Section 1437d

Citation: Section 1437d
Parent Document: Rucker v. Davis, 237 F.3d 1113 (2001)
Jurisdiction: United States (federal)
Effective Date: 2001-01-24
Original Source: https://www.courtlistener.com/opinion/7086389/rucker-v-davis/ ↗

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Furthermore, a provision permitting the eviction of unknowing tenants because of the wrongdoing of their household members or guests is a common and enforceable provision in leases between private owners of property and their tenants. Shepard v. Dye, 137 Wash. 180, 242 P. 381 (1926) (eviction upheld even though lessee neither knew of nor consented to the gambling activity engaged in by sub-lessee); Minnesota Public Hous. Auth. v. Lor, 591 N.W.2d 700, 704 (1999) (“A lease is a form of contract. Unambiguous contract language must be given its plain and ordinary meaning, and shall be enforced by courts even if the result is harsh.” [citations omitted] ); 56 Fed.Reg. at 51,566 (Oct. 11, 1991) (The “ability of PHA or other landlord to enforce covenants relating to acts of unit residents ... is a normal and ordinary incident of tenancy.”) The regular use and enforcement of these provisions among private parties attests to their reasonableness.

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