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To update all of you that have been eating your popcorn and waiting, here is the conclusion to this.
North Carolina General Statutes § 42-63(b) states a landlord can have a guest or a tenant of a residence removed and banned from places like apartment complexes when criminal activity has occurred on or near the premises and can be proven, however such an order must be issued through the court.
Being that the law (the Landlord-Tenant Rights) was not followed here, a ban simply issued by a landlord would not constitute a visitor as a trespasser when invited by a tenant, and therefore is not legally enforceable. The ban policy is not clearly posted in managements office and is not incorporated into the lease, thereby making any punishment to the tenant unenforceable under the Landlord-Tenant Rights, and any such verbiage in a tenants lease violates federal law under the Fair Housing Act.
Secondly, oral or written statements given to a landlord that may be used in any court proceedings, such as determining whether a person can be banned by the court, or any other court proceedings such as a case against a visitor for Second Degree Trespassing, is not admissible, since it is considered as hearsay.
I put the law to the test, and I am sure you guys know who won. The rest is history!
I thought I would share the conclusion of this with all of you. Hopefully this information will be useful to someone else in a similar situation where no criminal acts were involved whose civil rights are being violated, or attempting to be violated, by a landlord who thinks that they run the show.
Stand up for your rights! If you don't, someone will surely be eager to take them away from you.
I don't understand how all of this can be legal, and how after having one case dismissed, how a magistrate would allow her to take out additional charges for the same thing.
I think the apartment manager thinks I am just "another one of them thur dumb mountain hillbillies" and tries to get her way by pushing intimidation and fear on the tenants and their guests by threatening to have the guests arrested. At this point, I am strongly considering taking civil action against the apartment manager and the housing authority, with the guidance of the American Civil Liberties Union, because of her blatant violation of our basic civil rights. Google "Sharps v. Housing Authority of the City of Annapolis."
Have a question and I need help asap... broke up with individual after dating on and off you years. We had a vehicle together at the time of breaking up. He took papers to rent office out of anger saying lived with me. Which he did not he slept in his own house he was rent not far from my residence at that time. But claimed he was hurt and didnt want to lose me over time to someone else. Rent office of course took me to court he however neven showed to proclaim his story. Now about a year late we've been dating off the property where i live. He resently proposed and now my question is how can a bared individual be unbared if marriage is being a serious matter.
Have a question and I need help asap... broke up with individual after dating on and off you years. We had a vehicle together at the time of breaking up. He took papers to rent office out of anger saying lived with me. Which he did not he slept in his own house he was rent not far from my residence at that time. But claimed he was hurt and didnt want to lose me over time to someone else. Rent office of course took me to court he however neven showed to proclaim his story. Now about a year late we've been dating off the property where i live. He resently proposed and now my question is how can a bared individual be unbared if marriage is being a serious matter.
I have no idea what that means, or what your question is.
The manager is trying to ban my friend from the apartment complex. He hasn't done anything wrong to be banned from the property. He use to live here but broke his lease. That's all he's done
The manager is trying to ban my friend from the apartment complex. He hasn't done anything wrong to be banned from the property. He use to live here but broke his lease. That's all he's done
Bummer.
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