given that there's an entire cabinet agency's worth of federal code on the subject of housing.

This case is nearly as stupid as the fellow who complained to the cops because a drug dealer sold him fake heroin.
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skb12172
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Re: Evicted for self defense

Post by skb12172 »

Aesop beat me to it. You can't sign away your constitutional rights. This is well-established case law.
There must be an end to this intimidation by those who come to this great country, but reject its culture.
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