Re: Eviction for brandishing a firearm?

Re: Eviction for brandishing a firearm? by OK-LL on June 15, 2012 @15:52

Yes, it is common for owners of private property (think businesses, employers, etc.) to ban handguns and other weapons and it does not violate the right to bear arms, you can bear arms -- just not at this location. We now have an open carry law in OK, and most private property (businesses that invite the public in) still ban firearms.

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arm and drugs by Agni (Pa) on June 15, 2012 @16:55	[ Reply ]

I have in my lease printed in red no weapons no drugs...but i am wondering if the tenant deals drugs it will protect me from loosing a house...

Re: arm and drugs by LL (CA) on June 15, 2012 @23:09	[ Reply ]

That's an interesting question, Agni. But if a LL knows that his tenant is dealing drugs and does nothing about it, could it be considered that he is profiting from illegal drug trafficking? That's one for a lawer. :)

Re: arm and drugs by Nicole (PA) on June 16, 2012 @08:10	[ Reply ]

PA has a statute that says something along the lines if drugs are being dealt out of a building or vehicle, that building or vehicle can be seized by the drug task force, auctioned off and the proceeds of the sale "donated" to the task force - hence all their high tech, commando equipment they "need" - A LOT of unaccounted for monies that get spent on cell phones for the wives, etc. I believe they snatch the car when it belongs to the drug dealer. If he's driving grandma's Buick and she is totally clueless, I believe they give her a one time break. As for properties, again, I believe they do notify the property owner after they bust down the doors and bust the place up but again, twice, it's gone. Also, the US Marshalls seize real estate and auction it off when it has been used for illegal purposes.

Re: arm and drugs by Jake on June 16, 2012 @11:11	[ Reply ]

"i am wondering if the tenant deals drugs it will protect me from loosing a house" You are only likely to lose a house if you know the activity is taking place and do nothing and especially if you are a part of it.

JmjJkqXlpid by Kenneth (MyVNrHMlFNSxHyX) on November 27, 2012 @03:36	[ Reply ]

Aylward v Fawaz (1997) 29 HLR 408, CA may be the case to which you refer where the court accepted a scteion 21 as a break notice.I find that with break clauses you have to look (or listen) very carefully to see if it is to end the tenancy or to give notice after a stated time. Your example seems pretty clear that the measure is the end of the tenancy, not restricting when the notice is given.I hope the tenant has the same break clause to avoid problems of Unfair Terms In Consumer Contract Regulations!

Re: arm and drugs by OK-LL on June 17, 2012 @11:01	[ Reply ]

In most cases, no that lease clause will not protect your property from seizure. The seizure action is not being taken against you, the LL, it is being filed against the real estate. Therefore, the LL's intent is not pertinent to the seizure, so it doesn't matter that you intended the tenant's not to deal drugs. The property was a material "participant" in the drug activity and is subject to seizure without regard to the owner's intentions.