JP171 wrote:jnichols2 wrote:I was informed by both the Air Force Legal Office and a private sector lawyer. The landlord has a right to inspect his property, and you must cooperate to schedule such a visit. If he uses his key to "walk in any time" he is trespassing, and you can have law enforcement evict him. When he rented to you, he assigned the control of the residence to you. That's what lease/rental is about. Also note: A car repossessor is actually outside the law if he doesn't have a court order.JP171 wrote:jnichols2 wrote:When you rent a home or place of business, you do acquire certain rights "as if you owned the property". Even the landlord can't just walk in.JP171 wrote:it is in a county owned facility its not enforceable but there is no case law as of yet proving that, there have been many discussions about it, some think that a short term rental of the hall negates the fact the building is owned by the county though no where in any law does it say that. me I walk past them when I go and that is rarely as you don't save a dime on anything in therejnichols2 wrote:I agree with the sign. I have no idea why it was written into the law the way it was, but I bet Charles Cotton could tell us.steveincowtown wrote:I didn't communicate my point very well. As a private property owner I think you should be able to tell anyone, at anytime, for any reason, to leave your property.jnichols2 wrote:I'm a "property rights" kind of guy.steveincowtown wrote:#1> Private property rights are not absolute. In both our home and our business we must maintain certain standards that we as the public have decided are needed.
#2> I think a private property owner should be able to ASK anyone, at anytime, to leave their property for any reason.
#3> I don't think that it should be an offense to just enter any ones business, doing anything, without first being asked to leave. In other words, why do we have a sign that criminalizes trespass by a CHL with no other notice than just that sign? Think about how ridiculous it would seem if we attached the same standards to any other activity?
"Is this 911"
"Yes, it is."
" I need to report a gentleman who walked right passed by no shirt, no shoes sign."
"We are on our way."
If I start a business, on the property I own, I HAVE NOT given up the right to TELL anyone to leave my property.
I think if you see something (heck, even suspect something) for any reason that you don't like, you should be able to tell a person to leave and they should do so immediately. I just don't think there should be a sign for it.
My first experience was yesterday, the first full day with my new CHL.
At the entrance to the Saxett Gun Show in Austin was a 30.06 sign I had walked past without seeing for two years.
I just shrugged my shoulders, walked back to the parking lot, and secured my gun in the car.
They already had LEOs at the entrance to enforce it.
I never "saw" the sign before because I didn't know what it was then.
"The Law is for the Protection of the People." Kris Kristofferson
Not sure if a 2 day short term rental counts. But the question was actually trumped by 3 armed LEOs prepared to enforce the sign.
The legal questions count in court among the lawyers, they do not count at the point of arrest among the arresting officers. The lawyers are later required.
Another sign stated that the LEOs performed "spot checks". I thought it best not to enter while carrying.
no it doesn't give you any renters rights at all, you get no keys you get nothing from the gubbermint that rented the space to you for 2 days. you still have to follow the rules as they see them, wee the saxet vs Austin thread. for an individual it is different when renting a room at the local motel 6 than a business renting from a county or city. also if you rent a house or apartment the landlord or owner can walk right in any time they want and you can't do squat about it, sorry you are mis informed, if its commercial property not only can the landlord walk in anytime they want they can lock you out and not allow you in anytime they want
The landlord CANNOT lock you out. A landlord in Austin just got his butt sued off for that. The landlord must petition a court, the court will empower the local Sherriff to evict you (lock you out). That's why it takes so much time and money to evict someone.
I won't speak to commercial property, as I have no actual experience. But, I suspect it's similar.
they can in fact lock you out as per state law, they must by law allow you to retrieve personal property( clothes pictures personal papers things like that) but not non personal property( furniture game systems TVs stuff like that) and they may sell such property to satisfy the debt owed on rent for domicile renters, commercial property they can lock you out and not let you get a single thing period as all business assets may be sold to satisfy the debt employees must prove ownership to be allowed to remove personal property. Hmm yep I know cause well yea I have done it and will do it as I need to do again
so if you're a landlord then you should know that you can NOT go into a renter's property without arrangement or you can be taken to court for breach of contract.
I've rented in CA, CO and TX and that's the law in all three states.
completely. Let me add one more point. If the business receives any public monetary support, in any fashion, is it really a private business? Examples include low interest loans for the SBA, tax breaks from the city/county, tax breaks for creating employment, or any other public tax assistance from the laundry list, is it truly a privately owned business? If one penny of my tax money, including higher taxes to finance the tax breaks, is used to enable the creation of a business with unrestricted public access, then it is no longer a privately owned business, but a government co-op where an individual or corporation is the majority stakeholder.