(Memphis) A Memphis mothers says a zero tolerance policy designed to keep crime out of an apartment complex is unfairly being used to evict her family.
The mother says this isn't fair because her two kids haven't been found guilty of anything. One wasn't ever charged.
Police picked up Tamika Porter's teenage daughter and son at their Summit Apartment because someone identified them as the two robbers who stole from a party supply store and attacked a clerk with a shopping cart.
"It is not my child. Neither one? Neither one. They even stated that my son, young man they said was my son, that was not him," said Porter.
After looking at surveillance video, Porter says police let her son go but charges are pending against her 17-year-old daughter until they go to juvenile court.
Porter hopes they'll be dropped but by then it may be too late to save them from eviction.
"This is informing me that I must vacate the apartment, stating that I violated the lease because my children were arrested," said Porter.
The Summit Apartments off Covington Pike has a zero tolerance policy.
If anyone on the lease or a visitor is arrested, they can evict you, according to the lease.
Porter said, "I thought by law you were innocent until proven guilty."
WREG wanted to know more about Summit Apartment's eviction policy so we went to speak to the leasing manager.
The woman who identified herself as the manager said, "We don't have a comment on that. We're still investigating. He should not be putting cameras on us."
The manager wouldn't talk to us and asked us to leave but Porter says this is what she told her.
Porter says, "She stated I'm bringing negative vibes to their apartment complex and it's zero tolerance so therefore since that incident happened then I must be evicted."
We wanted know if this was legal and the On Your Side Investigators is still waiting on a final answer.
However, we found in some states where similar policies have been adopted by apartment complexes it's been recommended an eviction occur only upon conviction of a crime and or if the crime reportedly happens on the property.
The On Your Side Investigators will continue to follow this story.