Good Evening everyone. I live in PA and will be moving into an apartment complex. My question is even though PA has a stand your ground law, god forbid i ever had to defend myself in the apartment or on the grounds and I am found not guilty can the apartment evict me either during the investigation or after if found innocent? I highly doubt a situation will ever arise as its a pretty decent complex and very family oriented but you never know.
I’m no lawyer but I’d say “not very likely”. In order to be thrown out of the complex you’d have to violate some rule in your lease contract.
Personally, I’d not let it bother me either way. If I’m in a life or death fight I would never consider eviction at all.
I agree with @WildRose if my or my loved one’s life is on the line being evicted will be the last thing on my mind.
Richard I would really take @WildRose and @Lacy @45IPAC and don’t worry about things like that. If it comes up I think eviction is a process I do not think it’s an overnight thing and that is something to inform your USCCA Attorney about immediately with no delay so they can stop something such as this.
In NC an eviction takes at least 30 days. The person being evicted can appeal it twice. In doing such the person being evicted can delay the process by up to 3 months. Most here don’t because they cannot afford the cost to do an appeal.
In some states like California it can take an eternity. In Texas it can take as little as 32 days.
It really all depends on your rental/lease contract.
Recent court rulings have have clarified that your Second Amendment rights are still fully in place even in rentals and here in Texas we’ve added very specific language to protect carry as well.
@WildRose hit the nail on the head. You could find another apartment, if it came to that. If it’s life or death, where you reside afterwards is the least of your worries. I would be more interested in what I’m using for self defense in the complex. Weapon and ammo choice.
Thank you everyone for the feedback. Luckily my ccw/hd is an lcp, want to get an lc9 in the near future. Given caliber size it shouldn’t cause too much damage. I have a 12 ga too which has the Hornady critical defense rounds consisting of 8 pellets which i think would be a fair weapon as well. On the bright side i am accurate as hell with both up to 10 yards and do very well with sporting clays
Welcome to the community @Richard90. Eviction law varies by state but, in most case, tenants can only be evicted at the expiration of the lease or if there is a breach of the terms and conditions of the lease. Tenants may also have additional rights, not included in the lease based upon state law and/or the adoption of the Uniform Residential Landlord Tenant Act, which also varies by state.
That said, as long as defending yourself does not violate the lease, then it should not lead to eviction. Additionally, if methods of self defense are restricted by a landlord and the location has a history of being dangerous, the landlord may have additional duties to provide adequate security and that failure could be subject to a civil action.
All this is under the caveat that i do not know where you reside or the law for your jurisdiction and cannot provide legal advice,