Can James Holmes' landlord just consider him moved out and start clearing out the apartment...?

by **siwili** » Wed Jul 25, 2012 8:07 am

or does the landlord have to go through the eviction process?

BQ--Who pays to replace the windows? The Landlord or the City of Aurora?

by **adin55** » Wed Jul 25, 2012 8:14 am

Right now, that apartment is a crime scene. I don't think Holmes will ever live there again, so I guess once the authorities give the landlord the OK, he can rent it out. I also assume the police dept. or whoever has been going through the apartment would pay for any damages. He probably has to put in a claim.
But, I'm thinking it could be a while before they release the apartment--and then, who's gonna want to live there? Maybe it would attract some people, but I'm not sure I'd want to live in a building who would want this guy's apartment.

by **stephon14** » Wed Jul 25, 2012 8:18 am

Laws Vary By State

While it's pretty obvious he is guilty, our constitution guarantees that your are innocent until proven guilty.

Another stated it is a crime scene which is correct. But the police do not have the authority to terminate the lease; only the courts do. The landlord will have to evict him and follow the law regarding removal of his property if there is no family to take possession of his belongings.

As for the other's comment about damages and the police, the city is not liable for damages to the apartment in the course of action. Would you be able t file for damages from te fire department because they busted down your door in because they suspected a fire and no onewas able to unlock the door? Or that they hacked holes in the walls because they were opening access to hose down suspected "hot spots"? No. The damages were done in the line of duty to protect the citizenry.

by **jabarl** » Wed Jul 25, 2012 8:20 am

"Who pays to replace the windows? The Landlord or the City of Aurora?".... I think they might be able to get it covered under their home owners insurance,, if not, the city would cover the cost..

because he had the apartment wired to blow up and or such, he defaults on his lease and she can immed, evict him,

by **tredway** » Wed Jul 25, 2012 8:32 am

The laws of every state are different, however in my state, if he is a danger to other tenants or the neighbors, he can be evicted with a 24 hr. notice. It will then be up to the land lord to prove he was danger if he contest the 24 hr. eviction.

The 24 hr. danger to others eviction was specifically designed for people like Holmes. It is just plain stupid to let someone stay for 30 days if he is dangerous.

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