Ramius Posted April 11, 2006 Share Posted April 11, 2006 Heres the deal. First some background. Our apartment complex allows pets, but you must pay a $300 non-refundable pet fee. I checked the lease, and all it says regarding pets is that if you are found with a pet (and havent paid the fee) you have 1 week to pay the pet fee or the human society will take your pet away. Thats all it says for pets. I do not own a pet. Get home yesterday to my apartment, and theres a little paper in the door. It says that the apartment complex has decided to crack down on the number of illegal pets around the complex, so they are going to be doing random searches of apartments for pets this week. Furthermore, they state on their little flyer that if they find a pet and you dont pay the fee within a week, you are subject to severe penalties including fines and eviction. Can anyone tell me the legality of this? I dont see how a landlord can just search apartments just to check and make sure that you dont have an unpaid pet. Sure this situation doesnt apply to me, but frankly i dont want anyone just coming in my apartment when i am not there so they can "check around". Also, how they hell can they legally change the terms of the lease with just some little flyer? The lease also says that if changes occur to the lease you will be notified and then subsequently given the option to walk away from your lease for free (30 days notice). Checked into the florida laws, and what it saysis that they can only enter your apartment FOR REPAIRS OR MAITENENCE (with a 12-hr notice to you). Didnt come across aynthing allowing them to randomly search an apartment for infractions. Hell, the damn cops cant search my apartment for illegal firearms/drugs etc, so why can my landlord. Any lawyers on here who could help out? Link to comment Share on other sites More sharing options...
IDBillzFan Posted April 11, 2006 Share Posted April 11, 2006 I'm not a lawyer, but I play one online. Dollars to donuts: your lease agreement says your landlord can do whatever he wants whenever he wants as long as notice is provided, which they have done. Link to comment Share on other sites More sharing options...
Beerball Posted April 11, 2006 Share Posted April 11, 2006 Someone more able will tune in, but I think a standard lease allows inspections with notice. You've been given notice, better return the gerbil to Puhonix. Link to comment Share on other sites More sharing options...
slothrop Posted April 11, 2006 Share Posted April 11, 2006 Wow, going back to my first year property class. First, tenants have a covenant of quite enjoyment. However, most leases give a Landlord a right to enter the premises with notice. It may suck, but unless they are doing these searches on a weekly basis you probably have no recourse. Link to comment Share on other sites More sharing options...
30dive Posted April 11, 2006 Share Posted April 11, 2006 LA is right on, I work for a GC who owns about 40 house that he rents; and most states require a certain amount of time in which notice must be given. I'm assuming that this is a large apartment complex and/or owned by a company that owns a number of properties and either has lawers on staff or access to one. That said I am sure they are following the law. I do understand your concern about "strangers" walking throughout your home so I might sugest that you call the landlord and express your concern and invite them to come over right then or any other time that you are home. If they are reasonable folks and value you as a tenent they probably will work with you. The key is offer them to come over right then, you don't want to make it look like you are trying to hide something by delaying their little visit. Good Luck! Link to comment Share on other sites More sharing options...
stuckincincy Posted April 11, 2006 Share Posted April 11, 2006 I'm not a lawyer, but I play one online. Dollars to donuts: your lease agreement says your landlord can do whatever he wants whenever he wants as long as notice is provided, which they have done. 659099[/snapback] It's boilerplate. Link to comment Share on other sites More sharing options...
eSJayDee Posted April 11, 2006 Share Posted April 11, 2006 I'd be more concerned w/ their ability to conficate the pet & give it to the Humane Society. What right do they have to do that? Evict you &/or give you notice, yes definitely (you're breaking the terms of the lease). Fine you, maybe, I don't know. But I don't think they can take your pet & for that matter, I wouldn't think that the HS would be a willing partner to such an act. Link to comment Share on other sites More sharing options...
Ghost of BiB Posted April 11, 2006 Share Posted April 11, 2006 It's boilerplate. 659139[/snapback] Always easier to accuse than deny. Interesting thoughts, though. Personal privacy vs. ownership, for starters. Link to comment Share on other sites More sharing options...
CajunBillsBacker Posted April 11, 2006 Share Posted April 11, 2006 If you see them coming, start walking around your apartment with no clothes on. When they come in, make them feel as uncomfortable as possible. If they comment, just tell them you have the right to do whatever you want in your own apartment. I bet they think twice about trying to invade your personal life, notice or not. Link to comment Share on other sites More sharing options...
Ghost of BiB Posted April 11, 2006 Share Posted April 11, 2006 And have the LOGO channel on TV. Link to comment Share on other sites More sharing options...
Dan III Posted April 11, 2006 Share Posted April 11, 2006 And have the LOGO channel on TV. 659210[/snapback] Culture Club CD with the stereo turned up to 11... Link to comment Share on other sites More sharing options...
mead107 Posted April 11, 2006 Share Posted April 11, 2006 hide the porn . -------- as a landlord i do month to month rental agreements and i do wright into the agreement that i have the right to come in with 24 hr notice to inspect the property . just making sure garabage is not being left inside . and property is safe . Link to comment Share on other sites More sharing options...
Ramius Posted April 11, 2006 Author Share Posted April 11, 2006 hide the porn . -------- as a landlord i do month to month rental agreements and i do wright into the agreement that i have the right to come in with 24 hr notice to inspect the property . just making sure garabage is not being left inside . and property is safe . 659220[/snapback] i understand that they have a right to inspect or come inside with notice. They give notice before maitenence, and before pest control. But what i dont like is the whole "random inspection" sometime this week. I mean in the end it doesnt matter in a whole lot, prolly moving to another place when the lease is up in august, i just dont like their idea to inspect and come in my apartment for no good reason. Link to comment Share on other sites More sharing options...
stuckincincy Posted April 11, 2006 Share Posted April 11, 2006 If you see them coming, start walking around your apartment with no clothes on. When they come in, make them feel as uncomfortable as possible. If they comment, just tell them you have the right to do whatever you want in your own apartment. I bet they think twice about trying to invade your personal life, notice or not. 659204[/snapback] Try it. You will be on the outside looking in, next month. Good luck convincing a Judge that with due notice, the landlord came in and I wagged my di*k at him, so rule in my favor... Link to comment Share on other sites More sharing options...
mead107 Posted April 11, 2006 Share Posted April 11, 2006 i understand that they have a right to inspect or come inside with notice. They give notice before maitenence, and before pest control. But what i dont like is the whole "random inspection" sometime this week. I mean in the end it doesnt matter in a whole lot, prolly moving to another place when the lease is up in august, i just dont like their idea to inspect and come in my apartment for no good reason. 659226[/snapback] i agree with you ,sounds bad Link to comment Share on other sites More sharing options...
Arkady Renko Posted April 11, 2006 Share Posted April 11, 2006 I'd be more concerned w/ their ability to conficate the pet & give it to the Humane Society. What right do they have to do that?Evict you &/or give you notice, yes definitely (you're breaking the terms of the lease). Fine you, maybe, I don't know. But I don't think they can take your pet & for that matter, I wouldn't think that the HS would be a willing partner to such an act. 659172[/snapback] Seems like Ramius is saying that that is in the lease. That being said, there's a chance that a court may not enforce that part of the lease if pressed I would reckon. Link to comment Share on other sites More sharing options...
Ramius Posted April 11, 2006 Author Share Posted April 11, 2006 Seems like Ramius is saying that that is in the lease. That being said, there's a chance that a court may not enforce that part of the lease if pressed I would reckon. 659234[/snapback] About the lease, all it says is if you do not pay the pet fee within 1 week of them finding out about it, they will have the human society take the pet away. Now with their little flyer, they are claiming that if they find out, you are subject to fines and possible eviction. Note that the fines and eviction penalties are NOT in the lease that we signed. They apparently think their little flyer is enough grounds to punish someone on. Link to comment Share on other sites More sharing options...
stuckincincy Posted April 11, 2006 Share Posted April 11, 2006 i agree with you ,sounds bad 659231[/snapback] Could be they are trying to root out the druggie, RaHoWa, and rottweiler crowd. Link to comment Share on other sites More sharing options...
bills_fan Posted April 11, 2006 Share Posted April 11, 2006 The Humane Society will NOT take away a pet that is properly cared for. Practically, they do not have the space to house those pets. Also, they'd have a PR nightmare on their hands once word got out. This provision would most likely be unenforceable. If the lease is silent on fines, then the landlord cannot fine you for having a pet. Eviction is possible for breaking the terms of the lease. I'm not sure how favorably a court would look on a landlord trying to evict a rent-paying tenant for having a pet. I know it would not fly in NYC. Finally, the landlord could probably come in, but if I was so concerned I would change the locks. Make sure only you have the key. That way the landlord has to schedule the appointment with you around, as opposed to a random search. Either that or he has to call a locksmith to pick and/or break the lock. He may not want the expense. Link to comment Share on other sites More sharing options...
stuckincincy Posted April 11, 2006 Share Posted April 11, 2006 The Humane Society will NOT take away a pet that is properly cared for. Practically, they do not have the space to house those pets. Also, they'd have a PR nightmare on their hands once word got out. This provision would most likely be unenforceable. If the lease is silent on fines, then the landlord cannot fine you for having a pet. Eviction is possible for breaking the terms of the lease. I'm not sure how favorably a court would look on a landlord trying to evict a rent-paying tenant for having a pet. I know it would not fly in NYC. Finally, the landlord could probably come in, but if I was so concerned I would change the locks. Make sure only you have the key. That way the landlord has to schedule the appointment with you around, as opposed to a random search. Either that or he has to call a locksmith to pick and/or break the lock. He may not want the expense. 659255[/snapback] What is the thing going on here, fighting with a landlord? What does the Humane Socity have anything to do with this? The bottom line is, it is not one's own property. Landlords like to collect rent. They like to work against things that reduce the value of their property, and most want to do what they can to insure that tenants aren't put at risk by nasty folks. If your digs are maintained, no rain on your head etc., what is the big deal? Why are folks taking this as some personal affront? If you don't like it, there is no anchor on your a**. Move. This is so childish... Link to comment Share on other sites More sharing options...
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