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Serious question about having someone evicted

Texashiker

Texashiker

Lifer
Long story short:

Lady owns house across street
Lady rented house out to registered sex offender
Lady did background check of the guy, seems like nice person, no other problems with law, ex-marine with military service.
I think the victim was around 15 years old, the guy was around 30 years old at the time.
He served several years in prison, got out 5 or 6 years ago


POA found out renter is registered sex offender
POA said they might take legal action to have the guy evicted

The rules are pretty relaxed about rental property, people can rent their homes as long as the renters keep the place clean, dont make a lot of noise,,,,, stuff like that.
 
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HOA's suck.

Yes.. POA is another form of HOA.
Property Owners Association.

If the HOA says they go... they go.
 
15 is better than 8.

Not to defend any sex offenders, but I've said in other threads... They need to segment the "sex offender" group. You group everybody together as if their crimes are the same.

When I think 15, I know it's too young. But at that age, it wouldn't surprise me if it was consensual. Whether or not 15 is below the age of consent... there's a far cry from consensual sex w\ a girl that's gone through puberty and a child. I'm just saying that these things should be considered and people should be classified based upon the circumstances of their offense.
 
airdata said:
15 is better than 8.

Not to defend any sex offenders, but I've said in other threads... They need to segment the "sex offender" group. You group everybody together as if their crimes are the same.

When I think 15, I know it's too young. But at that age, it wouldn't surprise me if it was consensual. Whether or not 15 is below the age of consent... there's a far cry from consensual sex w\ a girl that's gone through puberty and a child. I'm just saying that these things should be considered and people should be classified based upon the circumstances of their offense.
Click to expand...

Are you the sex offender?
 
Whats the question? You explained the circumstances but your didn't ask a question. Are you asking if the POA has the authority to get the guy evicted?
 
ianal

but gut feeling says you can't evict someone because you don't like them. likely there was a lease involved, if he is not in breach of that I don't see how you evict him.

i think it all depends on if there was a contract
 
GuitarDaddy said:
Whats the question? You explained the circumstances but your didn't ask a question. Are you asking if the POA has the authority to get the guy evicted?
Click to expand...

You can not figure out what the question is for yourself?


guyver01 said:
If the HOA says they go... they go.
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There are certain things that are protected under state and federal law that override POA/HOA rules. The POA/HOA can not discriminate against sex, race, religion,,,,,,, is criminal history something that can not be discriminated against?
 
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The POA/HOA would have a hard time showing reason to evict him since he is not breaking any current rules, based on what you said.
That and if the owner is not breaking any rules either then it would be even more hard.

Now if they, POA/HOA, made a new rule that said you are not allowed to rent your place and current leases can not be renewed then that may work. But that means pissing off a lot of people that rent, people that can vote for POA/HOA members.
 
If it's explicitly in the bylaws, then yes. If not, then no. The only possible clause they might have is with sex offender status; in most states sex offender status means they can not be/reside withing a certain range from a place where children commonly gather (schools, playgrounds, etc.). If there's a community managed playground, then yes, they can probably use that as grounds to get the tenant evicted.

I am not a lawyer, I just play on on TV. If this is a legitimate question, the landlord and/or tenant should consult an actual attorney.
 
SunnyD said:
If it's explicitly in the bylaws, then yes.
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Regardless of what the bylaws say, there are certain things that are protected under state and federal law.

Example - If the by-laws say no black people, or Christians, or Asians can buy a house in this neighborhood, that will not last very long.

Does a persons past criminal history allow them to be discriminated against?
 
Texashiker said:
Regardless of what the bylaws say, there are certain things that are protected under state and federal law.

Example - If the by-laws say no black people, or Christians, or Asians can buy a house in this neighborhood, that will not last very long.

Does a persons past criminal history allow them to be discriminated against?
Click to expand...

AFAIK, criminals are generally not considered a protected class, so discrimination against them is allowed. What's more important is whether the POA has the authority to evict renters in general.
 
Criminal history may be grounds for not renting to someone, but it is probably not grounds for eviction. The time to do a bg check is before you let someone move in.
 
Texashiker said:
You can not figure out what the question is for yourself?
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FWIW, I was going to ask you the same thing. I wasn't sure whether you wanted the guy to stay or to be evicted, but I was certainly guessing the former.

Where I live, a sex offender has to notify their neighbors within a certain distance when they move in. A few years back the police contacted me on some guy's behalf asking to drop off a packet including a picture of the guy and his offenses. I honestly have no idea if he would have faced eviction if he didn't follow those steps, but it's certainly possible that there are some requirements that could lead to an eviction if not met.

Somebody else pointed out that criminal history is not generally grounds for eviction and while I agree with that, I would guess that a sex offender living in violation of their restrictions would be able to be evicted. (I.e. they generally have to be a certain distance from schools, if they happen to move in within that range, they're not going to be allowed to stay obviously).

It sure sounds to me like you'll need to talk to a local lawyer to figure out the rules for both eviction and sex offenders where you live (both of which can vary a lot from state to state). Or let the guy figure it out himself.
 
Taughnter said:
FWIW, I was going to ask you the same thing. I wasn't sure whether you wanted the guy to stay or to be evicted, but I was certainly guessing the former.
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I am neutral on the issue.

In a way, I feel sorry for the guy. There is a difference between someone that made a poor decision, and a real sexual predator. The guy had sexual contact with a 15 year old, not a 15 month old.

Once someone has paid their debt to society, done their time in prison, listed on a website with all of their information and picture, has to report to the police when they move,,,,, how much more does someone have to be punished?

Someone steals a TV from wal-mart, they do their time and its done.

Someone commits a sexual crime, and their branded for life.
 
Texashiker said:
I am neutral on the issue.

In a way, I feel sorry for the guy. There is a difference between someone that made a poor decision, and a real sexual predator. The guy had sexual contact with a 15 year old, not a 15 month old.

Once someone has paid their debt to society, done their time in prison, listed on a website with all of their information and picture, has to report to the police when they move,,,,, how much more does someone have to be punished?

Someone steals a TV from wal-mart, they do their time and its done.

Someone commits a sexual crime, and their branded for life.
Click to expand...

We have this policy now in the US that after you have committed a crime, you are hounded for the rest of your life. Even after you serve your time. We essentially hang a big scarlet letter on them. We then act suprised when they are released from jail and the ex-con has a hard time becoming a productive member of society.
 
Texashiker said:
I am neutral on the issue.

In a way, I feel sorry for the guy. There is a difference between someone that made a poor decision, and a real sexual predator. The guy had sexual contact with a 15 year old, not a 15 month old.

Once someone has paid their debt to society, done their time in prison, listed on a website with all of their information and picture, has to report to the police when they move,,,,, how much more does someone have to be punished?

Someone steals a TV from wal-mart, they do their time and its done.

Someone commits a sexual crime, and their branded for life.
Click to expand...

Don't get me wrong, I'm not judging you or your neighbor, we certainly don't know the full story. We obviously don't want one time criminals to never be able to rehabilitate themselves. A childhood friend of mine had some drug issues and now has a criminal record (felonies). He can't vote and he has found it almost impossible to find a job. But at the same time, when it comes to sex offenders, especially relating to children, what's the alternative? It just so happens that these

Friend of mine has a daughter who was living with his ex. She had moved in with her new boyfriend when the father decided to do some snooping on the internet...just to be sure his daughter (approximately age 6) was not living with a criminal, weirdo, freak, etc.. He ends up finding a website listing sex offenders...this guy had been convicted of sexual contact with pre-pubescent girls. Long story short, he now has primary custody and visits are not allowed in the mother's home without supervision. Granted, the guy claimed he took a plea bargain on the advice of his attorney and that he wasn't an ACTUAL sex offender, but imagine it's your daughter living in that house.

And no, I'm not trying to say sex offender laws are automatically great, but that's just one example of how those laws protected people I happen to know. If not for those public records and "branded for life" my friend would have been none the wiser.
 
I'm of the opinion that if they are not rehabilitated they should never have been released in the first place. So either let the guy go on with his life or lock him up.
 
Texashiker said:
Regardless of what the bylaws say, there are certain things that are protected under state and federal law.

Example - If the by-laws say no black people, or Christians, or Asians can buy a house in this neighborhood, that will not last very long.

Does a persons past criminal history allow them to be discriminated against?
Click to expand...

Yes it does. For example, in my community, a background check must be done on the individual, and if they are a registered sex offender, they can not purchase a home or otherwise live in our community. Criminal history is not a protected status.
 
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