Re: Police search? - Landlord Forum thread 345331

Re: Police search? by MrDan (GA) on May 30, 2016 @23:53

No it's not legal. A landlord cannot have a lease clause that requires the tenants to waive their rights, especially their 4th amendment rights.

The police do not have the right to enter just because a landlord tells them they can. As the tenant has a separate property interest in the premises and a separate expectation of privacy, only the tenant can consent to giving up those rights, not the landlord.

Adding clauses to a lease that are unenforceable or against public policy, is prohibited by your state law. Such lease clauses fall under the Consumer Fair Protection Act, which allows fines and penalties against any landlord who has such lease clauses.

The Police operate under the color of law and have immunity protection in most cases. The landlord has no such protection and can face criminal and civil charges and fines. State law also limits the reasons that a landlord may enter the tenants home and any violation can subject the landlord to penalties, such as in Florida, three time the monthly rent, court cost and the tenants attorney fees, which will surely be even greater then the penalties imposed.

And last, due to HUD's rule on criminal applicants, which also applies to lease renewals, non-renewing the tenant for suspicious drug activity would be a clear violation of the law. You would only be on safe ground ending the lease because of a conviction, since suspicions and arrest are clearly stated would not support a defense for a landlord who does violate the law.

Proper written rental criteria that meets HUD's rule on criminal applicants is a good defense to weed out potential bad tenants. Along with a very good 'Crime Free Rental Policy Addendum', then a landlord may have a legal, valid reason for eviction.

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