Eviction Without Conviction

My question involves an eviction in the state of: UT

I was dating a girl in the same apartment building i was renting from. She was a kink and liked to get spanked so i would do that for her. Well, we broke up, but she wanted me to come up to her place one last time because she wanted to be held accountable for her part of the failure. Which i did. (Full story on that here: http://www.expertlaw.com/forums/showthread.php?t=112017)

Three days later, cops show up and arrested me for assaulting her. I haven't had trail yet, but she also got me evicted. They didnt even ask for my side of the story. Read the link and you will see there are quite a few things that makes it look like she entrapped me. Is my civil right of where im innocent until proven guilty voided when renting a students apartment? It doesn't sound legal what they did. What should i do? Call the ACLU?

How did she "get you evicted"? She's not your landlord.

She went to the landlord saying i assaulted her. I got a notice on my door the next day saying im being evicted for assaulting another tenant and disturbing the peace. Dont know what the whole disturbing the peace part is about...

you can refuse to vacate. The LL will then be required to seek your eviction through the courts.

Quote:

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Is my civil right of where im innocent until proven guilty voided when renting a students apartment?

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before fighting an eviction, you might research the terms of your lease. Not sure what you mean be "a student's apartment" but if this is school property, they may have some quite stringent rules you must follow.

Its not directly ran through the university, its just marketed as a students apartment. There is some sort of honor code, but we didn't violate it.

I already moved out, i didn't want to be near this psycho, but i was hoping i would be exempt from my contract. The apartment is still expecting me to pay rent until the room is full. That's whats getting me, i had to move in someplace else to stay near my school and cant afford rent at two different places.

I was hoping they did something illegal so they would back down and give me my last months rent and my deposit back. They didn't even ask for my side of the story.

so, did you move as a result of the notice? What exactly did the notice say?

I was planning on moving anyway, just with the notice things got expedited. I didn't want to be there anymore anyway.

The notice said this:
This document is a written notice of your first violation of the student housing agreement (cites paragraph of contract)

Then it shows the part i 'violated': Any reckless endangerment of human life, assault, harassment, nuisance, disturbance of the peace, intentional damage of real or personal property of owner, etc.

Then it says 'We have received word of harassment and disturbance of the peace towards another tenant. This behavior is intolerable and, BECAUSE OF SAID CONDUCT YOU ARE BEING EVICTED! See attached eviction notice. Please respond to this letter by removing your belongings from the apartment. You will need to check out no later than Dec. 14th.

There was no attached eviction notice now that im looking it, all it said was this...

tell them they terminated the contract by ordering you to vacate the apartment. They have no right to seek compensation for any time you did not inhabit the unit.

For them to force you out, they would have had to take you to court. What they did was attempt to terminate the lease by making the demand, You simply accepted their offer to terminate the lease.

Of course, there could be some specifics within the lease that might change all of this but generally, when you evict a person or demand they vacate, the LL loses their right to collect any rent for any remaining time on the lease.

If I am reading this thread correctly, you have not violated any of your lease arrangements.

For the first residence, they have to move forward with a standard eviction and cannot keep you out of your unit before a decision has been reached by the court. During this time, this is technically your place and yes, you must continue paying rent.

If you decided to take on a new residence, you would be required to pay both rents unless you are let out of your first residence.