Landlord Liability

[Captain Matt]

When I got home tonight there was a note on my door saying they were coming in tomorrow to inspect air filters and smoke detectors. I have no say in the matter. If something is stolen, does the apartment management have criminal liability for giving them access to my apartment?

What if my HD shotgun is stolen? Can they be charged with giving a criminal access to a firearm?

[WEC]

Was there some fine print in your lease agreement stating that the apartment management has the right to authorize a third party to enter your leased property? Perhaps they have the "is not responsible for theft or damage, etc." disclaimer in circumstances like these. Is there any other place that you can stash your items while you're at work tomorrow?

[flb_78]

Most apartment leases have a clause that allow them to enter your residence. It's nice of them to give you notice. The last apartment I was in, they just came and went as they pleased.

I no longer live in apartments.

[03Lightningrocks]

Even if your renting a house, the landlord has the right to go into the house after giving notice. What use to worry me about an apartment was the social standing of the folks going into my humble abode. Typically they were not exactly pillars of the community. Usually illegals...I didn't worry so much about theft on the day they would visit, I worried more about them telling their buddies if I had goodies worth stealing. I have owned my home for more than 20 years now and don't miss the days of renting one bit. I would hide my guns in dresser drawers and put scotch tape in a discrete location on it so I would know if they had opened the drawer. Never had a breach, but I have known guys who have caught maintenance guys going through their stuff like this. i had one bud a couple years ago that video taped a maintenance guy laying on his couch watching his TV...LOL...the guy even ate some of his potato chips and drank out of his milk carton...pretty funny stuff.

[03Lightningrocks]

By the way...I would unload that shotgun before leaving in the morning. If the maintenance guys do find it and start jacking around with it, you don't need the hassle of cleaning body bits off your apartment walls.

[atxgun]

This what really stinks about living in apartment. When ever I get a notice like this I'm paranoid all day. Also it seems like we've had quite a few various "fire inspections of random units". I'm pretty sure no one actually came in my unit during those times b/c 1) they have left notices saying someone was in my apt in the past and 2) I setup various "trip wires" on all the doors etc. Something like a hanger on the floor leaning up against a door so it would be fallen over when i got home if disturbed.

I really should get a streaming webcam setup for my place.

[stevie_d_64]

The notice is a proper way they can communicate their intentions...Not much you can do to stop them, if anything...I wouldn't try or say anything to hold them off...

Their excuse in my opinion is so weak its not even funny...As a renter, I would think you would be responsible to change the "air filters" and check the batteries in your units smoke detector yourself...We used to do all of that ourselves...

Now with that said, I would take that shotgun of yours (unload it) and case it, put it in your vehicle for the day...

If you have more of a collection to take care of, you may have to take other actions...

Just my opinion...

[will381796]

I would watch out with having any weapons visible or findable. I've read of some landlords inserting a "no weapons" clause into their rental agreements. If they put that clause there and they find some, they may try and evict you. Although I have no idea about the legality of such a clause. I know such a clause has been used as a way to evict a tenant that might have discharged a weapon in their apartment in self-defense.

[Captain Matt]

Everything looks OK. It seems like they came in and did only what they were supposed to do (if that ) because my telltales on closets and cabinets were in place. I'm still curious about the liability question if anyone knows. I remember hearing about some apartment having liability for serial rapes when I was a kid but maybe it was an urban legend.

I agree with the general sentiment about renting. I think I eventually want to live aboard fulltime but the time is not right now.

[ELB]

I do not think it is unfair for the landlord to reserve the right to inspect or maintain his property, even on short notice, if you are renting it from him. If I was a landlord I would certainly do so. Not all landlords are models (dealt with them), and not all renters are either (had them for neighbors) -- I would want to keep up on whether the renter is destroying the place. I do think it is a problem it gives unscrupulous maintenance people a way to cause mischief. Certainly an mark in favor of home ownership. I hated renting too, but it was really the only good option when I was doing it.

Whether or not you are renting, the HD shotgun (and other guns and as many valuables as possible) should be locked up when you are not at home. Burglars will not give notice before hand, and the notices they leave behind can be unpleasant. And you definitely don't want to be looking wrongways down the barrel of your own shotgun if you happen to walk in while the burglar is still there!

[atxgun]

I would watch out with having any weapons visible or findable. I've read of some landlords inserting a "no weapons" clause into their rental agreements. If they put that clause there and they find some, they may try and evict you. Although I have no idea about the legality of such a clause. I know such a clause has been used as a way to evict a tenant that might have discharged a weapon in their apartment in self-defense.

I was careful to read my lease. It looked to be a pretty standard Texas one. I haven't dug it out for the exact wording here but it says things along the lines that you cannot do anything illegal (in general, not just gun related, some sample points are enumerated), you cannot brandish a firearm and you cannot discharge a firearm on the property. There are no clauses regarding self defense though so I guess if stuff hits the fan at 3am I guess the first thing I need to do after calling 911 is start looking for a new place.

I would still advise keeping any "paraphernalia" away too. You don't want someone to know this is a place they can come back to at a later time to grift some guns.

At the same time, I don't have a case for my lever action or shotgun so they're open carried with actions open to the car. I take a quick peak to make sure there aren't tons of people to stare me down and potentially freak out but it's never been an issue. And frankly the few times I have noticed passer by's they were to busy talking on their phone or doing what ever they didn't even seem to give me a glance let alone see what I was carrying.

[OnTexasTime]

Here is a source for resident information:
http://www.taa.org/renterinfo/faqs/" onclick="window.open(this.href);return false;

The information below is from that site.

Can the manager enter my apartment when I'm not at home?
There are a number of reasons why property managers or maintenance staff may need to enter your apartment, and it could be very inconvenient for you if you always had to be home and available when these circumstances arose. If you signed a TAA Lease Contract, you've given permission to the apartment management and/or maintenance personnel to enter your apartment when you are not there for:

responding to your request
making repairs or replacements
estimating repair or refurbishing costs
performing pest control or doing preventive maintenance
changing filters
testing or replacing smoke detector batteries
retrieving unreturned tools, equipment, or appliances
preventing waste of utilities
exercising a contractual lien (removing your non-exempt belongings if you haven't paid the rent)
leaving notices
delivering, installing, reconnecting, or replacing appliances, furniture, equipment, or security devices
removing or rekeying unauthorized security devices
removing unauthorized window coverings
stopping excessive noise
removing health or safety hazards (including hazardous materials), or items prohibited under our rules
removing perishable foodstuffs if your electricity is disconnected
removing unauthorized animals
cutting off electricity according to statute
retrieving property owned or leased by former residents
inspecting when immediate danger to person or property is reasonably suspected
allowing persons to enter as you authorized in your rental application (if you die, are incarcerated, etc.)
allowing entry by a law officer with a search or arrest warrant, or in hot pursuit
showing apartment to prospective residents (after move-out or vacate notice has been given)
showing apartment to government inspectors, fire marshals, lenders, appraisers, contractors, prospective buyers, or insurance agents
Under the TAA lease, the management must leave notice of entry inside your apartment indicating that a management representative entered the apartment, and why he or she was there.

If you are at home when the management wishes to enter the apartment for any reasonable reason, the management must ask to enter peacefully and at reasonable times.