The following is my opinion as a member participating in this discussion.
Knowing some “real law” can be pretty handy, especially if you rent.
Landlords tend to think they know the law a lot better then they actually do.
When I was in an apartment I complained about my downstairs neighbor having frat parties until 04:00 am. The neighbor then complained that I “walked
too loudly in my apartment”. I received the notice that I was being written a warning by the complex. So I went down to the landlords office to talk
to her about it.
She understood that it was all about retribution with me for my compliant, but that she had to write me up. I explained to her that walking is not
internally disturbing the peace, it is normal usage of the apartment, and that is why I paid a higher premium for my place on the higher floor. She
agreed, but told me that she could write me up for anything she so pleased. I tried to explain that she legally could not write me up for walking, and
she respectfully disagreed with me.
The first thing I did after I left her office was to walk around the complex, and write down all the apartments with grills on their porches. Then I
called the city fire marshal.
$5000 fine to the complex per apartment with a grill stored under an overhang…
After that, I notified her that she had contractually breached the terms of their lease with me, and that I sought to terminate it with the intent to
file for a constructive eviction:
Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does
something or fails to do something that he has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment),
rendering the property uninhabitable. A tenant who is constructively evicted may terminate the lease and seek damages.
stopping me from walking around my apartment was a constructive eviction due to it rendering my apartment uninhabitable for normal use and
When they realized that they were going to have to pay me the monthly rent for the remainder of my lease agreement (Something like $24,000), plus all
fees incurred with moving me to a new apartment, suddenly it dawned on here that she could in fact NOT
write me up for just anything she
wanted too, and that I knew exactly what I was talking about. I am guessing that she contacted the complexes corporate attorney (it was a big national
firm), and got her butt reamed out, because I received a VERY polite notice that they had removed my warning, and that I was free to walk a loudly as
I wanted around my apartment to my hearts content.
I lived there for an additional 3 years, and they were so polite to me during that time I cannot even begin to explain it. They were even ubber nice
about writing in to my lender when I bought my house. Probably they were afraid that if they said anything bad I would sue them for slander/liable.
However, people play on other peoples ignorance of the law to get their way. If you have some idea of what the law really is, then you have an
advantage over 99% of the other people out there.
As an ATS Staff Member, I will not moderate in threads such as this where I have participated as a member.