QUESTION
Is being evicted for not paying rent a parole violation for anyone on parole from prison?
Asked on Jul 21st, 2012 on Landlord and Tenant Law - Arizona
More details to this question:
If someone is on parole from prison and is evicted for any reason and told to vacate the premises within a certain amount of time, such as 30 days and refuses to leave the property, is that a violation of his or her parole? Mainly for not paying rent, or having a job and the landlord files a lawsuit for nomcompliance with the eviction notice.
12 ANSWERS
Leonard A. Kaanta
No.
Answered on May 29th, 2013 at 12:46 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No.
Answered on May 29th, 2013 at 12:40 AM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Being evicted for not paying rent is not a parole violation unless one of the conditions of parole was that the parolee live in a certain place and pay his or her rent. Parole is part of the criminal system and a Landlord-Tenant matter is a civil action so the problem with the landlord is in a different court and would not be relevant to what went on in the criminal case.
Answered on Aug 23rd, 2012 at 3:21 PM
evictions are civil actions, not criminal and should not be a violation of parole so long as you notify your PO of your new address. one of the possible exceptions would be if landlord was suing to evict because you were alleged to be engaged in some illegal activity/enterprese then if PO got wind might investigate you further
Answered on Aug 14th, 2012 at 2:11 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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I am not a criminal attorney and do not know exactly but probably not Landlord Tenant Eviction is a civil matter and parole violations are typically criminal actions.
Answered on Aug 14th, 2012 at 1:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I doubt eviction will be considered a violation. You will have to move, however, if a Court orders it.
Answered on Aug 14th, 2012 at 1:30 PM
If the eviction is solely for failure to pay rent that is not illegal and should not be a parole violation. You should consult a criminal law attorney to review the parole conditions.
Answered on Aug 13th, 2012 at 11:59 PM
This is really a criminal question, not a real estate question. Whether or not being evicted violates your parole would depend on the conditions of your parole. I would suggest contacting your parole officer to clarify how to proceed.
Answered on Aug 13th, 2012 at 8:13 PM
Dennis P. Mikko
An eviction proceeding is a civil, not criminal, matter. A person should not violate probation or parol by being evicted provided he/she provides his probation/parol officer with his/her new address. Failure to comply with a court ordered eviction will result in the court issuing a Writ of Restitution allowing a court officer to remove the person's property from the premises. Once removed, the court officer does not have to ensure the safety of the property removed.
Answered on Aug 13th, 2012 at 8:08 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Depends on the terms of parole, but likely not. Check with an attorney or the parole officer to see what would violate parole.
Answered on Aug 13th, 2012 at 8:03 PM
The terms of parole state what constitutes a violation. In Arizona, being evicted is not a criminal offense, so unless the terms of parole specifically state that eviction is a violation, then it is not a violation.
Answered on Aug 13th, 2012 at 8:02 PM
You need to discuss this issue with your criminal defense attorney. This is not a landlord/tenant matter.
Answered on Aug 13th, 2012 at 8:02 PM