Can I get evicted because a friend had a warrent

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teresal

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I live in Washington State and I have a question that I am not sure about. Hopefully someone can help me understand it better because I keep getting a beat around the bush answer from everyone I have asked, Please help I am confused and I can not afford to move.

I live in an apartment complex also I receive HUD assistance along with 90% of the other tenants. I was told by the manager that if say I have a friend come over to visit and I guess the police were watching some other persons apartment and was doing a check on everyone's vehicle that came into the complex and his came back saying he had an active warrant so then the police showed up and they arrested him.

So what I need to know is that if he gets arrested at my place can I be evicted just because he has a warrant and was arrested at my place? After they left I looked him up by court records and found that yes he did in fact he had 2 warrants that were issued the same day which was on 1/5/2012 this happened on 1/23/2012, and the warrants was because he didn't make a fine payment as scheduled due to him getting laid off at the end of December 2011. He was trying to but he was late on his payment and he didn't even know he had any warrants.

Thank you for you time and attention to my question any help will be greatly appreciated.

Sincerely Teresa Leckenby
 
I live in Washington State and I have a question that I am not sure about. Hopefully someone can help me understand it better because I keep getting a beat around the bush answer from everyone I have asked, Please help I am confused and I can not afford to move.

I live in an apartment complex also I receive HUD assistance along with 90% of the other tenants. I was told by the manager that if say I have a friend come over to visit and I guess the police were watching some other persons apartment and was doing a check on everyone's vehicle that came into the complex and his came back saying he had an active warrant so then the police showed up and they arrested him.

So what I need to know is that if he gets arrested at my place can I be evicted just because he has a warrant and was arrested at my place? After they left I looked him up by court records and found that yes he did in fact he had 2 warrants that were issued the same day which was on 1/5/2012 this happened on 1/23/2012, and the warrants was because he didn't make a fine payment as scheduled due to him getting laid off at the end of December 2011. He was trying to but he was late on his payment and he didn't even know he had any warrants.

Thank you for you time and attention to my question any help will be greatly appreciated.

Sincerely Teresa Leckenby






The answer depends on what your lease says about criminal activity in your apartment.

Read your lease, read it, study it, learn what you signed.

Most leases (I don't want to know what is in yours, I don't need to know, you do) have provisions that allow for the tenants eviction if the police get called repetitively to your unit, criminal activity is going on in your unit, drugs are being sold or abused in your unit, if you or your guests are sexual offenders, etc...

So, yes, having "Osama bin Laden" get arrested in your apartment can get a person evicted.

Does that apply to you?

The answer is in your lease and here under Washington State Landlord-Tenant Law, especially if you're a " month to month tenant".

But, ONLY a court can order and effect your eviction.

A landlord can NOT evict you.

A landlord can ask you to vacate the unit.

You can ignore the request, or obey it.

If you ignore it, the landlord has to take you to court.

In court you get to tell your side of the story.

In Washington, you are allowed to remedy or cure certain situations.

So, your eviction is NOT automatic for the landlord.

And, evictions take time, if the landlord prevails.

On average, an eviction can take six to ten weeks to come to a conclusion.

In the meantime, you are still in the unit, and the landlord can not remove your belongings or your body!!!



http://www.okanogancounty.org/ochd/landlord_tenant_booklet.pdf




















Not engage in or allow any gang-related
activity (or allow others to do so), including
any activity that threatens or injures
individuals or their property within other
dwelling units. Various factors will be
considered in determining whether a tenant
is engaged in gang-related activity, including
complaints by other tenants to the landlord,
damages done to other tenants' property,
harassment or threats to other tenants which
have been reported to police, and the tenant's
criminal history. RCW 59.18.130


• Not engage in or allow others to engage in
illegal drug activity, physical assaults or
assaults with deadly weapons at the rental
premises. Being arrested for these types of
offenses may constitute a nuisance that could
result in eviction. RCW 59.18.180



 
Here are the federal regulations that govern the issue for HUD:
http://www.hud.gov/offices/adm/hudclips/notices/hsg/files/02-22h.doc

VIII. TERMINATING TENANCY - LEASE PROVISIONS

The regulations at 24 CFR 5.858, 5.859 and 5.860 set forth required provisions that Owners must incorporate into their leases that provide for termination of tenancy. Owners have the discretion to terminate the tenancy and the lease must provide grounds for terminating the lease for the following:

Drug-related criminal activity engaged in on or near the premises, by any tenant, household member, or guest, and any such activity engaged in on the premises by any other person under the tenant's control. (See the definitions of premises, guest and other person under the tenant's control.) The definitions below are in accordance with the regulations at 24 CFR 5.100.

1) Premises – means the building or complex or development in which the public or assisted housing dwelling unit is located, including common areas and grounds.

2) Guest – means a person temporarily staying in the unit with the consent of a tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant.

3) Other person under the tenant's control – means a person who, although not staying as a guest in the unit, is, or was at the time of the activity in question, on the premises because of an invitation from the tenant or other member of the household who has express or implied authority to so consent on behalf of the tenant. (Examples of other persons under the tenant's control include party attendees, regular visitors, and people who provide a commercial service to a household member on a regular and frequent basis, such as an in-home nursing care provider.) Absent evidence to the contrary, a person temporarily and infrequently on the premises solely for legitimate commercial purposes is not under the tenant's control -- for example, the pizza delivery man.

A determination made by the Landlord that a household member is illegally using a drug.

A determination made by the Landlord that a pattern of illegal use of a drug by a household member interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents.

Criminal activity by a tenant, any member of the tenant's household, a guest or another person under the tenant's control:
a) that threatens the health, safety, or right to peaceful enjoyment of the premises of other residents (including property management staff residing on the premises); or
b) that threatens the health, safety, or right to peaceful enjoyment of their residences of persons residing in the immediate vicinity of the premises.

If the tenant is fleeing to avoid prosecution, custody or confinement after conviction for a crime or an attempt to commit a crime that is a felony under the laws of the place from which the individual flees or that, in the case of the State of New Jersey, is a high misdemeanor.

If the tenant is violating a condition of probation or parole imposed under Federal or state law.

A determination made by the Landlord that a household member's abuse or pattern of abuse of alcohol threatens the health, safety, or right to peaceful enjoyment of the premises of other residents.

In accordance with the regulation at 24 CFR 5.861, the Landlord may terminate tenancy and evict the tenant through judicial action for criminal activity by a covered person if the Landlord determines that the covered person has engaged in the criminal activity, regardless of whether the covered person has been arrested, or convicted for such activity and without satisfying a criminal standard of proof of the activity. HUD encourages, but does not require, Landlords to take into account individual circumstances when making a determination to terminate tenancy; such circumstances might include, among other things, the seriousness of the offending action, the extent of participation by the leaseholder in the offending action, and whether the leaseholder, if not the wrongdoer, took all feasible steps to prevent the offending action from occurring and has removed the offending person from the lease or otherwise banned the offending person from the premises in the future.


IX. INFORMATION REGARDING SEX OFFENDERS

In the screening of applicants, Owners must perform the necessary criminal history background checks to determine the applicants' suitability for Federally-assisted housing. Therefore, Owners should contact national and state sex offender registry agencies. Owners are required to prohibit admission of all sex offenders who are subject to a lifetime registration requirement under a state sex offender program. In accordance with Federal law, any individual who is a sex offender subject to a lifetime registration requirement under state law shall not be admitted to Federally-assisted housing. Owners have the discretion to "screen out" applicants who the Owner determines to be unsuitable under the Owner's established standards for admission (for example, sex offenders who are not subject to a registration requirement under state law).

In accordance with the regulation at 24 CFR 5.905(b), an Owner of Federally-assisted housing that is located in the jurisdiction of a PHA that administers a Section 8 or public housing program under an Annual Contributions Contract with HUD may request that the PHA obtain information necessary to determine whether a household member is subject to a lifetime registration requirement under a state sex offender registration requirement.

Households already living in Federally-assisted housing units are not subject to the provisions in the regulations at 24 CFR 5.856. Neither the statutory nor regulatory requirements specifically address sex offenders currently living in Federally-assisted housing.


X. CONDUCTING BACKGROUND CHECKS

Owners of Federally-assisted housing may request the PHA in the area where the project is located to obtain criminal background information concerning a "household member" for applicant screening, lease enforcement, or eviction. Prior to performing or requesting a PHA to conduct a background check, Owners must obtain signed written consent forms from the applicant or household member. Additionally, before a background check is conducted the Owner must provide the PHA with its selection criteria. The PHA will screen for admission based on the Owner's selection criteria. All criminal background checks conducted must be done consistently for every applicant and/or resident.

Upon request of the Owner, the PHA must request the criminal conviction records in the states where the applicant resides and has resided. The regulation at 24 CFR 5.903(a) authorizes PHAs administering Section 8 (including State Housing Finance Agencies that administer a Section 8 contract under an Annual Contributions Contract (ACC)) to obtain criminal conviction records from a law enforcement agency. Owners and PHAs may rely on the applicants' declarations regarding their residences and any other information. The PHA's determination with regard to the screening and admission of applicants is based upon the criminal conviction record and the Owner's standards for prohibiting admission. All findings of criminal background or sex offender status used to make determinations must be documented. If the Owner's selection criteria are not clear, the PHA should contact the Owner for clarity. The PHA will make a determination based on the information provided by the Owner. Any decisions based on "reasonable belief" or other "determination" of the owner, the reason for the belief or determination should be documented. This documentation should not be only of specific behavior but that the behavior would (or does) interfere with the health, safety, or peaceful enjoyment of other residents.

If, after a criminal background check has been conducted, it is discovered that the applicant or tenant provided false information, the Owner may deny admissions to the applicant or may evict the tenant in accordance with its standards for admissions screening or for termination of tenancy. However, the household must be notified by the PHA/Owner of the proposed action to be based on the information and must provide the subject of the record, and the applicant or tenant, with a copy of such information, and an opportunity to dispute the accuracy and relevance of the information obtained from any law enforcement agency.

Owners may use sources other than the PHA for the purpose of conducting background checks of criminal conviction records. The Owner may conduct his/her own background search of criminal records, or may secure a contractor. The Owner may not charge the applicant/tenant a fee for these background searches. In those cases where the Owner conducts his/her own criminal background searches or uses sources other than a PHA, the Owner will make the determination, in accordance with the Owner's standards for admission, if the applicant/tenant meets the screening criteria.

If there is any information discovered, and the applicant or tenant has not revealed the information, the applicant or tenant may be subject to violation. Information withheld during the application process could be grounds for denying admission. Tenants who provide false information or withhold information may be in violation of the lease agreement.

Owners and PHAs have the discretion to contract out their screening activities, but will be responsible for the action and decisions made by their contractors. HUD does not prescribe the manner in which the PHA determines its source for obtaining this information. The criminal records must be requested from the appropriate law enforcement agency, National Crime Information Center (NCIC), police departments, or other law enforcement agencies that hold criminal conviction records.

Police officers and other security or management personnel that apply to rent subsidized units are subjected to the same screening criteria as other applicants.

PHAs that obtain criminal records are not responsible for updating the criminal history of an applicant or tenant. Criminal records are to be managed in accordance with the requirements in the regulations at 24 CFR 5.903(g) requiring the PHA to insure that, "…any criminal record received by the PHA from a law enforcement agency is maintained confidentially; not misused or improperly disseminated; and destroyed, once the purpose for which the record was requested has been accomplished." When destroying records of criminal background checks in accordance with 24 CFR 5.903(g), notation should be made in the tenant file of the date the records were destroyed and that the reason was for purposes of confidentiality.
 
No, this is not by any means grounds for eviction. That said, such an arrest might cause a landlord to put you under the microscope and find a valid reason to evict you.
 
The answer is that we cannot tell, based on the info you gave. If there have been other instances where you have garnered heightened attention from management, this may the proverbial straw breaking the camels back. I would certainly take note management is not messing around and will be diligent in carrying out the intent of HUD housing restrictions.
 
Let's be clear on this- a person being arrested at the apartment for having an active warrant is not something that leads to eviction, and is not the type of "criminal activity" referred to in leases and HUD.
It does not even matter what the warrant is for. Being arrested IS NOT criminal activity.
If there is nothing more to this then there is nothing to worry about. If there are some underlying issues for the landlord to scrutinize then perhaps there could be a problem brewing- but you will NOT be evicted just because someone had a warrant.
 
Being arrested is not criminal activity

I like that statement. I never thought of it that way, but it's true. I'm putting that down on my list.:yes:
 
thank you all for the help and for disagreeable there have been no other issues we pay our rent early we have very few visitors the only issue we have had is from our neighbor right next to us that complains that we are loud even when we are just cooking in the kitchen or playing our stereo on the weekend and not loud at all we can still maintain a civil conversation with each other without yelling or having to raise our voice while the music is playing. we usually have 2-3 visitors maybe a week and one is the elderly downstairs neighbor that i have been teaching her how to run her computer. so do not know were this may go. and thank you again for all the help.
 
I do have a 2nd question after this all had happened the next day there were 2 notices on our apartment 1 was demanding us to pay for damages to replace a screen from our back window this screen was fine it just had been taken off to clean the windows and was in side the apartment, the other one was a 24 notice to enter that she will be entering our apartment to assess the cigarette damage to our apartment I told her my husband is the only one that smokes and he does not smoke in the apartment. so the next day she came in and was there about 1 minuet and said that I needed to clean my window seal in the back window I told her that is what spring cleaning was all about. She found nothing else no damage and said she would come back in like 2 weeks. what can i do about this if it is in my rental record can i do anything to make her take it out of our record since there was nothing found to be an issue and there was no damages to the screen?
 
I do have a 2nd question after this all had happened the next day there were 2 notices on our apartment 1 was demanding us to pay for damages to replace a screen from our back window this screen was fine it just had been taken off to clean the windows and was in side the apartment, the other one was a 24 notice to enter that she will be entering our apartment to assess the cigarette damage to our apartment I told her my husband is the only one that smokes and he does not smoke in the apartment. so the next day she came in and was there about 1 minuet and said that I needed to clean my window seal in the back window I told her that is what spring cleaning was all about. She found nothing else no damage and said she would come back in like 2 weeks. what can i do about this if it is in my rental record can i do anything to make her take it out of our record since there was nothing found to be an issue and there was no damages to the screen?

Really?

The landlord has right, upon sufficient notice, to inspect your apartment.

There is no way you can force the management agent to remove any notes she makes about you.

What you need to concentrate on is repairing what you were told to repair or fix.

If you don't, you'll be back here asking how to defend an eviction.
 
Thank you again for all your help and useful information that you have assisted me with. I do greatly appreciate all of your time you have taken to address my legal question. all of your information has been very helpful:cheer:
 
no u will not get put out only if they found somthing in you home you are ok believe me i no it happen to me but the only difference is they found somthing in my lady's home you will be ok
 
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