My neighbors upstairs complained to my apartment manager about me having a confederate flag in my house and they are offended and do not feel safe living near me. Which makes no sense to me but whatever. So I moved the flag away from any kind of window (let me just say the flag is actually a lynyrd skynyrd flag).
Well yesterday I got an eviction notice stating that because I did not remove the flag from my house I was being evicted.
Can they even do this? I personally do not understand the big deal about this situation, I moved the flag, but i refuse to take it down over one persons complaint. Especially because I have rented this apartment for the past 3 years without one problem.
2006-10-28 03:57:26 · 14 answers · asked by Kayla born 8/18/09 <3 4 in Politics & Government ➔ Law & Ethics
Sounds like your civil rights has been violated. I would talk to a lawyer. You rent this apartment so you have the right to decorate it in any way you wish unless it is in your lease that you cant do what they say you have done.
2006-10-28 04:01:54 · answer #1 · answered by White 2 · 3⤊ 0⤋
No. You cannot be evicted. Your landlord would have to prove that your actions have resulted in complaints, police calls, etc. You would have to have demonstrated that you are a real nuisance. You have complied and removed the flag from the windows where the neighbors can see it. There is no further cause for eviction. You would win in eviction court anyhow as long as you are not behind in the rent. The landlord cannot evict you but he can refuse to renew your lease if it is up for renewal. Look up the terms of your lease. See how much notice the landlord has to give you before terminating your lease. Some leases will read that the landlord must give you 30 days notice and he does not have to have a reason. If you stay past that thirty days, then the landlord can go to eviction court but if you wanted to be a nasty, it could take up to two months to get you out. Now, why dont you talk to your landlord, tell him that the flag cannot be seen so how do these people know that your flag is still up without entering your apartment. Your landlord will never get an eviction based on this flag issue. If you have been a good tenant I dont know why the landlord would be so quick to try and evict you. Good tenants are hard to come by. Talk to the landlord. You can also tell him he will proably lose in court and the court costs will be his. If you are more curious go to a search engine and put in tenants rights (your state) Usually every state has a website that spells out your rights as a tenant and what the state consdiers grounds for eviction.
2006-10-28 11:21:15 · answer #2 · answered by juncogirl3 6 · 0⤊ 0⤋
A lot of these answers are good, but as I have learned,before you do anything, get out your copy of your lease/rental agreement. Make sure there is nothing in there that would give the landlord a reason to evict.( example is there a clause about hanging/flying flags; decorating what you can/cannot do.) The first thing any lawyer or judge is going to look at is the terms of the lease. If you have not violated the terms of the lease/rental agreement, they will not grant the eviction. On the flip side majority of judges will side with the owners because they are the owners. ( Similar situation and lost the case) If everything is in order and no clauses were broken, I would take this matter to court, but there will probably be retribution. If it is easier, I would move, but I understand that is easier said than done. Best wishes.
2006-10-28 11:11:46 · answer #3 · answered by Anonymous · 1⤊ 0⤋
they can absolutely not do that.
Kindly explain to your ignorant neighbor and landlord that the history of the confederate flag has a proud historic meaning, and has nothing to do with racism, and they need to read a little more.
Then inform them that because some chose to raise a confederate flag years ago, that people in every state in the U.S. now have equal rights, and if you wish, you could fly the swastika if you wish. If they evict you, sue them so much, you will own the building.
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freakzil, I agree with you to an extent. Displaying your heritage can not be considered 'bothering your neighbor'. I
2006-10-28 11:01:31 · answer #4 · answered by Anonymous · 2⤊ 0⤋
If the flag is in your house, they can NOT evict you. You can have a Nazi flag if you want. You can sue for "wrongful eviction". Why is your neighbor looking inside your place anyway? He should be the one to move !
2006-10-28 11:09:24 · answer #5 · answered by Vinegar Taster 7 · 2⤊ 0⤋
i don't think they can do that without cause you have a right to a peace full setting in your home try looking on this site it may help you http://www.peoples-law.org/housing/tenant/tips if you do move id have an reenactment of sorts where every one has the confederate flag THE SOUTH WILL RISE AGAIN
2006-10-28 11:43:04 · answer #6 · answered by simplemanmd 2 · 1⤊ 0⤋
Dude you need be more sensitive on people's feeling. However, regarding your question, as long as the offense or lease term violation is cured, they have no right to evict you. If they take you to court, it is going cost your landlord a lot of money, If it really happens, just tell the judge your side of story. For eviction, I don't see you have any problem. If your landlord makes up his mind to let you go, i think it most likely he is not going to renew the lease with you. Just prepare for it, and find yourself a new apartment after your lease expired.
2006-10-28 11:14:37 · answer #7 · answered by HOMER 3 · 0⤊ 3⤋
Your landlord cannot evict you. He is violating your civil rights of free speech. You need to contact a lawyer ASAP!!
2006-10-28 11:03:57 · answer #8 · answered by moxie_02 1 · 3⤊ 0⤋
Contact a lawyer. ACLU, AILJ, etc.. If you have a lease, sue for breech of that lease. Keep records of all interactions in regaurd to this matter.
If you aren't willing to fight it, then just move.
2006-10-28 11:11:35 · answer #9 · answered by Edward F 4 · 1⤊ 0⤋
they can evict you if you are bothering neighbors , regardless of situation you are bothering that stupid neighbor . maybe you should give them a history lesson on the confederate flag
2006-10-28 10:59:53 · answer #10 · answered by Anonymous · 2⤊ 1⤋