Constitutional Law

[bearcat22]

I am in Washington DC. Looking for case law cites that would support the following legal theory: It is not legal or possible for a lease to prevent the tenant from exercising constitutional rights, specifically the right to freedom of expression. Would help if the cases were from whatever circuit the DC court system is in. Thank you for your help.

 

[Just Blue]

I am in Washington DC. Looking for case law cites that would support the following legal theory: It is not legal or possible for a lease to prevent the tenant from exercising constitutional rights, specifically the right to freedom of expression. Would help if the cases were from whatever circuit the DC court system is in. Thank you for your help.

Please define what you mean by "freedom of expression"? What are you trying to express?

 

[PayrollHRGuy]

Unless the landlord is some version of the government. Protected rights of the Constitution protect you from Government action not the actions of non-governmental entities.

 

[FarmerJ]

You didn't say if its a residential lease for a single family home or apartment, or a commercial lease ? you didn't say if its a residential lease in a property that has so called restrictions, HOA rules, condo rules or some kind of by laws that are written into a lease that regulate things such as outdoor spaces such as porches , balconies, common yard -green spaces etc.

 

[PayrollHRGuy]

Farmer, I don't really see where any of those issues matter.

 

[Taxing Matters]

I am in Washington DC. Looking for case law cites that would support the following legal theory: It is not legal or possible for a lease to prevent the tenant from exercising constitutional rights, specifically the right to freedom of expression.

You won't find any case law that supports your theory if the landlord is a private person (i.e. the landlord is not a government agency). The freedoms we have under the First Amendment, including the right to free speech, are protections we have against the government. So under the First Amendment the government cannot restrain your speech. But private individuals can. So if you are in my home and I don't like what you say, I can kick you out. If you are in my office and I don't like what you say, I can kick you out. And if I am your landlord and I don't like what you say, I can kick you out of the leased space at the end of the lease term.

 

[bearcat22]

Please define what you mean by "freedom of expression"? What are you trying to express?

Not sure how or why that matters, but have expressed my opinions about the management company, and have been retaliated against with an attempt to evict. Lease is very vague and says I may not say or do anything to interfere with the rights or comfort of the management staff.
However, I am a disabled tenant and have a right to reasonable accommodation. My disability causes me to make hostile statements very impulsively and frequently.

 

[bearcat22]

You didn't say if its a residential lease for a single family home or apartment, or a commercial lease ? you didn't say if its a residential lease in a property that has so called restrictions, HOA rules, condo rules or some kind of by laws that are written into a lease that regulate things such as outdoor spaces such as porches , balconies, common yard -green spaces etc.

This is a residential lease in Washington DC, single resident.

 

[bearcat22]

The constitution states that it is the "supreme law of the land" and no laws contrary to it are valid. So no law regarding a lease term restricting freedom of speech is valid.

 

[Taxing Matters]

Not sure how or why that matters, but have expressed my opinions about the management company, and have been retaliated against with an attempt to evict. Lease is very vague and says I may not say or do anything to interfere with the rights or comfort of the management staff.
However, I am a disabled tenant and have a right to reasonable accommodation. My disability causes me to make hostile statements very impulsively and frequently.

The company might have trouble evicting you on a claim that expressing opinions about the management company is interfering with "the rights or comfort of the management staff." But of course the details matter. Moreover, the landlord is likely subject to the provisions of the federal Fair Housing Act (FHA) and one of the provisions of that Act provides that landlords cannot discriminate against you because of a disability and must reasonably accommodate that disability. DC law also protects disabled tenants. Again, though, details matter. DC has a number of legal clinics that might be able to assist you in dealing with your landlord.

 

[Taxing Matters]

The constitution states that it is the "supreme law of the land" and no laws contrary to it are valid. So no law regarding a lease term restricting freedom of speech is valid.

That doesn't help you. There is no DC law that restricts your right to speak about your management company and thus the First Amendment is not applicable. It is your landlord and the management company that are seeking to restrain your speech, and the First Amendment does not apply to them because the First Amendment only prohibits government restriction of speech. It does not prohibit private persons/entities from restricting your speech.

 

[Just Blue]

Not sure how or why that matters, but have expressed my opinions about the management company, and have been retaliated against with an attempt to evict. Lease is very vague and says I may not say or do anything to interfere with the rights or comfort of the management staff.
However, I am a disabled tenant and have a right to reasonable accommodation. My disability causes me to make hostile statements very impulsively and frequently.

Are you threatening them? That would be just cause for eviction.

 

[quincy]

Not sure how or why that matters, but have expressed my opinions about the management company, and have been retaliated against with an attempt to evict. Lease is very vague and says I may not say or do anything to interfere with the rights or comfort of the management staff.
However, I am a disabled tenant and have a right to reasonable accommodation. My disability causes me to make hostile statements very impulsively and frequently.

Do you have Tourette's Syndrome?

Is there a clause in your lease prohibiting you (and/or other tenants) from writing negative reviews?

 

[adjusterjack]

I am a disabled tenant and have a right to reasonable accommodation.

Depends on exactly what accommodations you are seeking. You might be entitled to certain accommodations under the FHA but "reasonable" is in the eye of the beholder.

What kind of accommodations are you looking for?

Reasonable accommodations can be had without being impulsive and hostile. If you can't control your outbursts perhaps you should get an attorney to intercede for you. If you can't afford one, try looking for a local tenants' rights organization or agency that might provide free or low cost legal services.

Bottom line: Exhibiting hostility and making a nuisance of yourself could very well be grounds for eviction.