Evicted for Self Defense

There's a very sad saying amongst lawyers: "How much justice can you afford today?"

I'll break your question into two:

1. Is it legal to evict him like this? Probably not.
2. Is there anything he can do about it? Probably not.

Lawyers cost money. Not to be cruel or elitist, but this is the #1 reason to study hard in school and get a high-paying job. The educated professionals in this country are, unfortunately, a super-privileged aristocracy. Everyone else gets the shaft on the legal system...

3. Can the perps go after your friend? Hey, anyone can go after anybody in civil court. This is America. All the perps need is a basic showing that someone hurt them, somehow. Your friend shot them, so there is at least a possibility of an assault case. Your friend has a perfectly valid defense in the lawsuit of self-defense, but that wouldn't come out in a civil lawsuit until after the suit is filed. Again, "How much justice can your friend afford?"

This is a bad situation. However, it is important to note that, if your friend TRULY needs a lawyer, there are several free legal service associations out there. No matter what, tell your friend to contact the state bar association, NOW. They will be able to direct him to an association that provides free legal work to low-income clients.

Good luck!
 
2. Is there anything he can do about it? Probably not.
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That depends on which state he's in.

In Florida, the limit for small claims court (no lawyer needed or allowed) is $5,000. I doubt that the real damages resulting from being evicted with 24 hours notice rather than 30 days notice amount to more than that.

Now if you are talking punitive damages or something in excess of your state's small claims court limit, then #2 is probably true.
 
Police recovered two nine millimeter bullets from the next apartment over from him shot by the perps, as it went through the wall.
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This is something a lot of people neglect to consider.

One should pick defense ammo for its effectiveness, not based on whether or not it goes through walls. The best thing you can do for your neighbors is to neutralize the shooter rapidly.
 
He might have grounds for legal action against the apartment complex for his being at risk and assaulted on their property. They failed to provide adequate security.
 
It's pretty clear, from the information given in the very first post, that no eviction has occurred. Read and comprehend, guys; read and comprehend.

All he needs to do is tell the apartment management that he's not going to move and that the ball is in their court. THEY know what they have to do to legally evict the guy.

As others have said, whether the perp can sue depends on the jurisdiction. I wouldn't lose a lot of sleep worrying about a law suit from a home invader.

Legal Aid is set up for the very purpose of helping folks out in situations like this. Have your friend find the local Legal Aid office and go from there.

Biggest mistake I see the friend's making was having to "rack the slide" before he was able to defend himself. Next biggest mistake was trying to keep folks from entering by holding the door shut, as they were trying to break in. He should have fired through the door, then opened the door to see who needed some more shooting.:)*











*In reality, he should have left the door closed and called the police.
 
All states have Landlord/Tenant laws. Ausserordeutlich is correct; all your friend has to do is just say NO to the landlord. Then he's (the landlord) forced to go the legal route and abide by the juridictional laws on eviction. In NO CASE anywhere would the landlord be permited to just go in and gather the tenant's belongings and put them out. Evictions are generally handled by the county sheriff so he should check there about the laws.
 
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Might be AZ, they have some bizzare eviction laws there. +1 on wanting to know how this forum helped save his life.
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Arizona does have laws enabling landlords to evict tenants that are arrested and charged with felonies. This is to assist police in breaking up enclaves that typically develop where drugs are distributed/manufactured/sold. When they make arrests (especially in problematic areas) they notify property owners that they can expeditiously evict felonious tenants under statute, even if they have violated no terms of their lease. Most leases I have seen are beginning to inform tenants that the landlord will evict them under this clause if they subject themselves to it.

Otherwise, the typical eviction takes at least 5 days (IIRC) for default (failure to pay rent on time) and 10 to 30 days for just about any other failure to fulfill the lease provisions. Ironically, the felonious drugheads get 10 days to move. Not paying your rent (five days late or more) and you're out in 5 days. I suppose that's a total of ten days...

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/00361.htm&Title=33&DocType=ARS

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01367.htm&Title=33&DocType=ARS

http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01368.htm&Title=33&DocType=ARS

Just don't want anyone to think Arizona is anti-tenant. :D

Failure to control your guests is in most leases as a possible breach. As others have stated, if the two intruders were not known to your friend, then the complex has not a leg to stand on under this provision (depending on the actual lease provisions).

The truth is, your friend needs to move, regardless. I, for one, am not going to remain in an apartment where the possibility exists for some dirtbags to target me a second time because they lost the first encounter. Life is short enough.

Under Arizona law, the maximum judgement that can be recieved is the equivalent of two months rent for an unjustifiable eviction. Might be worth it just to defray the costs of moving if the property is in err.

Wish we knew what state this occurred in. Also, what assisted in saving your friends life.
 
Chris in VA

You posted:

Oh, and I'm finding many people out there don't believe in firearms for self defense, regardless of what the perps do. All they see is a bunch of guns being fired, damn the actual circumstances.

I've been reading gun forums and magazines for years and have never seen such a profound statement in such a short sentence as the last sentence in your post. "All they see is a bunch of guns being fired, damn the actual circumstances." That sums up the anti-argument as well as anything I've ever read. Thanks.
 
Huh? :confused:

Ausserordeutlich:
It's pretty clear, from the information given in the very first post, that no eviction has occurred. Read and comprehend, guys; read and comprehend.
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original post by
yomama:
1) He has been evicted. Does he have any recourse legally against the apartments?
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Not that it is of the same seriousness, but I have a daughter who works nights and lives in an upstairs apt., apparently she makes too much noise at night for the persons living around her, because there was a complaint. What the apartment management did was offer to release her of the contract by waiving any fees for reletting, etc. That was an amicable agreement and she was out in 48 hours. I was glad to see her leave there anyway because of the layout of the apartment made illegal entry too easy.
My point is, sometimes it's just easier to leave where someone doesn't want you.

Has it been determined whether the friend knew the bad guys? Relocation may help him avoid a return or a payback.
Also, neighbors complaints weigh a lot in making this kind of determination by management. I'm sure there were complaints.
Finally, +1 on the 24 hour notice being totally unreasonable without some sort of additional compensation as in my daughter's case. Maybe even offereing free locater service...???
 
One day later, his apartment gave him 24 hour notice to leave. When he met with them, they said he needed to control his guests and family according to his lease.
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Pretty obvious that the threadstarter didn't/doesn't understand the meaning of the term, "evict." The landlord's giving the tenant a 24-hour notice isn't eviction. Unless there's information regarding a legal, through-the-courts eviction that the threadstarter didn't make us aware of, then the threadstarter's conclusion that an eviction had occurred was/is erroneous.
 
Having been a "landlord" in both Arizona and New York I can tell you from my experience, you just "ain't" gonna get someone out in less than 30 days. If he pays his rent on time, he is going to be ok. There are no laws denying you the right to protect yourself from home intrusion and I doubt a landlord could ever find a Court that would toss your friend out based on what you have said so far, they may want to because of the situation, but I doubt they can.
I also say it does sound a little strange that 2 perps would try KICKING IN A DOOR in an apartment building. Generally they want quiet and easy access so as not to have anyone know what is going on. I, too, smell something fishy here, why would 2 guys try to make a noisy entrance in a building with other tenents that could hear them and possibly call the Police.. that part doesn't make sense to me. Was he involved with drugs? Owe somebody money? Messing with someones wife or girlfriend? I too have been robbed, but it was when I was NOT at home and they knew it. I have the feeling there is more to this story than you are telling us, or possibly you know.
 
24 hours ?

Having been a landlord also if he was paying rent timely, did not commit a crime, and the perps were not guests or acquaintances and there were no other special provision clauses added to the lease, the owners better tread carefully, or it could cost them big. Was there security? Most smart apt managers will lease to LEO's just for this situation. He had a right to defend his home, and the gun was legally owned. You have to give them written notice, normally 30 days in advance. If his lease is nearly up they can refuse to renew the lease. Patch up the holes, put your tenants minds at ease, and try to install infrared security lights, maybe a camera. I always pre-screened all tenants, but that doesn't guarantee the tenant is A-ok. Managers jobs are hard, I used to get up at 4 AM every morning to check for too many cars in the parking lot, [boyfriends] and the laundry coin machines. Found a homeless person sleeping on the floor there one morning. The eviction process is lengthy, and has to be followed to the tee, you are far from out. You could come to an agreement to terminate the lease SIGNED by both parties. In Texas, the pre-screen also looks for past evictions, so you don't want that on your record. Glad your safe!
 
Ok, I wanted to let you know the info on this forum that helped. This info was gathered by myself, and given to him during a brief training when he purchased his gun.
Information on midset was the most important. I conveyed the importance of being prepared and ready. This was the one thing above all else that saved his life. He carried his gun on his hip ready to go at any time. Hollow points also discussed here helped stop the perp immediately. It was a .40 cal remington golden saber. I taught him the difference between fmj and jp, and why with info on this forum. Consequently, he let me know that a .40 cal hp stopped the perp immediately, and is quite effective.
Laws, also discussed here helped with him knowing he was in the right immediately. This helped with no hesitation and taking the legal shot.
 
1. It depends. Read the contract/lease. If it's a lease for a TERM, not month to month, or day to day, or week to week, then get lawyer and fight. There's no valid basis for eviction. If it's month to month or whathaveyou, then what is the stated notice period? If more than 24 hours, get lawyer and fight. Otherwise, call mover.

2. Don't worry about it unless he sues - he probably won't. If and when he does, hire lawyer and present defense.
 
2. Don't worry about it unless he sues - he probably won't. If and when he does, hire lawyer and present defense.
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Wouldn't it make sense and be a stand for justice if the "maybe-evicted" renter did a preemptive strike and filed suit against the surviving dirtbag and the apartment management? (for not providing adequate security)
 
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