The US Supreme Court recently rendered an important decision on the right to bear arms under the US constitution. The decision applies to government action, not private relationships such as landlord and tenant. The Michigan Court of Appeals has ruled that a public housing landlord may enforce a lease provision prohibiting tenants from possessing firearms by evicting tenants that violate it. The court cited legal precedents that establish the right to bear arms is not absolute and is subject to reasonable regulation. [1] It is important to note that although the tenant in question had apparent mental health issues, the […]
Yearly Archives: 2008
5 posts
The federal Fair Debt Collection Practices Act (FDCPA) applies to any person who regularly collects or attempts to collect debts for another. The definition might include property management firms under certain circumstances, but does not include landlords acting pro se. The FDCPA exempts attempts to collect debts that were not in default when obtained. For example, this exemption would apply as long as the tenant was not in default when the property management firm was retained. Conversely, if a property manger accepts an assignment of a debt after it has become due and is in default the exemption may not […]
In Washington a residential landlord may have the tenant served along with the summons and complaint a notice requiring the tenant to pay rent within seven days or serve a response indicating no rent is owed. If the writ of restitution is issued the defendant is entitled to a hearing to dispute the amount of rent owed. A question arises when the landlord loses the case at the subsequent hearing. Although the question is unsettled law, the tenant may have a claim for wrongful eviction. A Washington tenant may present a claim for wrongful eviction if a writ of restitution […]
The legislature has passed and Governor Gregoire is expected to sign Monday, March 17, 2008, a new law that changes the landlord’s obligations to store a tenant’s belongings when a tenant is evicted.
[IMPORTANT UPDATE: The law has changed since this article was published. See article on new law regarding storing tenant property.] Abandonment is an absolute relinquishment of a known right. The landlord must be prepared to prove abandonment with clear and convincing evidence. In the event of such abandonment the landlord may immediately enter and take possession of any property of the tenant found on the premises and store it in any reasonably secure place.