Man evicted for shooting thief

World Net Daily ^ | 23 October, 2008 | NA

[marktwain]

A man and his family have been served with an eviction notice after he legally protected his property by shooting at a would-be thief. The unnamed resident at Landera apartments in San Antonio, Texas, took action after neighbors complained about having their vehicles broken into or stolen, KENS-TV reported. Vandals attacked his apartment, shattering a window and breaking into his car.

"It's just tough to swallow something that you work so hard for to get taken away from you so easily," he said. The burglars returned Tuesday, smashed his car window and ran away. The man called police and filed a report. "I just told my neighbor, maybe we should stay up, keep an eye on things tonight," he said. The intruders came back three hours later. "The driver's side guy got out, ran toward my vehicle," he said. Rather than watching strangers steal and destroy his possessions, the man ran outside and fired his shotgun five or six times, according to the report. He managed to hit one of the suspects. He is not facing charges. "Texas law states you can protect your personal property, even if it's deadly force," he said. To his dismay, the apartment served his family an eviction notice.

"We had three days to leave," he said. The man said he is unable to find another home in three days, much less afford an unexpected move. His apartment lease included a clause stating residents are not allowed to own or discharge guns on the premises – but he claims the rule is unfair.

[marktwain]

Not a lot of details here to work with. Sounds as if the apartment owners attitude needs publication so the market can work.

[driftdiver]

It is their property but is it even legal to ban the discharge of a firearm in this manner?

[basil]

I’m not sure the landlord can force this guy to move.....this will be interesting to watch since it’s right down the road from me-—and it is Texas.

[driftdiver]

I bet the property owner is not a Texas company.

[GoldenPup]

It’s LAWYER time. I’m sure the residents can find an attorney who would be glad to represent them for the publicity.

[Condor51]

What this guy is facing doesn't sound legal and the property manager/owner is out of line (and likely not a Texas Company).

• Whatever it says in the lease it MUST comply with the Law.
• If Texas Law says this guy can own/possess and USE a weapon in self defense, the lease clause means squat as it doesn't comply with the law.
• An illegal contract entered into - even willingly - like said lease appears to be is null and void and cannot be enforced.
• Eviction in three days? Bull. Thirty days is the standard, I can't see Texas being different.

All that said, this guy still needs a Lawyer ASAP but prolly can't afford one. He's still screwed. Caveat, 'if' gubmint section eight is involved, may be a new ballgame.

I'm not an attorney, but I've played one in court.

[LuxMaker]

This is part of the reason why it is so important to own property and not rent.

[gingeroni]

Follow up from San Antonio News says they can evict him.

http://www.mysanantonio.com/news/local_news/Eviction_stands_for_man_who_shot_at_thieves.html
Eviction stands for man who shot at thieves
[...]
If the man doesn’t move out, Ray says the complex has to file an eviction lawsuit, which usually takes about two weeks. That gives the man at least a little more time to move.

Landera Apartment management declined to comment.

[PAR35]

I’d at least investigate whether someone was using muscle to encourage the residents to leave as part of a larger plan.

[basil]

Must be that he management company can do this, then.

I'd love to see the contract that renters have to sign, to see how the gun ban is worded.

[Popman]

His apartment lease included a clause stating residents are not allowed to own or discharge guns on the premises –

If I lived in these apartments, I would plan on moving ASAP.

Nothing like advertising your renters are are prey for thugs

[Condor51]

*** This is part of the reason why it is so important to own property and not rent. ***

Yep, but renters should still read the lease, most don't.

Even owning has drawbacks with an association. Ours, after 30 years of no problems, *tried* to write up an entirely new covenant agreement. I alone had ten pages of exceptions.

We owners 'stormed the meeting with Pitchforks'. The new covenant agreement went into the trash.

[mewzilla]

Looks like Landera is owned/run by .....

The Alliance Residential Company

Looks to me, considering how big a pain in the butt it is to get info, that they're fairly picky about who lives there.

[PAR35]

Looks like it’s owned by Landera Realty LP, which is a front for northern interests.

C/O HARVEST EQUITIES INC
1831 CHESTNUT ST STE 702
PHILADELPHIA, PA 19103

[PAR35]

Looks like you looked for management, and I looked for property owner

http://www.bcad.org/clientdb/Property.aspx?prop_id=639145

[Popman]

Ours, after 30 years of no problems, *tried* to write up an entirely new covenant agreement. I alone had ten pages of exceptions.

Good for you, before you know it, the little minded nazi's on the board would be sending you demeaning letters telling you how to paint your home, plant your shrubbery, smoke your cigars in certain areas and what size car you can own and park on your own property.

[PAR35]

Nothing like advertising your renters are are prey for thugs

Sounds like that was already pretty well known in the area.

[G Larry]

Check the eviction laws.

I’ll bet he can stay put for 30 to 60 days.

[Drew68]

Yep, but renters should still read the lease, most don't.

A typical apartment lease these days is ten pages of fine print. I'll bet more of them than we realize have a "no firearms" clause.

As much as I disagree with it, I think it may be a liability issue for the property managers to have tenants owning guns. After all, they're the ones who are going to get sued if an irresponsible tenant accidentally discharges a firearm into another unit.

[Condor51]

***Good for you, before you know it, the little minded nazi's on the board would be sending you demeaning letters telling you how to paint your home, plant your shrubbery, smoke your cigars in certain areas and what size car you can own and park on your own property.****

Actually those restrictions were already in there (Just KIDDING).

The problem wasn't so much the Board as 'we owners' are the Board. This new Covenant idea came the Management Co 'we' hire.

The original purpose for a modification was to get up to date with the new Federal Laws on Associations and 'Outside Antennas'. With Dish TV the old Fed Law prohibited them 'from sight' so we had to get current.

BUT ..the law firm that was hired by the Management Co went fricken NUTS and rewrote everything. Like doing Stock Trading from Your Home Computer , or selling something on eBay - that would be forbidden -- like Hell! And get this one..

They (board or Mgt Co) could ENTER YOUR HOUSE at any time, without a warrant, to see if you are violating ANY regulation. (like some Gestapo inspection)

I kindly advised them that there would be Dead Bodies at MY front door if they tried this.

So yes, you're right. That new agreement was like some Nazi edict.