What are my rights?

futeki18February 4, 2008

Okay, here is my situation, any advice/help would be appreciated. I just moved into my 2-Bedroom apartment a month ago, I'm the only one on the lease. At the time I moved in my husband and I were seperated. After I had lived there a couple weeks, he and I reconciled, and he moved in with me. I didn't update my lease because I wanted to keep only my name on everything. My husband is a registered sex offender because of a drunk, peeing in public outside a bar incident. He has to keep his registration updated, so when he moved in he updated it. About a week after he moved in the apartment manager was banging on my door. He asked me if my husband was living there, and when I said yes, he told me he didn't want to have to file an eviction, but that we needed to get out immediately. We got out within a weeks time of him coming by, turned our keys in rather than fight them on it. He has since sent us a bill for February's rent, even though we were out on January 30th. He was the one that asked us to leave, so are we liable to pay this? I kind of feel like he is being discriminatory, although I understand how he feels. Is there anything we can do?

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lucy

Unless there is a law somewhere saying the RSO's cannot live in apartments, I would not think you should have to pay if you're kicked out. Don't be so understanding, BTW, he's in business and has all kinds of things to deal with, not just that.

    Bookmark   February 4, 2008 at 2:51PM
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GammyT

Thank goodness there are a lot of laws saying where sex offenders can live. If I were you I wouldn't believe my husband and really check on what he did. Peeing outside a bar is a lie. To be a sex offender a minor child was involved.

You broke the lease by moving your sex offender husband in. Odds are the landlord found out about that because of the offender list.

How long was your lease? From what you said here he said go and you left on the 30th. That left him no time to find a tenant for February.

It isn't your landlords fault that you broke the lease.

    Bookmark   February 4, 2008 at 4:12PM
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moonshadow

I'm a landlord so I can only offer this from my viewpoint. And this gets into some gray areas. I'm not condemning or condoning anything, just pointing out some scenarios.

First, most states (and I'm inclined to think yours does too) requires 30 days notice minimum to vacate the premises for breaches of contract other than non-payment of rent. If they fail to vacate, tenant can be evicted after the 30 day mark. In my state if the reason for Notice to Vacate is non-payment of rent I'm only required to give 10 days and if tenant fails to leave then evict (eviction process that takes 30-45 days in my local court).

Technically if you initiate the breach of contract, such as leaving prior to your lease expiration, or some activity that is a breach, you are responsible for rent for the term of your lease ~or~ until the place is re-rented.

However, here is the primary area I see where it gets gray. The Manager probably was not following the law when he told you to leave "immediately". In addition, he should have done this process in writing. So even though you breached the lease by allowing another party to reside there without them being on the lease (registered offender or not), the Mgr in all likelihood did not follow legal procedure on his end. A court might say had he given you 30 days notice as required by law, he could have used that time to secure a new tenant, and possibly re-rented in time so that he did not lose further rents.

In addition, one cannot necessarily be evicted soley because they are a registered sex offender.

The example/quote below pertains to Iowa law and evicting registered offenders:
As a landlord, if I find out that a sex offender is renting property from me, can I evict him/her?

A landlord may begin an eviction proceeding in court for a number of reasons:

The landlord chooses not to renew the lease, and the tenant refuses to vacate.

  1. The landlord rents month-to-month, and gives the tenant notice to vacate at least 30 days before the next month's rent is due.
  2. Non-payment of rent.
  3. The tenant has violated the lease.
  4. If the tenant poses a clear and present danger. This would have to include the tenant committing an act, or threatening to commit an act, that would cause harm to a tenant or the landlord; or committing an act, or threatening to commit an act that would cause harm to someone either on or within 1,000 feet of the rental property.

 Landlords may not evict a tenant based solely on the fact that s/he is a registered sex offender, without one of the above factors applying.

So for that reason, I'm not sure how it would hold up in court if he decides to pursue it, since he probably wasn't following the law himself.

I do understand your landlord's perspective as well, though. It's a situation that requires diligence, especially if an offender is convicted of crimes against children and there are children in the vicinity. If something were to happen... As an aside, most but not all registered offenders are convicted of crimes against minors. What falls under that category varies by state code. For instance, in Connecticut, being convicted of Public Indecency, defined by penal code Sec. 53a-186 will result in being listed in the registered sex offender database.

So you need to check your state's landlord tenant statutes. Google it like this (without quotes) "Texas landlord tenant law" or "New York landlord tenant statute". Everything hinges on your state's landlord/tenant laws and what your lease stipulates.

    Bookmark   February 4, 2008 at 9:08PM
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fotostat

I would have kicked you out the hard way and made you pay the entre year of the lease. And yes, I have ways of making people like you pay...

    Bookmark   February 12, 2008 at 5:49PM
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skatiero

Be sure to check the registry and also the orginal arrest records and be sure you know EXACTLY what the charges and circumstances were. Do NOT take his word for it.

    Bookmark   February 13, 2008 at 5:47PM
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manhattanmatt

This is like living in Nazi Germany with these "sex offender" reporting laws.

    Bookmark   February 23, 2008 at 8:50PM
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dissident

I suggest checking the ego at the door before you get yourself in a bad situation. You are not judge, jury, and executioner, and have no right to make someone pay for a year lease after kicking them out. You think you've got ways of making people pay? Had you tried anything like that with me...

    Bookmark   April 12, 2008 at 6:07PM
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maryjane45

I was out one night and saw a guy get busted by the police for peeing in public. He did get the sex offender title because apparently pulling your penis out in public is considered public masterbation.

    Bookmark   May 8, 2008 at 4:42PM
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lucy

That's outrageous - Picasso is known to have done that one night after drinking with friends - can you imagine what his life might have been (and what the world might have lost) if some little beaurocrat had not been able to see beyond his own nose?

    Bookmark   May 9, 2008 at 5:25AM
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mrscoburn813

Not to come off as a bully, but @gammyt perhaps you should learn the law before u question a woman about how well she knows her husband. That goes for anyone else too. Ignorance is not a good thing when it comes to the law. And there is definitely a difference between a sex OFFENDER and a sex PREDATOR. my husband also was put on that list for public urination & yes, I know for a fact that is the reasoning seeing as I was with him...

    Bookmark   April 9, 2013 at 12:27PM
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mrscoburn813

Not to come off as a bully, but @gammyt perhaps you should learn the law before u question a woman about how well she knows her husband. That goes for anyone else too. Ignorance is not a good thing when it comes to the law. And there is definitely a difference between a sex OFFENDER and a sex PREDATOR. my husband also was put on that list for public urination & yes, I know for a fact that is the reasoning seeing as I was with him...

    Bookmark   April 9, 2013 at 12:28PM
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nguyenhuuhiep9x

check my site saigonleasing.com

    Bookmark   May 20, 2013 at 3:18AM
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