Probation Officers Visit Concerns
Summary
The user, on probation for a DUI offense, is worried about eviction from a property in Washington due to a probation officers visit. The lease agreement does not list probation as a ground for eviction, but does state that criminal activity is grounds for lease termination. The users DUI offense does not involve a felony, controlled substance, violence, or property destruction, which are the specific grounds for eviction listed in the lease. The lease does not define what constitutes a nuisance or mention inspections or visits to the property. The probation officers visit is to inspect for criminal activity.Full Conversation
i am worried about eviction from a property I just signed the lease with
Why are you worried about eviction? Have you violated any terms of the lease agreement?
i am currently on probation with the state of KS for a DUI that occurred in *. The residency in which I reside in is is WA. The property conducted a background check on me and approved my stay on the property. A probation officer will be coming to inspect my residence and had informed me that the property had evicted residents in the past for being on probation. The lease does not list this as a clause for eviction.
Have you discussed this concern with your probation officer or the property management?
no I have not
What is the reason you haven't discussed this with your probation officer or property management yet?
i would like to see if the probation officer’s visit goes unnoticed by property management
Have you checked if your lease agreement has a clause about visits from law enforcement or government officials?
Yes
Does your lease agreement have any clause about criminal history or ongoing legal issues?
yes, criminal history
What does the clause about criminal history in your lease agreement state?
It states that criminal activity is grounds for lease termination
What is the exact wording of the clause regarding criminal activity in your lease agreement?
felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers
What is the nature of your probation? Is it related to a felony, misdemeanor involving a controlled substance, violence, or property destruction?
Not a felony, not involving a controlled substance, and no violence
What is the exact nature of your DUI offense and does it involve any property destruction?
DUI 2nd offense. No property damage
What is the exact wording of the clause in your lease agreement regarding notifying the property management about any legal issues or changes in your criminal record?
felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers as a sex offender in any state. Informing us of criminal convictions or sex offen
What is the exact wording of the clause in your lease agreement regarding informing the property management of criminal convictions?
You agree to notify us if you or any occupants are convicted of any felony, or misdemeanor involving a controlled substance, violence to another person or destruction of property. You also agree to notify us if you or any occupant registers as a sex offender in any state. Informing us of criminal convictions or sex offender registry does not waive our right to evict you.
What is the exact wording of the clause in your lease agreement regarding eviction?
If you default other than by nonpayment of rent, as defined by Washington state law, we may end your right of occupancy by giving you notice as required by law, and this notice will state that you must either remedy your breach or vacate the apartment within the compliance period. Notice may be given in the same manner as the nonpayment of rent notice described above. However, if you permit waste on the premises, operate an unlawful business, or if conduct by you or your guests constitutes a nuisance, or if you are occupying the unit without color of title or the permission of the owner, we may give you a notice to vacate. If you fail to vacate the apartment after service of a termination notice made at least 20 days or more, or as required by law, before the end of the monthly rental period, we are not required to give you any additional notice. Resident understand that if Resident is given a notice to pay or comply or vacate and chooses to vacate the unit during the period of the notice, that the Resident shall remain liable for the rent through the end of the lease term or the next month in the case of a month-to-month tenancy.
Does your probation officer's visit fall under the category of "conduct by you or your guests constitutes a nuisance" as per your lease agreement?
Not listed
Does your lease agreement define what constitutes a "nuisance"?
Not listed
What is the exact nature of your probation officer's visit? Will it involve any activities that could potentially be considered a nuisance?
he will be coming to inspect the apartment.
Does your lease agreement have any clause about inspections or visits to the property?
no
What is the exact nature of the inspection your probation officer will be conducting?
presumably inspecting to see if I am engaged in criminal sctivity
Does your lease agreement have any clause about engaging in criminal activity on the property?
yes
What does the clause about engaging in criminal activity on the property state in your lease agreement?