Can A Landlord Evict You For Calling The Police? (Find Out Now!)
Being evicted for calling the police may sound unlikely, but unfortunately, it’s something that happens somewhat frequently. You might wonder whether these evictions can only happen if the police are called without a legitimate reason. In reality, it depends on your local laws and whether a nuisance ordinance is in place.
If you live in an area with a nuisance ordinance, you can be evicted for calling the police too frequently. In locations without nuisance ordinances, you may have the right to call the police without being penalized by your landlord. If your landlord does try to evict you, you can use local laws as a defense and request an injunction.
In this article, we’ll talk about whether tenants have the right to call the police without risking repercussions. We’ll cover what you can do if your landlord attempts to evict you in an area where tenants are protected. We’ll also discuss what can happen if you live in a location with a nuisance ordinance.
What Do State And Local Laws Say?
Laws around evictions due to tenants calling the police vary widely from state to state. In some states, it’s completely illegal to evict tenants because they called the police. But in other places, nuisance ordinances result in numerous evictions due to tenants calling the police.
If you’re wondering whether your landlord can evict you for calling the police, be sure to research local laws. If there is a nuisance ordinance in your area, you’re likely to be evicted for calling the police multiple times. Without a nuisance ordinance, you’ll have more protection and freedom to call the police.
Situations In Which A Tenant Can’t Be Punished For Calling Police
Suppose you live in an area without a nuisance ordinance. In this case, there are certain situations where you can’t be punished for calling the police. In fact, your landlord cannot punish you or even threaten to punish you in these situations.
You can exercise your right to request law enforcement or emergency assistance on behalf of three specific instances. First, you can call the police as a victim of abuse or on behalf of a victim of abuse.
Second, you can call the police as a victim of a crime or for a victim of a crime. And third, you can call the police if an emergency is taking place.
What Landlords Can And Cannot Do
In places without nuisance ordinances, landlords can’t penalize tenants who call law enforcement or emergency assistance to a property. They also can’t penalize you if someone else calls law enforcement or emergency assistance to your residence.
For full protection, anyone who calls the police must believe that emergency assistance or law enforcement is necessary. This could be to handle an emergency, a crime, or an act of abuse.
What Can You Do If Your Landlord Tries To Evict You?
What if there’s no local nuisance ordinance, but your landlord still tries to evict you for calling the police? There are a couple of things you can do.
Use Local Laws As A Defense
First, if there are local laws protecting your right to call the police, you have a ready-made defense. If your landlord has sued you and attempted to evict you, then you can argue that they have violated these laws.
Generally, a judge will assume your landlord has violated the law if the following situation applies.
The landlord violated the law if they filed a complaint to evict you within 30 days of calling the police. The landlord’s complaint must state that calling law enforcement violates the lease or rental agreement. It could also say that the call constituted a nuisance.
Your landlord would have to show that there was a substantial reason for the complaint, aside from calling the police. They’ll be offered a chance to prove that they didn’t violate the law or your right to call the police.
Still, it’s important to note that this only applies if there is no nuisance ordinance in the area. Unfortunately, if there is, landlords are following the law by evicting tenants that call the police frequently.
Request An Injunction
Another option if your landlord attempts to evict you (in areas without nuisance ordinances) is to request an injunction. An injunction is basically a court order. It stops a person from taking certain actions.
In this case, an injunction can stop your landlord from creating or enforcing a policy that violates the law. Again, this only applies if there are local laws protecting tenants’ right to call the police.
The injunction can also stop landlords from penalizing or threatening to penalize the tenant for calling the police. However, the tenant who requested help from law enforcement must have had a legitimate reason to do so. This could be calling on behalf of an emergency, a crime victim, or an abuse victim.
Are There Any Lease Regulations Around Calling Police?
In some areas, it’s illegal for a landlord to say in the lease that tenants cannot call the police. Depending on local laws, landlords may not be able to prohibit tenants from contacting law enforcement or emergency assistance. However, this is limited to calls that are made on behalf of abuse or crime victims or people in emergencies.
When Are You Allowed To Call The Police?
There has to be a legitimate reason behind calling law enforcement or emergency assistance. The person calling must believe that the police are needed to either prevent or handle an emergency, crime, or abuse.
Calls are also considered legitimate if they are meant to stop the heightening or worsening of an emergency situation.
Many cities across the country are adopting nuisance ordinances. These are regulations that impose criminal penalties and fines on landlords and tenants when police are called too frequently. In some locations, landlords are fined when police are called three or more times within a period of 30 days.
What Are Nuisance Ordinances?
Nuisance ordinances are sometimes called crime-free ordinances or disorderly house ordinances. They essentially designate specific properties as nuisances when a certain number of calls for police services take place.
Properties can also be labeled nuisances if specific types of conduct take place there frequently. This generally includes things like disorderly conduct, stalking, harassment, and assault.
Nuisance ordinances apply even if the tenant called the police for a legitimate reason. They also apply if another person (not a tenant) called the police to the property.
What Are The Consequences Of Nuisance Ordinances?
As a result of the nuisance ordinance, landlords are penalized, and they typically penalize their tenants accordingly. Generally, landlords’ only options are to either face punishment or take action against their tenants.
Landlords will usually instruct their tenants not to call 911 or refuse to renew their lease. In some cases, they evict the tenants to avoid further problems with the nuisance ordinance.
Can a landlord evict you for no reason?
A landlord cannot legally evict you for no reason. However, they can evict you if your lease ends and they don’t want to renew it. Other valid reasons for eviction are causing significant property damage, engaging in illegal activities, or violating lease terms.
Can a landlord evict you for having a pet?
In some cases, a landlord can evict you for having a pet. If your lease states that no pets are allowed, then your landlord can evict you for having a pet. If you’re allowed to have a pet, but it constantly barks or otherwise causes a nuisance, you can be evicted.
Can a landlord evict you without a court order?
Generally, landlords must provide reasonable notice to tenants if they wish to evict them without a court order. This usually means that they need to provide verbal or written notice at least a month ahead of time.
With a lifelong passion for writing plus strong enthusiasm for home improvement and DIY projects, joining the team at Upgraded Home was an easy choice. Jessica Allen likes to share helpful information with current and aspiring homeowners. Aside from writing, Jessica loves doing yoga, playing the piano, and dabbling in graphic design.
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