From: "Jim Sewell - KD4CKQ" <jims@Central.KeyWest.MPGN.COM>
Date: Mon, 18 Apr 94 08:18:02 PDT
To: cypherpunks@toad.com
Subject: CHA housing mess
Message-ID: <9404181517.AA23701@Central.KeyWest.MPGN.COM>
MIME-Version: 1.0
Content-Type: text/plain


 <My computer told me that Timothy C. May said:>
 > 
 > Speaking of landlords, when I was renting I certainly had no
 > expectation that the landlord had any "rights" to invite the police in
 > to inspect my place for guns, drugs, or other such "contraband." Was I
 > mistaken? (I'm not saying a landlord can't enter the premises...it
 > depends on the rental agreement. Most landlords give warning. Some may
 > snoop. But I think letting in the cops, without a warrant, is still an
 > illegal act. I could be wrong.)
 
   I can speak only for Kentucky law, but of that I speak firsthanded.  
   If a landlord knows you are dealing drugs, he can call the cops. 
 	The police have no extra rights and they must treat it as if the
 	tenant owns the place.  They can't say "We're here to look around
 	cuz the owner says we can".  This applies to any crime.
   In KY, rental agreements for apartments (Not for dorms at schools) do
 	not give the landlord any extra "search" rights.  Even if the lease
 	says you can go in at will the laws of the state require 2 days 
 	written notice unless the property is in imminent danger of being
 	damaged (fire, water leaks, etc...)
   Also, if the cops come to the landlord and say "Jobob is suspected of
 	having drugs, we want to go in... where's the key" without a warrant
 	the landlord is prohibited from letting them in.  Only with the
 	tenant's permission or a warrant is a landlord legally allowed to 
 	permit access to an apartment.
 
   Disclaimer: Again, this is KY law and your mileage may vary in other 
 			  states.  Also, I am not a lawyer (of course) but this
 			  information is taken from VERY close relationship with the
 			  apartment renting business (and not just reading my lease
 			  and assuming from there.)  
 
 	For what it's worth ... Jim
 
 
 
 
 
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 Key West, FL  33041                               	  CIS: 71061,1027
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