An article in the Chicago Tribune describes how after Kathy Cleaves-Milan's then-live-in boyfriend had brandished a gun and promised to end both of their lives, the managers of her Elmhurst apartment complex served her with eviction papers for violating the terms of the lease.
The terms of the lease had been breached due to "violations arising from criminal activity." The gun "violence" she had reported to police was sufficient. Here is a boilerplate "nuisance" clause:
"Violating Laws and Causing Disturbances: Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession, or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing, or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident."
In California, these clauses are based on Code of Civil Procedure section 1161(4). But the question is whether a clause like this is still enforceable. On the left coast, the liberal California legislature passed S.B. 782 (modeled after a San Francisco ordinance). It gives the tenant an affirmative defense. A tenant can petition the court to stay in his rental unit if: (1) he provides written documentation by a qualified third party (i.e., police officer, therapist, or licensed clinical social worker) substantiating the abuse; and (2) was served an eviction notice based primarily on acts of domestic violence, sexual assault, or stalking. However, the tenant still remains subject to all the terms of their lease (i.e., paying rent) and landlords would be able to evict the abuser.
Similarly, in 1985, New York passed a law making it illegal for a landlord to refuse to rent to a victim of domestic violence. Other states, including Minnesota and Colorado, have similar laws that prohibit a landlord from evicting a victim of domestic abuse because he has called the police. In Obama's home state of Illinois, where this eviction took place, the 2007 Safe Homes Act permits a domestic-abuse victim to terminate a lease early or request a lock change. And in 2010, an amendment to the Illinois Human Rights Act takes effect that will prohibit discrimination against a person who has obtained an order of protection.
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If the tenant adamantly occupies a house without meeting the set criteria for tenancy, even after being issued a notice, the owner has the right to take legal action against him and the real estate management can help him in making the necessary arrangement and getting a good attorney for the owner. The assets managing professional arrange an attorney for the tenant also if he finds that the tenant is being genuine. However, the assets managing professionals usually take an impartial stand in such circumstances and try to settle the dispute between the owner and the tenant by educating them on the existing laws of the place where the house is located. Visit tenant evict to get more information about this.
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