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News rental law?? :rant2:

Discussion in 'Off Topic' started by Denver Rolla, Oct 26, 2006.

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    Denver Rolla 98 impreza

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    rental law?? :rant2:

    so I have these new (people) down stairs from me at my complex, now I call them new because they moved in last wednesday the 18th, and its non stop fighting slamming things around, slamming doors so bad that at one point my monitor took a dive off of my desk after jumping 6 inches, (luckly I was useing my computer at the time and caught it).
    Lakewood PD has been here at least twice (BTW they are slamming things around right now) I've calle dthe leasing office twice tonight and two other times sence they have moved in.
    so basically my question to any body who knows the law a bit especally rental law, (E. this is at least a little pointed towards you, and Vortex you already know about it and have given your opinion) I just want to know if there is anything I can do to get these people out of here... or even me, honistly I fear for my life in this situation, they have guns I have seen them, this is just bad, please anybody help...
    :wallbash: :rant2:
    Denver Rolla, Oct 26, 2006
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    Paolino SolidTuned

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    Woah crap dude. :( Sorry to hear that shit is goin on.

    Look at it this way, if they do use their guns, then it will be all quiet again. lol
    Paolino, Oct 26, 2006
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    Denver Rolla 98 impreza

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    you know my dad said the same thing... :)
    Denver Rolla, Oct 26, 2006
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    jtweezy New Member

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    couple of tacos and 2 cases of miller light and I'll take care of it...where you stay at again??.. :D
    jtweezy, Oct 26, 2006
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    Paolino SolidTuned

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    LMAO! Nice.

    Denver Rolla,
    Really? lol Sweet. Great minds think alike I guess. :D
    Paolino, Oct 26, 2006
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    rolla02 Corollalcholic

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    Tell your rental office that they carry firearms and that you fear for your life. But usally most apt complex's dont like to have guns around and will revoke them that or drug use that you can see.

    Yea I have had some issues with some people in my complex
    rolla02, Oct 26, 2006
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    Barnacules 100101101011011

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    Hire a hitman :ninjastea
    Barnacules, Oct 26, 2006
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    Legit01Rolla Active Member

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    bad boy bad boys...watcha gon do watcha gon do when they come for you.... call da cops??
    Legit01Rolla, Oct 26, 2006
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    Denver Rolla 98 impreza

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    like I said they have been here twice already and it has done nothing... so far sence the security guy has come around they have been good but thats just for now... we'll see what happens later...
    Denver Rolla, Oct 27, 2006
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    Fgca_rolla milky cocopuffs

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    Next time you see a cop out there get his business card maybe. If it continues to happen keep calling them out there. Eventually someone will get arrested and I think that, at least in my apt place, terminates your lease.
    Fgca_rolla, Oct 27, 2006
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    JLee TD05 3SGTE

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    Firearms are banned in some apartment complexes? How can that be legal?
    JLee, Oct 27, 2006
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    DaCubanSkillz Active Member

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    It could be listed in the lease. Once a person signs it, they have to obid by it. My last 2 complexes did not allow any type of firearms to be stored in the apartments and if they found out, its a cause for eviction. Its legal if you ask me. The person doesn't have to sign a lease if they don't agree with something.

    Back to the topic. Look in your lease. HOPEFULLY, there should be something about complaints and firearms. If your lease states that if there is any problem with your neighbor and you can complain about it, send in a formal letter. Also look to see if there's a clause saying that firearms are not allowed in the apartment. If so, include that in your letter.

    Now...You said you fear for your life. By writing this letter you must supply your information in order for them to act on anything (if they do). If they do and they show the letter to the people downstairs from you, then they'll know who's "snitching" on them. So its your call if you want to do that or not.

    And like someone suggested, keep calling the police everything something happens. Especially if its at night or in the early morning hours. If you ever see one of them with a gun, call the cops and say one of them has a gun and tell them where they live. When you say that, I'm sure the cops will search the area and apartment for a gun.
    DaCubanSkillz, Oct 27, 2006
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    DeebsTundra Big Tires :)

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    The complex both Denver Rolla and I live in offers discounts of some kind to anybody currently enrolled in the Denver School of Gunsmithing.

    Both my downstair's neighbor (Travis) and my upstair's neighbor across the hall (Jason) go there, so between the two of them, there is probably $10,000 with of firearms right there in my building.

    Some people there, ie, Travis and Jason, I have no problems with owning guns, because they don't point them around, fuck with them, or clean them until they are taken apart.

    There was one guy though, cleaning his gun, safety off, loaded, that shot himself in the leg. ...hilarious.
    DeebsTundra, Oct 27, 2006
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    e_andree E

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    I asked my grandfather about it, who has 14 townhouses that hes renting out...he says to Google "Constructive Eviction"

    I googled it , and this is what I came up with. Print this out for your own state:

    "Unless the lease provides otherwise, there is an implied warranty or obligation by the landlord that during the term of the tenancy, the tenant is entitled to “quiet enjoyment” of the premises. The Maryland court of Special Appeals has held that even where the disruption to tenant’s quiet enjoyment is caused not by the landlord but by another tenant, the disruption is attributable to the landlord because the landlord could take action (such as notification and, if necessary, eviction) against the offending tenant.

    When the landlord fails to correct or terminate the disturbance, and the disturbance seriously interferes with the tenant’s use and enjoyment of the leased premises, the tenant is justified in abandoning the premises. The tenant who leaves under these conditions will have no further obligation to pay rent. In the eyes of the law, the landlord has breached the covenant of quiet enjoyment and has “constructively evicted” the tenant. Landlord may be required to compensate tenant for moving expenses, attorney’s fees, and other expenses resulting from the constructive eviction. (The Court of Special Appeals case is Bocchini v. Gorn Management Co., 69 Md. App.1 (1986)).

    NOTE: The facts in Bocchini v. Gorn, mentioned above, were that the landlord knew about the problem and failed to take action against a tenant who persisted over a period of several months in making very disturbing noises and also threatened the complaining tenant after she asked him to modify his behavior and after she asked the landlord for help. The court stated that these facts constituted a breach of the covenant of quiet enjoyment and supported the tenant’s claim that she had been constructively evicted.

    We suggest that a tenant who finds that his use and enjoyment of the premises are seriously impaired by the landlord or by another tenant, should make every reasonable effort to communicate the problem to the landlord in writing, give the landlord reasonable opportunity to resolve the situation, and have witnesses to the situation, if possible.

    If all efforts fail, if the disturbance persists and tenant decides to move out before the end of the lease term, there is still a risk to tenant that the landlord will file suit for loss of the rent due for the remainder of the lease term. For tenant to prevail, tenant will need to prove to the court that the disturbance was substantial enough to constitute “constructive eviction”. "


    For Colorado: http://www.cobar.org/group/display.cfm?GenID=6239

    In regards to the firearm clauses......he says that he can not legally add that clause into his contracts, because federal law supercedes it. He can add any clause that would directly affect the property though.......no pets, no smoking, etc.
    e_andree, Oct 27, 2006
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    Denver Rolla 98 impreza

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    thanks E... thats exactly what I needed to hear... I'll keep you guys posted on this...
    Denver Rolla, Oct 27, 2006
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    DaCubanSkillz Active Member

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    but does the firearm clause pertain to all complexes or just private parties like your grandfather? Cause the last 2 leases I had it stated no firearms were allowed in the complex. I'm just curious.
    DaCubanSkillz, Oct 27, 2006
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    e_andree E

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    Rental law is rental law. Just because its in the contract doesnt mean that its legit.
    Did you have a lawyer review the contract? Most dont.
    e_andree, Oct 27, 2006
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    DaCubanSkillz Active Member

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    Never did. Firearms never really pertained to me because i don't own one. thats why i'm a little clueless about if it should or shouldn't be stated in a lease. Thats why I was asking.
    DaCubanSkillz, Oct 27, 2006
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    e_andree E

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    I was just trying to prove the point that landlords can put whatever they want in a lease, because they know they can get away with it.
    e_andree, Oct 27, 2006
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