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    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #1

    Aug 25, 2016, 06:08 AM
    Renting Your Property
    Mrs. Gomez rents out three apartments. Despite asking the tenants to fill out a background application, she was told some parts of the applications violated privacy laws. So she took in these people on trust and face value.
    Now she has learned all three have criminal records. But they have served their time.
    One for drugs, one was pedophile and the other for theft. The local judge has warned Mrs. Gomez she cannot remove these people from her property without just cause because of the discrimination laws.
    In the meantime, she has shipped her granddaughter to another state. And hopes the judge doesnít rescind that decision.
    Mrs. Gomez hasnít slept very well. And regrets she rents out her property in the first place.
    I guess there isnít thing you can do.
    tickle's Avatar
    tickle Posts: 23,801, Reputation: 2674
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    #2

    Aug 25, 2016, 06:14 AM
    What does her granddaughter have to do with this ?
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #3

    Aug 25, 2016, 06:24 AM
    She just lives with her grandmother at this residence. She is 5 years old.
    J_9's Avatar
    J_9 Posts: 40,299, Reputation: 5645
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    #4

    Aug 25, 2016, 06:39 AM
    But she "shipped her granddaughter to another state," so there shouldn't be a problem.
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #5

    Aug 25, 2016, 07:50 AM
    So far so good. Thank you
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Aug 25, 2016, 07:58 AM
    I question the statement by the judge that "she cannot remove these people from her property without just cause because of the discrimination laws". I don't know what jurisdiction this is, but to my knowledge there are no such laws in most places in the US. Do they have leases?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 25, 2016, 08:34 AM
    I suspect the judge said discrimination laws to make it more understandable. But what was really meant was just cause. She entered into an agreement with these tenants. She screwed up by not doing background checks. I question what was on the application that supposedly violated privacy laws, since there are really no such thing as privacy laws. Almost all laws that govern what can be asked on an application refer discrimination laws.

    But the point is now that she entered into the agreement, unless they do something to violate the lease, she can't evict them. She does not, however, have to renew their lease.
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #8

    Aug 25, 2016, 09:35 AM
    As far as the background application the narrative showed signs of unreasonable intrusion of seclusion of a person rights.

    The convicted felonies demanded equal protection of disparate treatment
    Of the same condition of equal person in the same situation.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Aug 25, 2016, 10:48 AM
    Quote Originally Posted by pastor1189 View Post
    As far as the background application the narrative showed signs of unreasonable intrusion of seclusion of a person rights.

    The convicted felonies demanded equal protection of disparate treatment
    Of the same condition of equal person in the same situation.
    And that means what? Who told you/her that? Sounds like a load of BS. What, specific questions were objected to? Where did she get the application. Why couldn't they just have declined to answer those questions? Sounds like a put up job to me. Sounds like they knew they could intimidate her.
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #10

    Aug 25, 2016, 11:57 AM
    Yes I am in that opinion too. Very complicated for a unsophisticated women.
    They wouldn't fill out the applications they told her it was bias against them.
    They did declined. However so far everything is going fine. She is just a bit apprehensive.
    I guess we must trust. Be kind to one another, forgiving one another,as God forgave.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #11

    Aug 25, 2016, 12:11 PM
    She needs see if there is a landlords association in her area and join it. They can probably provide her with a legally acceptable rental application. They may be able to do the background checks for her.

    So if a future tenant complains about the application she tells them that this is legally acceptable in the state, if they don't want to fill it out that's their prerogative, but she will not rent to anyone that has not been vetted. We've seen too many horror stories of unsuspecting landlords getting shafted by unscrupulous tenants.
    pastor1189's Avatar
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    #12

    Aug 25, 2016, 12:22 PM
    That is wonderful information. I will let her know. Thanks again
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    Fr_Chuck Posts: 81,304, Reputation: 7692
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    #13

    Aug 25, 2016, 05:43 PM
    On there on month to month rental ? Or on a lease ?
    If month to month, is there a rental rental agreement?

    Lesson learned, if they do not fill out the application, don't rent to them, don't be so eager to rent, you rent to the wrong people.

    There are lots of reasons to evict people, for all sorts of violations. If they lied on their rental application. As an example, have you ever been convicted of a felony, if they left it blank, then they could be perhaps evicted for lying on their application.

    Time for a rental attorney who will know all sorts of ways to evict.
    pastor1189's Avatar
    pastor1189 Posts: 1,538, Reputation: 3
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    #14

    Aug 26, 2016, 03:09 AM
    No lease. I guess they scared Mrs. Gomez with Title VII act against discrimination.
    So she just caved in to the pressure. I am glad I am not a landlord
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Aug 26, 2016, 03:13 AM
    If there is no lease, then she should be able to give them 30 days notice that she is terminating their tenancy.
    pastor1189's Avatar
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    #16

    Aug 26, 2016, 03:33 AM
    Thank You
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    dontknownuthin Posts: 2,910, Reputation: 751
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    #17

    Aug 26, 2016, 02:01 PM
    I don't know of states where a criminal background check cannot be done as a condition of renting an apartment. I also don't know that a convicted pedophile would typically be permitted to move into an apartment in proximity to a 5 year old child. Normally they must stay a particular distance from children and cannot live with children.

    It seems she needs an attorney to tell her what her actual rights are and to learn whether she can simply refuse to renew the leases when they end.

    She sounds ill informed and unrepresented.

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