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PDF Editor FAQ
A landlord sent a letter to tenants warning them he will double rents if Biden wins but will freeze them if Trump wins. Despite the outrage on FB about this bad idea, how is this not completely protected speech under the 1st Amendment?
Bear with me. This answer isn’t going to say what you think it’s going to say.First of all, your landlord is not the government. The U.S. Constitution and all Amendments are between you and your government, not private parties. Therefore, the landlord does not have to honor your First Amendment rights.Secondly, the landlord is technically in compliance with Colorado law, since, regardless of the reasoning behind the letter, he would be well within the law, with a 10 day notice (on a month-to-month rental) to raise the rent beginning the next rental period. That letter serves as a 10 day notice (for month-to-month tenants).If the renter is under a lease agreement/contract, the landlord is held to abide by that agreement/contract. The landlord could not unilaterally raise your rent in violation of the lease agreement/contract until that agreement/contract expires or within 30 days prior to its expiration.Colorado is not a rent control State, therefore, the landlord could certainly legally raise your rent to whatever level he/she so desires, as long as the proper notice is given, regardless of the reason for doing so.HOWEVER there still might possibly a violation of CRS 1–13–713 of the Colorado law:“It is unlawful for any person directly or indirectly, by himself or by any other person in his behalf, to impede, prevent, or otherwise interfere with the free exercise of the elective franchise of any elector or to compel, induce, or prevail upon any elector either to give or refrain from giving his vote at any election provided by law or to give or refrain from giving his vote for any particular person or measure at any such election. Each such offense is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 1-13-111.”I’ll shorten that for you: It is unlawful for any person to directly interfere with the free exercise of any elector (voter) or to discourage that person from voting for a particular candidate or to encourage them to cast a vote for a particular candidate.I would say that the letter threatening to raise rent if a particular candidate wins would qualify as discouraging a recipient of that letter from voting for one candidate and encouraging the recipient to vote for the other candidate at the risk of financial impact.Of course, that’s just my opinion. The Attorney General may think otherwise.UPDATE - Seems a lot of people are paying higher rent these days.
If you had the power to write the next amendment to the US Constitution, what would the next amendment be?
Congress shall make no law, nor shall any executive action or order be implemented, empowering any institution or instrument of local, state or federal government, or of any agents thereof, or of any individual, to act in any way that may be deemed as an act of aggression, or to otherwise be the initiate of any act of force.1. Aggression is hereby defined as the initiation of any act that imposes any will onto any individual citizen of these United States, in any way that might limit the complete liberty of that individual, in as much as exercising of that liberty also cannot be defined as an act of aggression against another.2. All private ownership shall be considered sacrosanct, and any attempt to limit, usurp, make claim to, regulate or in any way impose any will upon the property or mechanism of such ownership shall be considered an aggressive act of force.a.) All concept of private ownership begins with, and stems from, self ownership of all individuals, and conversely, all fruits of that self-ownership, including all fruits of their labor and profits from the sale, lease or licensed usage thereof.b.) No law or other legal mechanism shall be enacted that would limit, or impose any barrier or hardship upon any individual in their ability to enter into any voluntary agreement or transaction with another individual, group of individuals or private enterprise, or that would prompt, encourage or place any requirement on any individual to do so.
My landlord had their attorney send me a cease and desist for talking to the press about rent increase. What do I do?
As stated by many here, the landlord is in violation of your first amendment rights. A lease or rental agreement cannot legally stop you from speaking to the press, or anyone else, about rent gouging or other illegal rental practices on the landlord's part.It is about as legally binding as if you are a witness to a robbery and the robber has you sign an agreement stating you will not call the police or identify him to anyone,The only way you can be in the wrong is if you are not telling the truth.I suspect you are in a rent control area or low income rentals where rent increases are strictly regulated or illegal. Your landlord is intimidating you. This in itself is not legal.You can send him a certified letter letting him know you know your rights and the laws he is breaking. You will need to find the laws in your area and cite each one he has broken in your certified letter.You can consult with a lawyer specializing in landlord/tenant law. This is the route I would take. If you do this without legal representation, any mistake you make could cost quite a lot. Your landlord is more likely to retaliate if you don't have legal representation. A lawyer can also give you more information on the steps you should take to sue for the infringement of your first amendment rights.I am not a lawyer, nor do I represent a lawyer or law firm.Know your rights as a tenant.Correction:The first amendment doesn't have any influence, my mistake. Unless this is in a state where that state's Constitution guarantees free speech and freedom of the press.
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