How does that work exactly? If I go into a neighborhood that touts itself as “crime free”, and do a B&E, then, well, the hood is NOT crime free, is it?
Same with schools that boast signs all over proclaiming them to be “a drug free school zone”. Hey, I’m all for kids being drug free and all, but how can they claim the area is, in fact, “drug free”? How do they know for sure that some kid isn’t strolling around with a joint in his pocket? Just seems like wishful thinking to me.
I would think that the landlord needs to start an eviction process – it’s dangerous to start speculating about throwing his stuff out. I can’t imagine how you could put his stuff in storage at HIS expense, not can I imagine renting a locker with the expectation that he’ll pay you back later.
I think all this property and access questions are really issues for the landlord to deal with, not you.
neutron star:
Move out. It’s really your only option. Your friend/Landlord must now go through a lengthy evition process, and all during that process your stff- and more importantly you- are not going to be safe.
Yes, it does sort of screw over your freind, but he should have posted a 30 day eviction notice the day this started. Besides if he is really your frend, your safety will take precedence over his money.
No one’s claiming that these zones actually are crime-free, just that legal steps have been taken to help make them more so.
I would be surprised if this local ordinace absolved them from compliance with state landlord tenant laws.
It may not take 30 days. I’ll have to do some digging, but I’m fairly sure there’s a mechanism in place for those tenants who are arrested and likely to spend some time in jail. In fact, I’m willing to bet there was some discussion with Dave’s probation officer during the investigation process, and it’s not unlikely that Dave’s probation will be revoked and he’ll be sent to prison anyway.
I’ll do the research later and report back.
Robin
In Georgia, I know that a landlord must post an eviction notice and at the end of that period (probably 30 days), if the tenant is still in the house, they go to Magistrate Court. The court will then rule one way or another - in this case I’m sure in the landlord’s favor and will then give another 3 days notice to vacate the premises. If the tenant still does not leave, the landlord can call the sheriff’s department to come and supervise the removal of the tenant’s belongings - at the landlord’s expense. However, the judge I heard ruling on one such case didn’t say anything about having to store the belongings. I think your friend needs to check with the local courts and/or an attorney ASAP to see what the laws are there.
I think the Statute of Frauds prohibits oral leases. Maybe some jurisdictions vary but typically when transfering an interest in real property (lease) the contract must involve a signed writing (signed by the party sought to be bound). Frankly I can’t see how some “crime free” ordinance could survive constitutional challenge. (Sex offender statutes excepted- even those statutes don’t prohibit an offender owning or leasing property but restrict their ability to reside in certain defined location) Certainly government assisted housing can exclude felons, but I don’t see how the statute could cover individuals not party to government assistence.
Aren’t most leases automatically voided and nullified by illegal activity on the premises? He stole and hid the checkbook on the premises (or is a mailbox Federal property? Well, he hid it on the premises). That’s been a clause in every lease I’ve signed (it’s why I always operate my meth lab/dog fight betting ring a full foot over the property line) and I would assume it’s an implicit term in oral leases.
My understanding of the SOF is that leases of a year or more MUST be in writing to be enforceable. Leases less than a year CAN be oral and are valid.
Neutron, if you haven’t already done so, you really need to insist that your friend/landlord issue an eviction notice RIGHT NOW. TODAY.
Next, you need to secure a restraining order against Dave. That will prohibit him from entering the house.
Finally, your landlord must contact the sherrif asap w/regard to Dave’s stuff.
I think that for contracts that cannot be executed within one year that is true but if it involves real property, it does not matter how long, it must be in writing.
MYLEGS
Marriage
Year or longer
Land- Lease of a house involves an interest in the real property it sits on.
Executor
Goods over some amount
S can’t remember S
Such clauses are invalid in some states. In New Hampshire, any clause in a lease that requires a tenant to waive rights protected by state law, is null and void. Landlords try to slip all kinds of self-serving crap into leases though, even though it cannot be enforced in court.
Pennsylvania recognizes month-to-month leases, which can be terminated by 30 days’ notice by either landlord or tenant. Just so’s you know.
That said, Dave can be construed as “abandoning” the premises. (Pennsylvania law requires “plain language” in leases, so “abandonment” is what it means.) The question then becomes whether the district justice can waive any waiting period. And if I’m reading this right, I’m not even sure there is a waiting period involved with abandonment. (This is what I’m looking at.)
In any event, I sent an e-mail to a friend who is a landlord and who has contacts in the DJ’s office where she lives. You’ll know when I do.
Robin
That’s great. Thank you for your research.
Thanks everyone for the eviction advice (especially Robin for the legwork!)but it’s looking like we probably won’t need it.
When I woke up tonight, I found that a note had been slipped under the front door, signed for, apparently, by a female relative of Dave’s. It asked us not to throw his stuff out and said that she’d be by next week to pick it all up.
He doesn’t really have much anyway - an Xbox, some DVDs, and some cheap clothing. It should all fit easily in a trash bag.
From my experience with Dave, I can’t really see him getting vindictive or wanting to move back in. When he realizes that he did something stupid and that he’s been caught dead-to-rights, well, he’ll deny it at first, but once it does sink into his thick head, he gets pretty embarrassed about what he did.
I slept exceptionally long today for some reason, so not much really happened. I didn’t get a chance to call the cops back.
I’ll upload that video at some point tomorrow. Friend still has the camera. I saw him tonight, but not until right before I left for work.
Thank Gfactor for finding the lease I cited. I just interpreted it.
Robin
Gotcha. Thank you much as well, Gfactor.
Make sure that Dave’s stuff is really Dave’s stuff, not yours. Make sure your SSN or other info aren’t in it before you turn it over. Photograph it before you hand it over so there’s no question of your having done so.
Yeah, I’m going to have to be there when this lady (mother? sister? aunt? I don’t know) comes over because I doubt she’ll know exactly what’s his. Everything else in the room belongs to my friend and I know what’s his.
“If it looks like it’s worth more than five dollars, it’s probably not Dave’s” is a good rule to go by. Dave ate from paper plates with plastic utensils and drank from plastic cups. He barely owns anything at all.
Write on the other side of the note: “Piss off!” and then slide it under the relative’s door.
I strongly urge you to touch nothing of Dave’s unless it had already been placed in your room by Dave. Let the clearance be done by the landlord and/or building manager.
Cool!