Is it legal to evit a sex offender?
About a month ago a recived a "warning" sayign there was a sex offender living down the street. He plead guilty to Gross sexual imposition. Today i recieved a letter the landlord is trying to kick him and his 6 month pregnant girlfriend out of the house because a few neighbors or worried. is that legal?
Answers:
That depends. If a tenant has a lease, he then has a binding contract with the landlord and cannot legally be kicked out unless he violates it's terms, or if it expires and there's no provision for it to automatically renew. Many leases allow a tenant to be removed for engaging in certain kinds of criminal activity.
On the other hand, if the landlord is renting out the unit "month-to-month" (where there is no lease), he can evict a tenant for any reason he wishes so long as it's not a reason specifically prohibited by the housing laws (i.e. discrimination against race, gender, age, handicap, religion, or marital status). All the landlord needs to do in that case is give the tenant sufficient notice to move (which is 30 days here in New York, but differs from state-to-state).
Personally, I think that landlord is wasting his time. It's really the UNregistered sex offenders people should be worried about.
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Unless they've broken the lease in some way, I don't believe the landlord can evict them..
if the landlord doesnt want felonies in his building then he doenst have to. But he should have found out that information before he rented to them
I believe that if he is registered then he cant be in so many feet of school and places like that but I don't think he can be evicted without just cause. But he must be registered or can go back to jail.
Nope, it's called discrimination.
I wouldn't want them around my neighborhood either, but we don't get that choice. Usually they don't stay in one place too long once they've been "outed" because neighbors make it very uncomfortable for them to stay.
Well, I don't know what state you live in, but usually landlords may "evict" someone who has broken the lease pursuant to its terms. As a landowner and a contracting party, however, the landlord could choose to break its lease (with the consequence that the landlord would be liable for the tenant's damages, including moving expenses and any difference in rent the tenant would have to pay to get a comparable place in a comparable neighborhood). The tenant may also seek "specific performance" of the agreement to require that the landlord allow him to rent the place for the term of the lease.
"Discrimination" usually requires that a landlord refuse to rent or otherwise harass a tenant on the basis of their age, gender, race, ethnicity, religion, and in some places sexual orientation. Criminal record IS a basis to refuse to rent to someone. The problem is that the lease is signed.
To the extent that the lease required the tenant to affirm that he didn't have a criminal record, or felonies, or wasn't a sex offender, the landlord may be able to terminate the lease on the basis that the tenant made material omissions or misrepresentations in the application or in the lease. But otherwise, the landlord could probably be taken to court adn have to pay damages (or even be enjoined from "evicting" the tenant).
He could not evict them in the true sense of the word. That can only be done for breaking the contract somehow. Depending on the terms of their lease, however, he could legally give them 30-days notice that he was terminating the lease.
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