Being evicted for marijuana

[c0rpse]

What is the name of your state (only U.S. law)? Florida

Hi everybody, my name is Mason. I am a 19 yr old male college student at UCF. I was on my way home from school this morning when I got a call from my landlord saying he came by the house to check the work that our repair man had done and had found some disturbing things. When I got to the house he was in the drive way with a digital camera. He proceeded to show me pictures of each of the "disturbing things." This included SWIM's friend's 2' waterpipe, the inside of SWIM's box that he keeps his stuff like papers and the grinder in, SWIM's scale, and stems and ash on the coffe table. He agreed not to call the cops as long as I relinquish my rights as a tenant to him in written form immediately and move my stuff out in the next three days. There are a few catches though. The first being he did not give us notice before he came by this morning. our lease states that upon reasonable notice by telephone, hand delivery, or posting he can show up. He showed up at our door when i was not here and he let the landlord into the house. The landlord told my roomate he would be checking the carpet on the stairs. When my roomate went upstairs he found the landlord in my room taking pictures. The landlord said he was in there to check a spot that needed to be painted, there is a spot that needs to be painted, but the handyman hasn't even begun to do this work. The next catch involves those pictures and the manner in which they were obtained. The landlord did not just walk into my room and find a waterpipe sitting out. It was hidden behind the tv with a t-shirt covering it so no part was exposed. This means he saw the shape through the shirt and then brushed the shirt off of it to take the picture. Also, the box that he took a picture of the inside of was not open when I left my house or when I came home after this mess, yet the box was open in the picture. I know that he has no right to search my personal belongings. The landlord also went into my roomate's room, flipped his bed over and moved his stuff around. What do you guys think I should do? Thanks

[ElvinMelvin]

Originally Posted by c0rpse

What is the name of your state (only U.S. law)? This included SWIM's friend's 2' waterpipe, the inside of SWIM's box that he keeps his stuff like papers and the grinder in, SWIM's scale, and stems and ash on the coffe table.

The landlord did not just walk into my room and find a waterpipe sitting out. It was hidden behind the tv with a t-shirt covering it so no part was exposed.

What do you guys think I should do? Thanks

What does SWIM mean?

Is roommate on the lease? If so and he gave permission, I think the landlord had the right to enter:

83.53 Landlord's access to dwelling unit.--

(1) The tenant shall not unreasonably withhold consent to the landlord to enter the dwelling unit from time to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workers, or contractors.

(2) The landlord may enter the dwelling unit at any time for the protection or preservation of the premises. The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. "Reasonable notice" for the purpose of repair is notice given at least 12 hours prior to the entry, and reasonable time for the purpose of repair shall be between the hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the dwelling unit when necessary for the further purposes set forth in subsection (1) under any of the following circumstances:

(a) With the consent of the tenant;

So, grinder? Scales? Sounds like you guys are dealing. In any event, you have a lot of illegal paraphernalia as well:

893.145 "Drug paraphernalia" defined.

5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances.

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing cannabis, cocaine, hashish, hashish oil, or nitrous oxide into the human body, such as:

(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes, with or without screens, permanent screens, hashish heads, or punctured metal bowls.
(b) Water pipes.

The water pipe was in your room, so your possession it would seem.

I can't speak to the issue of whether the owner had the right to do the search he did (though the language of the statute that "the landlord may enter the dwelling unit at any time for the protection or preservation of the premises" leads me to suspect he was within his rights, but I do not know for certain), but you asked what I think you should do:

I think you should move out quickly and quietly and thank your lucky stars that he was cool and did not call the cops.

JMHO

[Yertle8]

Yes, be glad that he didn't call the cops, it gives you time to get rid of anything illegal from your apartment. Do that first, then make your decision as to whether you want to move out in the requested time.

[positronix1022]

Originally Posted by ElvinMelvin

What does SWIM mean?

Probably "Someone Who Isn't Me".

[Banned_Princess]

If I am reading correctly, what you are saying is, landlord showed up unannounced, (which is a violation of the lease) was let in by a guest, then proceeded to your room, and nosed around, found a hidden box that was closed, pulled it out, opened it, and took pictures of it......

Personally I would inform the landlord that I am not going anywhere, and to please call the cops so I can report him for unauthorized entry and invasion of property. and the LL can explain to them how he got the pictures.

I would tell him he cant use the pictures because he was in your room, and going through your stuff in order to get that picture, and I would tell him that if he wants you out, he will have to evict you through your local court, and since you pay your rent on time, and haven't broken any of the lease, he will have a hard time doing so with pictures he obtained illegally.


On the other hand, don't expect him to renew your lease. So be prepared for that.

Is there anyway whoever was in the house had it out? When you went into your home was anything else moved? Did he put the box back where it was?

[Banned_Princess]

[quote=c0rpse;2382915]What is the name of your state (only U.S. law)? Florida

I was on my way home from school this morning when I got a call from my landlord

This shows the LL could have easily called OP to inform him of his intent to come to the house to inspect for the handy man or whatever.

saying he came by the house to check the work that our repair man had done and had found some disturbing things.

Still he should have called to say he was coming to do that.

When I got to the house he was in the drive way with a digital camera. He proceeded to show me pictures of each of the "disturbing things." This included SWIM's friend's 2' waterpipe, the inside of SWIM's box that he keeps his stuff like papers and the grinder in, SWIM's scale,

Well, at least he kept it all in a closed box.

and stems and ash on the coffe table.

Well, thats in plain view.

He agreed not to call the cops as long as I relinquish my rights as a tenant to him in written form immediately and move my stuff out in the next three days.

I wouldn't do it, I will call them myself.

There are a few catches though. The first being he did not give us notice before he came by this morning. our lease states that upon reasonable notice by telephone, hand delivery, or posting he can show up.

He showed up at our door when i was not here and he let the landlord into the house. The landlord told my roomate he would be checking the carpet on the stairs.

Who is "he" and you do mention it was a roommate, is roommate on the lease? because then he entered lawfully.

When my roomate went upstairs he found the landlord in my room taking pictures. The landlord said he was in there to check a spot that needed to be painted, there is a spot that needs to be painted, but the handyman hasn't even begun to do this work.

Well, maybe that was his inital plan, and he would need to know before the handy man got there so he could tell him what to do.

The next catch involves those pictures and the manner in which they were obtained. The landlord did not just walk into my room and find a waterpipe sitting out. It was hidden behind the tv with a t-shirt covering it so no part was exposed. This means he saw the shape through the shirt and then brushed the shirt off of it to take the picture. Also, the box that he took a picture of the inside of was not open when I left my house or when I came home after this mess, yet the box was open in the picture.

This is where you have a chance

I know that he has no right to search my personal belongings. The landlord also went into my roomate's room, flipped his bed over and moved his stuff around. What do you guys think I should do? Thanks

I think you should have called the police immediately. Don't agree to move out, and just be prepared to move at the end of your lease, and tell the other person who lives with you not to let him in next time without proper notification. And when LL is there he should be followed around, and if he starts going through stuff to call the cops.

Get a safe to put your stuff in.

[Adalaide78]

Lets assume for a moment that the roommate is on the lease and had the right to admit the LL. Lets assume that the LL was there to take pictures of where things need to be painted in the OP's room. Lets assume as the OP is stated is possible that LL saw the shape of the pipe under the t-shirt. This is where the LL should have called the cops and ratted out a drug using tenant. On the other hand, what are the consequences to the OP to call the cops and basically say "I have some drug paraphenelia and my LL took some pics of it in my room but I think he did an illegal search of my room." Could admitting to owning said objects give reasonable cause for a search and lead to OP getting arrested on drug charges?

[Yertle8]

Of course, before you do anything BP suggests, you'll want to get rid of everything illegal from your apartment.

Keep in mind - illegal doesn't just apply to drugs and paraphenalia.

[Banned_Princess]

Yes well definately he should give back "SWIM's" stuff.

Or get a safe to keep the things you dont want someone to accidentally stumble upon. Cant accidently find open and look inside a locked safe. LL cant even demand he open the safe so he can see inside.

Tenant has a right to privacy in the home he is renting, and the discovery was not made in a lawfull way, therefore it can be thrown out. Even if he saw the shape of the bong. (IN A BOX) that still does not give him the right to pull the box out, open it up, and look into it.


Yes, I would call the cops to tell them my landlord was going through my things and took pictures. Yes I would get rid of the stuff or hide it again before the police arrived. and Yes I would give the LL hell until my lease was up.

[Banned_Princess]

[quote=Adalaide78;2383587]Lets assume for a moment that the roommate is on the lease and had the right to admit the LL. Lets assume that the LL was there to take pictures of where things need to be painted in the OP's room. Lets assume as the OP is stated is possible that LL saw the shape of the pipe under the t-shirt. This is where the LL should have called the cops and ratted out a drug using tenant. On the other hand, what are the consequences to the OP to call the cops and basically say "I have some drug paraphenelia and my LL took some pics of it in my room but I think he did an illegal search of my room." Could admitting to owning said objects give reasonable cause for a search and lead to OP getting arrested on drug charges?[/QUOTE]

Not unless a judge thinks so to sign the warrant. And by that time OP should have been smart enough to get rid of it.

And of course OP wont say "I have drug paraphanelia and my LL took pics of it," he would say LL was in my house while I was not there and was going through my roomate and I's stuff. Then roomate can verify the matress tossing and whatever and LL will be warned not to do that again cause apparently he doesnt know.

[c0rpse]

I now have everything out of the house. The only thing that worries me are the pictures of the stems. The stems were just sitting on the table, so those pictures can be used against me, correct?

[IsabellaSoriano]

Originally Posted by c0rpse

I now have everything out of the house. The only thing that worries me are the pictures of the stems. The stems were just sitting on the table, so those pictures can be used against me, correct?

well.....he's have to prove who put them there. who's to say he didn't come in, put it there himself, take a picture and then leave?


at least that's all i could come up with.

that, and get yourself to rehab.

[Banned_Princess]

Originally Posted by c0rpse

I now have everything out of the house. The only thing that worries me are the pictures of the stems. The stems were just sitting on the table, so those pictures can be used against me, correct?

Yes those ones are indisputable. But your moving like he wanted so there's nothing to be worried about.

I hope you learn from this, clean up your mess and BUY A SAFE.


I would also let whoever lives with you know that anytime a landlord comes unannounced and wants to come in, invite him back in 24 hours, and get cleaning and hiding...

Good luck.

[IsabellaSoriano]

Originally Posted by Banned_Princess

Yes those ones are indisputable. But your moving like he wanted so there's nothing to be worried about.

I hope you learn from this, clean up your mess and BUY A SAFE.


I would also let whoever lives with you know that anytime a landlord comes unannounced and wants to come in, invite him back in 24 hours, and get cleaning and hiding...

Good luck.

or...just don't do any drugs at all....ever. or deal for that matter.....

[Yertle8]

Originally Posted by c0rpse

I now have everything out of the house. The only thing that worries me are the pictures of the stems. The stems were just sitting on the table, so those pictures can be used against me, correct?

I can't imagine them being admissible, but I'm not a lawyer. They could definitely bring attention from the police down on you, which is why you got rid of everything.