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real law
Kiddo, I've been a lawyer for over nine years, and for over seven years of those nine I've done real estate as a part of my practice.
The UCC does NOT apply to your apartment rental agreement. A holder in due course is someone who is entitled to be paid the debt evidenced by a check or a note.
Your rental agreement/contract with your landlord is not a check or a note as those terms are defined and used in Article 3 and 4 of the UCC (which deal with commercial paper and banking transactions).
It is true that a residential lease carries with it an implied right of quiet enjoyment. This could very well be an article in your favor. But "Refused for Cause" and citing UCC sections won't help you one bit. If you're facing imminent eviction, you need to talk to an experienced real estate lawyer in your state.
Otherwise, the sheriff will be evicting you on behalf of your landlord very soon.
Please don't let that happen to you. I've seen it happen to people, and it's not a pretty sight.
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We reject Skurdal's argument that he is a "free man" exempt from the laws because he has "no contracts" with either the state or federal governments...No persons in Montana may exempt themselves from any law simply by declaring they do not consent to it applying to them...Accepting Skurdal's assertion of exempt status is an invitation to anarchy. We decline that invitation. - State v. Skurdal, Supreme Court of Montana, 235 Mont. 291, 767 P.2d 304 at 308 (1988).
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