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3 Day notice for having Alcoholic Beverages outside in the common area Unlawful Eviction

Discussion in 'Eviction, Recovery of Premises' started by braydendevito, Jul 29, 2014.

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  1. braydendevito

    braydendevito Law Topic Starter New Member

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    Hello,
    Thank you for your time in looking at this.

    My issue is this:

    I live in an apartment building with about 50 residents and recently, I feel as though I am being harassed by the new management.
    There have been some loud nights with alcohol and partying in the common area in the past, and recently has calmed down a lot due to a number of people moving out/getting evicted.

    Since then, they put signs up around the apartment building clearly stating "NO ALCOHOLIC BEVERAGES" and also imposed a verbal curfew of 10PM in the commons area.
    They have also given everyone verbal warnings about having alcoholic beverages in plain sight.

    Last night, some old neighbors came by the apartment, we had about 6 people outside.
    The new managers on the property came down to the commons area, and handed me a violation- telling me the next time I have a "Party" they will be handing me a 3 day notice, and that I am responsible for everyone down there because they came over to my house even though there were 2 other tenants of the same building in this group of 6.


    After speaking with them for some time, they handed me my original lease agreement that I signed back in 2012 with a clause highlighted: "NO ALCOHOLIC BEVERAGES IN THE POOL AREA." There is no pool in my apartment complex. The violation notice states no alcohol in the commons area, but has never been signed by me as an addendum to the original lease agreement.

    I asked them if I was to walk out of my apartment with a beer in my hand some day, would I receive a 3 day notice?
    They said NO ALCOHOL PERIOD. I told the management I was taking everyone inside (it was only 6PM) and we would be drinking in blue cups.
    Once again management said no alcohol period- I asked how they knew what we were drinking if it was in a blue cup... they responded with "Does the blue cup still get you drunk?"

    I'm wondering the legality of all of this... I never signed up for sober living when I found my apartment building- I understand they don't want parties out in the common area, but that is just common sense and common courtesy that I will be following. To be singled out and made look like an idiot in front of 6 people was very unjust.

    Any advice, comments?

    Thanks a lot!!!
     
  2. CdwJava

    CdwJava Moderator

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    You can either heed the warning or thumb your nose at them. If you have another party and they hand you a three day notice and begin the eviction process, you will be free to challenge it in court and/or pay an attorney to fight it.

    \It might be best to take the warning as notice of the new rules and abide by them. A fight can mean a costly legal battle and future homelessness. Your call.
     
    braydendevito likes this.
  3. army judge

    army judge Super Moderator

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    A three day notice isn't an eviction.
    Its simply a request by the landlord for you to vacate.
    You can only be evicted by a judge.
    That means if you get a three day notice and ignore it, and the LL still wants you gone, OFF to court he or she must go.
    They have to formally evict you.

    Can you be evicted?
    Read your lease.
    Learn if local ordinances prohibit drinking alcohol in public.

    Unless you want to waste time in court, I'd start looking for a a more alcoholic friendly abode.
    No need to poke the bull dog and make trouble for yourself.
    Drink inside or in another outdoor area that allows the consumption of alcoholic beverages.

    Good luck.
     
  4. mightymoose

    mightymoose Moderator

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    I believe your landlord needs to get tenants to sign new lease agreements with new rules. If they try to evict you as you describe here, and this is their only justification, I would expect them to lose.
    You would still have the hassle of it all.
     
  5. disagreeable

    disagreeable Well-Known Member

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    Depends on the lease. It does not appear they are doing anything but removing the protection of their offering common property as having attributes of private property. They could simply wait until OP is there with alcohol and call police.


     
  6. mightymoose

    mightymoose Moderator

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    So what if police are called? There is apparently no violation of law. Police won't have any action to take in this dispute.
     

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