Police search without a warrant.

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I'd be out of there so fast, you'd think I'd been shot from the Paris gun.

No warrantless searches, no way, no how.

Totally non-negotiable.
 
DR505 said:
However, the tenant has privacy rights and 4th Amendment guarantees against unlawful searches and seizures. As the occupier of the house, you can rescind permission to search AT ANY TIME...even in the middle of a search. You can also limit the scope of a consent search to specific areas or rooms. If you had a guest staying with you and he or she had their own room, you cannot give permission to search that room!
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If that is a right, and I'm not a lawyer or Holiday Inn patron, here is how it would go down.

Landlord: "I'm here with the cops to search the apartment."

Tenant: "Got a warrant?"

Landlord: "No".

Tenant: "Then under my 4th Amendment rights I refuse."

Cop shrugs and leaves, next day landlord serves you notice to quit for breaching the contract you signed. You've still got your rights, but nowhere to live. See how well that works?:p

Certain draconian legislation has brought about these kinds of lease deals. In this state a landlord could find himself minus a property if it is found to be a drug house as it will be seized and sold. NRS: CHAPTER 453 - CONTROLLED SUBSTANCES

How/if this works with so many out of state landlords I don't know. It would not surprise me to find that there are a bunch of "Plaintiff vs Clark County" lawsuits clogging up the local courts on the subject.
 
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DR505 said:
But you can rescind that permission when the cops show up. It doesn't matter what you signed previously. I've started consent searches with a signed permission form only to have the homeowner change his mind. Guess what, search over.
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In its simplest terms, the 4th Amendment applies to the government, not to private property owners. Except for certain limited exceptions such as race or gender, the apt. owner can demand what he wants. You can agree to his terms or go elsewhere. And, yeah, you might rescind your consent to search - I expect you will get your eviction notice the next morning. You rescind consent, you breach the lease agreement and you're out the door. Caj is right. The law ain't about "fair." Never was. It's about legal. The two aren't the same thing!
 
I have worked in law enforcement in Massachusetts for over 30 years. The only way we can enter a dwelling is by a warrant, consent, or exigent circumstances. Anyone who resides in a dwelling, owned or rented, has standing rights to an expectation of privacy. Consent must be granted, or denied, on an individual case basis. "Blanket consent" wouldn't fly here. I have no problem with having to get a warrant to search. It's the law of the land, and I am thankful that I live in a country where the law of the land protects individual rights.
 
I'd have to think: "Is this the hill I want to die on?" And you know, there's some people that I don't want to give my money to, and that would include a landlord that laid that sort of requirement on me. Enjoy your new pad, wish I was there for the housewarming, I'd give yall a box of ammo and some new towels or somethin'.:)
 
Move.

Review your new lease before you sign.

Unless, of course, you have a lot of money you want to give to your favorite lawyer to fight about it (and lose).

Then, sign stay and fight the 'good fight' , lose and pay for your lawyer, their lawyer, the term of your lease and for a new place.

Move.
 
Owner brings off duty LEO cousin over to search the place, hey he is a Policeman. I believe every rental i ever signed had in it I would provide the property manager a key within 24 hours if the locks were changed. The last one my son had said failure to do so resulted in immediate eviction.
I would move and write Letters to the Editor in all nearby towns of what was in the new lease XX realty was giving to tenants who had were never late with the rent and kept things in good condition. As an address I would use my previous one. Future renters will see this and the managers name will be associated with it. It is probably the only damage you can do about this. Own your own home ASAP as your wife graduated.
 
Good thread, sad situation.

All the more reason I'm glad I own my home.
 
That's pretty profound......

Hillbilly77 said:
I'm just tired of the idea that if you refuse to allow your Constitutional Rights to be violated, then you must be hiding something.


How about, I refuse to let my Constitutional Rights be violated because they are MY CONSTITUTIONAL RIGHTS.
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I like that. I may be using that reasoning in the future.:)
 
CAJUNLAWYER said:
Lots of time the popo use that as an excuse to get in-they get the landlord to "inspect" the property and if he sees something in "plain view" he can notify the police who then have PC to go in.
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Really? That type of thing happens? Say it isn't so! I'm simply shocked and aghast at the idea of such a thing.
 
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