Poll of the Day > Apartment is forcing smart tech on us and being super sketchy about it

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LinkPizza
08/01/20 1:14:24 PM
#51:


PK_Spam posted...
Idk if you already got this settled, but this seems like a matter better suited for r/legaladvice

Thats what I said. Theyve given good advice before.
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wwinterj25
08/01/20 1:15:51 PM
#52:


MartianManchild posted...
How is the apartment screwing him? By wanting to improve their property?

"Improve" is subjective but once you sign a agreement you can't just change it whenever you feel like it. The TC should get legal advice and see what he can do if anything.

Grow up.

Username checks out.

Also I expect full apologies when a lawyer puts him in his place lmao.

I wouldn't. You'll get nothing and like it. Now go to your room mister!

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Mead
08/01/20 1:27:41 PM
#53:


Just dont sign it

if they threaten any action tell them youll see them in court but stay where you are

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streamofthesky
08/01/20 1:35:18 PM
#54:


Mead posted...
Just dont sign it

if they threaten any action tell them youll see them in court but stay where you are
If I don't sign it, they'll make me pay for changing it later. Which, the cost of fighting it in court would be more than just taking it...
I spoke to the office again and requested the requirement for me to pay for replacing the lock after my lease be put in writing, which they said will take a week to draft up (I love that they get time to do stuff, at least).
At least I have till Monday to sign it now, they said there will be ADT reps on site I can speak to and it's ok to wait till then. Still seems like it's going to come down to, "it's not worth fighting it in court" and I just have to sign the form and look to move out...
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DirtBasedSoap
08/01/20 1:37:32 PM
#55:


Id just move out and not sign it and not pay them for any of the shit theyre asking for

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streamofthesky
08/01/20 1:41:38 PM
#56:


DirtBasedSoap posted...
Id just move out and not sign it and not pay them for any of the shit theyre asking for
They'll take it from my security deposit. There is no "don't pay them" option.
There's "pay them" or "pay them, then spend money to take legal action that may or may not recoup that cost but will cost me more than that cost regardless"
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Nichtcrawler X
08/01/20 1:45:49 PM
#57:


streamofthesky posted...
There's "pay them" or "pay them, then spend money to take legal action that may or may not recoup that cost but will cost me more than that cost regardless"

Are there not regulations in place where they would have to repay you your legal fees, because their illegal actions caused those fees? (If it gets ruled as such)

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ChaosAzeroth
08/01/20 1:47:32 PM
#58:


Nichtcrawler X posted...
Are there not regulations in place where they would have to repay you your legal fees, because their illegal actions caused those fees? (If it gets ruled as such)

Huh I hadn't thought about that before it just got brought up, but even the crap town I live in has where the losing party can be held accountable for the legal fees of both parties. (Should the winning party want it.)
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DirtBasedSoap
08/01/20 1:47:45 PM
#59:


streamofthesky posted...
They'll take it from my security deposit. There is no "don't pay them" option.
There's "pay them" or "pay them, then spend money to take legal action that may or may not recoup that cost but will cost me more than that cost regardless"
sounds insanely illegal

if they dont give you your security deposit back, just burn down the building

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MartianManchild
08/01/20 1:51:33 PM
#60:


Friendly reminder that TC is being a drama queen who doesnt have to pay for anything as long he lets the apartment complex put a new lock on their piece of property that in no way shape or form inconveniences TC besides having to go make a PIN number for his lock.
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wwinterj25
08/01/20 1:53:04 PM
#61:


MartianManchild posted...
Friendly reminder that

That's it you're grounded!


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LinkPizza
08/01/20 1:53:30 PM
#62:


streamofthesky posted...
They'll take it from my security deposit. There is no "don't pay them" option.
There's "pay them" or "pay them, then spend money to take legal action that may or may not recoup that cost but will cost me more than that cost regardless"

While thats true, it might not matter? Would they actually give you your security deposit back, anyway. I mean, with how shady theyre acting already, they would probably try to keep that, as well...

Nichtcrawler X posted...
Are there not regulations in place where they would have to repay you your legal fees, because their illegal actions caused those fees? (If it gets ruled as such)

This is true, but I think there are more rules to it.

DirtBasedSoap posted...
sounds insanely illegal

if they dont give you your security deposit back, just burn down the building

I mean, this works, too...
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ChaosAzeroth
08/01/20 1:55:07 PM
#63:


MartianManchild posted...
Friendly reminder that TC is being a drama queen who doesnt have to pay for anything as long he lets the apartment complex put a new lock on their piece of property that in no way shape or form inconveniences TC besides having to go make a PIN number for his lock.

Friendly reminder part of this agreement is taking all liability off the apartment for malfunctions of their new locks that results in the loss of property.

Does not instill confidence in the quality of the product at all.

Plus the thermostat allows the manager to mess with the tenant's temperature. Unless they pay electric, which it's still shady considering what they could do, they have no right to be able to change the temperature in someone's domicile. People are paying to be able to live there, it's not like it's free. They have the right to some sort of quality of life.
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streamofthesky
08/01/20 2:03:23 PM
#64:


I pay for all electricity, gas, water, everything.
So yeah, them having control over utilities I pay for is also bs
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ChaosAzeroth
08/01/20 2:09:39 PM
#65:


streamofthesky posted...
I pay for all electricity, gas, water, everything.
So yeah, them having control over utilities I pay for is also bs

Yeah I hadn't heard of an apartment paying for electric but since I don't know for a fact about the specifics there I didn't want to present that as fact either. (Some pay water I know and some don't.) Thanks for the clarification!
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Johnny Eagle
08/01/20 2:25:38 PM
#66:


MartianManchild posted...
Also I expect full apologies

Imagine thinking anyone here is going to apologize to you for anything...


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wolfy42
08/01/20 2:32:34 PM
#67:


streamofthesky posted...
They'll take it from my security deposit. There is no "don't pay them" option.
There's "pay them" or "pay them, then spend money to take legal action that may or may not recoup that cost but will cost me more than that cost regardless"


What state do you live in, if you don't mind me asking?

I'm pretty sure almost every state has a law where if they don't pay back your security deposit without reason (Damage to the property), and you bring them to court, they have to pay you at least double your security deposit (and often more than that). The courts REALLY don't like having to deal with those issues, and because it was so common, then made a severe penalty for landlords who do things like refuse to return the deposit because they need to clean the apartment (normal cleaning), or stains on a rug (after X amount of time) or needing to paint the walls (After x time as well).

Basically unless you have done severe damage to a property or lived there only a short time, you generally should get your full deposit back, and if the landlord doesn't do that, you can get significantly more than you initially paid. In fact, it's almost a good thing for tenants to pay a larger deposit because so many landlords don't realize this and end up paying much more in the end (which is a bad thing over all, but it's like doubling or more your money for tenants, and it teaches bad landlords a lesson).

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Revelation34
08/01/20 3:51:27 PM
#68:


MartianManchild posted...

It isnt though. You guys seem to forget that he doesnt own this place. Hes renting it. That doesnt entitle you to reject improvements to the owners property just because you dont feel like it. You guys are just a bunch of drama queens. Any lawyer would just laugh at you and put you in your place. Enjoy life being scared of change for no reason lmao.


What law school did you graduate from?

Nichtcrawler X posted...


Are there not regulations in place where they would have to repay you your legal fees, because their illegal actions caused those fees? (If it gets ruled as such)


No. It can be requested and there usually isn't a high chance for the judge to award fees.
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SunWuKung420
08/01/20 3:54:57 PM
#69:


Are people seriously responding to Martian?

He's literally cartman from the South Park WoW parody episodes.

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wolfy42
08/01/20 3:59:19 PM
#70:


Revelation34 posted...
No. It can be requested and there usually isn't a high chance for the judge to award fees.


In general, if one side brings forth an action and does not settle, that has no validity (IE they did something illegal, or are attempting to do something illegal), especially if that side is represented by an attorney who should know better, the judge WILL award legal fees, and this is why you can often find an attorney to represent you for free (as in you pay nothing) because they are sure they will get awarded legal fees if it actually goes to trial/before a judge, or a contingency fee based on a settlement etc.

If it's ambiguous, that is a diff story, but usually the laws are pretty clear cut. As far as being able to do renovations on a property you are renting to someone, that can be true (again everything depends on the state) even without their consent but there are usually protections (Such as requirements to provide alternative living space while construction is going on etc) and you generally can never require a tenant with a lease to sign new documents or their lease is terminated, that invalidates the entire purpose of a lease.

Again, it all depends on the state landlord/tenant laws, and usually there are websites you can go to that will explain your rights, often there is also a department at your local court house that will help with such issues for free as well.

Many states take tenant rights very seriously, some more than others, but there are generally protections for tenants in every state (though I have not looked into Texas for instance, perhaps they just kick people out on a whim there lol).

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wwinterj25
08/01/20 4:42:38 PM
#71:


SunWuKung420 posted...
Are people seriously responding to Martian?

I mean I respond to you so why not?

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FrndNhbrHdCEman
08/02/20 5:40:31 AM
#72:


wolfy42 posted...
Your and my definition of a long post varies GREATLY.
Lol. When I started I figured itd be longer. But I kept it simple cause I figured most the rest was already said.

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BUMPED2002
08/02/20 6:32:49 AM
#73:


I had an LG tv that I found out was spying on me after about 6 months of owning. Why would a tv need to spy on people and who would put features and devices on a tv to spy on people.

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LinkPizza
08/02/20 9:01:53 AM
#74:


BUMPED2002 posted...
I had an LG tv that I found out was spying on me after about 6 months of owning. Why would a tv need to spy on people and who would put features and devices on a tv to spy on people.

They spy on you to sell you stuff...
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MartianManchild
08/02/20 9:19:18 AM
#75:


BUMPED2002 posted...
I had an LG tv that I found out was spying on me after about 6 months of owning. Why would a tv need to spy on people and who would put features and devices on a tv to spy on people.
You dont think your phone is constantly spying on you? The naivety is amazing in this topic. From the lack of updates I take it TC finally got put in his place and was told the apartment complex is doing nothing wrong legally and has sulked away with his tail in between his legs.
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MartianManchild
08/02/20 9:23:26 AM
#76:


SunWuKung420 posted...
Are people seriously responding to Martian?

He's literally cartman from the South Park WoW parody episodes.
Also this is why I never feel bad when I see people making fun of you. I dont think Ive ever interacted with you and here you are dropping elementary school level insults against me. Grow up.
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Revelation34
08/02/20 2:40:00 PM
#77:


MartianManchild posted...

You dont think your phone is constantly spying on you? The naivety is amazing in this topic. From the lack of updates I take it TC finally got put in his place and was told the apartment complex is doing nothing wrong legally and has sulked away with his tail in between his legs.


https://gamefaqs.gamespot.com/boards/3-poll-of-the-day/78884158/942867138

Still waiting for the answer.
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wwinterj25
08/02/20 2:45:33 PM
#78:


MartianManchild posted...
Also this is why I never feel bad when I see people making fun of you. I dont think Ive ever interacted with you and here you are dropping elementary school level insults against me. Grow up.
You know I actually agree with this. Sometimes children do talk sense.

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MartianManchild
08/02/20 5:23:20 PM
#79:


Revelation34 posted...
Still waiting for the answer.
Its called the University of Common Sense and Logic. They teach you not to let your or other peoples emotions interfere or bias you when analyzing a situation and to be able to see things from both sides. A lot of you would benefit from some classes there.
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Revelation34
08/02/20 6:01:42 PM
#80:


MartianManchild posted...

Its called the University of Common Sense and Logic. They teach you not to let your or other peoples emotions interfere or bias you when analyzing a situation and to be able to see things from both sides. A lot of you would benefit from some classes there.


So you actually admit to not knowing how lawyers actually work then.
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_AdjI_
08/02/20 6:15:48 PM
#81:


SunWuKung420 posted...
(all tech coded by humans can be hacked by another human).

Meanwhile, tumbler locks haven't been secure for about as long as they've existed. Yeah, hacking a smart lock is possible for anyone with the right software and who knows what they're doing, but so is picking a traditional lock.
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Kyuubi4269
08/02/20 7:42:19 PM
#82:


streamofthesky posted...
if I don't sign I have to pay for the installation after my lease and will be forced out of the lease w/o an option to renew.

If they try to charge you then you refuse. They can change the terms but they can't obligate you to pay for anything you didn't agree to.

_AdjI_ posted...
Meanwhile, tumbler locks haven't been secure for about as long as they've existed. Yeah, hacking a smart lock is possible for anyone with the right software and who knows what they're doing, but so is picking a traditional lock.

Picking a tumbler lock looks super sketchy, swiping a pre-coded fake key looks legit. The lack of mechanical interactions make it a lot easier to obfuscate any dodgy goings on.

wolfy42 posted...
you generally can never require a tenant with a lease to sign new documents or their lease is terminated, that invalidates the entire purpose of a lease.

It's a contract under duress and so isn't legally binding. A contract has to be an agreement of exchange i.e. someone can't contractually agree to give you $500 for nothing, but you can agree to $500 in exchange for some kind of service or assured understanding.
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Zeus
08/02/20 7:49:24 PM
#83:


MartianManchild posted...
A lot of you guys here need a reality check. The entitlement here is so child like and just because you dont like something doesnt make it illegal or wrong. The apartment complex is only doing things within their rights as the property owner and I encourage TC to go talk to a lawyer so he can get a hard dose of reality that he desperately needs.

Except they're most likely are breaking an established contract, meaning that they're completely in the wrong. The entitled party would be the landlord who feels that the rules he wrote up and agreed to shouldn't apply to him. Again, assuming that this revision isn't permitted by the initial lease which it likely wouldn't be.

You can't change the terms of a written contract without the written consent of both parties. This is adulting 101, bro. It's very basic law.

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wwinterj25
08/02/20 7:53:46 PM
#84:


Revelation34 posted...
So you actually admit to not knowing how lawyers actually work then.
Like you know anything about that.

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MartianManchild
08/02/20 8:02:24 PM
#85:


Zeus posted...
Except they're most likely are breaking an established contract, meaning that they're completely in the wrong. The entitled party would be the landlord who feels that the rules he wrote up and agreed to shouldn't apply to him. Again, assuming that this revision isn't permitted by the initial lease which it likely wouldn't be.

You can't change the terms of a written contract without the written consent of both parties. This is adulting 101, bro. It's very basic law.
The only thing about this situation that would be potentially illegal is them making him pay for it if he refuses to get the lock installed because yes that would potentially be breaking contract. Rereading parts of the original letter that TC posted, I see no evidence of these claims and it makes me wonder if TC was either dramatizing or misinformed. More than likely there are clauses in the rental contract that the landlord has to the right to kick him out with X day notice. So them saying agree to the locks or your gone in 30 days is fair game.
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wwinterj25
08/02/20 8:06:50 PM
#86:


MartianManchild posted...
The only thing about this situation that would be potentially illegal is

That's it I'm taking away your gaming privileges!

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Ogurisama
08/02/20 8:07:39 PM
#87:


Stay living there, and when you move out, take them to small claims court if they charge you, or wont give back your deposit. Wont cost you much, and cause headaches for them.

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Revelation34
08/02/20 8:34:54 PM
#88:


wwinterj25 posted...

Like you know anything about that.


A real lawyer will do a free consultation and ask for money up front if they think they can't pay the full fee. Lawyers get paid regardless if they win or lose a case.
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wwinterj25
08/02/20 8:39:01 PM
#89:


Revelation34 posted...
A real lawyer will do a free consultation and ask for money up front if they think they can't pay the full fee. Lawyers get paid regardless if they win or lose a case.
You hired a lawyer? You study lawyer things? None of these are obviously the case given your posts so take these as rhetorical questions.

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Revelation34
08/02/20 8:42:53 PM
#90:


wwinterj25 posted...

You hired a lawyer? You study lawyer things? None of these are obviously the case given your posts so take these as rhetorical questions.


Yet you think that a lawyer would "laugh" at this case.
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wwinterj25
08/02/20 8:45:12 PM
#91:


Revelation34 posted...
Yet you think that a lawyer would "laugh" at this case.
Why do you post things that are not in line with what I've actually posted? I'm honestly curious about your condition.

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Revelation34
08/02/20 8:47:20 PM
#92:


wwinterj25 posted...

Why do you post things that are not in line with hat I've actually posted? I'm honestly curious about your condition.


You are defending your alt that already made that claim.
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wwinterj25
08/02/20 8:49:02 PM
#93:


Revelation34 posted...
You are defending your alt that already made that claim.
Alright now I'm lost. Honestly though what is your condition?

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_AdjI_
08/02/20 8:50:33 PM
#94:


MartianManchild posted...
The only thing about this situation that would be potentially illegal is them making him pay for it if he refuses to get the lock installed because yes that would potentially be breaking contract.

Making tenants liable for any failures of the locks the building is forcing them to use is also very dubious. Not necessarily outright illegal, but it could be if such requirements weren't in the original lease.

Kyuubi4269 posted...
Picking a tumbler lock looks super sketchy, swiping a pre-coded fake key looks legit. The lack of mechanical interactions make it a lot easier to obfuscate any dodgy goings on.

Sure, but it's not exactly hard to conceal less than a minute of sketchy behaviour. Pre-coding a fake key also entails specifically targeting the lock you want, whereas lockpicks are universal and therefore much more useful for opportunistic break-ins.

Basically, smart locks are less secure than keyed ones in some ways, and more secure in others. The comparison isn't as simple as "any program can be hacked!" because, quite simply, any tumbler can be picked.
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Revelation34
08/02/20 8:53:49 PM
#95:


wwinterj25 posted...

Alright now I'm lost. Honestly though what is your condition?


You are defending somebody who made that claim. No reason to do so unless it's an alt.
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wwinterj25
08/02/20 9:00:43 PM
#96:


Revelation34 posted...
You are defending somebody who made that claim. No reason to do so unless it's an alt.
Again what is your condition? You keep drawing your own conclusions based on nothing.

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LinkPizza
08/02/20 9:35:32 PM
#97:


Hey, TC. I was wondering something. Do you have a chain or bolt lock on your door, as well? And if so, are they letting you guys keep them?
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streamofthesky
08/02/20 9:35:46 PM
#98:


Kyuubi4269 posted...
If they try to charge you then you refuse. They can change the terms but they can't obligate you to pay for anything you didn't agree to.
Logically I agree with you. But they can just deduct from my deposit. Then I'd have to fight it in small claims court or something.

Picking a tumbler lock looks super sketchy, swiping a pre-coded fake key looks legit. The lack of mechanical interactions make it a lot easier to obfuscate any dodgy goings on.
Exactly. I know key locks aren't 100% secure either. But the act of breaking into them at least looks sketchy and likely leaves physical evidence of tampering.

It's a contract under duress and so isn't legally binding. A contract has to be an agreement of exchange i.e. someone can't contractually agree to give you $500 for nothing, but you can agree to $500 in exchange for some kind of service or assured understanding.
I was looking up the definition of under duress which I thought this was, but that seems to be for cases where the party is under threat of violence or physically threatened or such. The legal term for this would appear to be "undue influence".

Zeus posted...
Except they're most likely are breaking an established contract, meaning that they're completely in the wrong. The entitled party would be the landlord who feels that the rules he wrote up and agreed to shouldn't apply to him. Again, assuming that this revision isn't permitted by the initial lease which it likely wouldn't be.

You can't change the terms of a written contract without the written consent of both parties. This is adulting 101, bro. It's very basic law.
This. Also, I posted what seemed to be the relevant sections of my lease on post #28 that they may be trying to apply here. Brief summary of the two most vague and most likely parts they're trying to use:

COMMUNITY POLICIES OR RULES. You and all guests and occupants must comply with any written apartment rules and community policies, including instructions for care of our property. Our rules are considered part of this Lease Contract. We may make reasonable changes to written rules, effective immediately, if they are distributed and applicable to all units in the apartment community and do not change dollar amounts on page 1 of this Lease Contract.

Additional provisions or changes may be made in the Lease Contract if agreed to in writing by all parties.

I don't know how well either of those hold up, legally. Extremely vague language, and "reasonable" is subjective. I'd still like to know if there's a requirement in law about minimum notice to tenants for such changes, since they're so confident in the legality of this that they...dropped it on us last second and wanted an immediate signature.

MartianManchild posted...
The only thing about this situation that would be potentially illegal is them making him pay for it if he refuses to get the lock installed because yes that would potentially be breaking contract. Rereading parts of the original letter that TC posted, I see no evidence of these claims and it makes me wonder if TC was either dramatizing or misinformed. More than likely there are clauses in the rental contract that the landlord has to the right to kick him out with X day notice. So them saying agree to the locks or your gone in 30 days is fair game.
I requested to get in writing the requirement that I pay for the lock if I don't allow it to be put in now. They said it'd take a week to draft up. It's nice they get to take their time with this stuff by put me on the spot... But yeah, I'm absolutely insisting on having that in writing. Seems to be the most flagrantly illegal part out of all of this and if I could just refuse the locks and move out at the end of my lease w/o being made to pay for them, I'd just do that.
Clauses to kick a renter out pertain to the renter violating rules or laws or other issues of misconduct. Refusing to sign a lease addendum and insisting on sticking to the terms of the lease we both agreed to already should not fall into that. I don't know what dystopian hell hole you live in, but pretty much anywhere in the U.S. a landlord can't just evict a tenant who's obeying the laws/rules and paying rent on time mid-lease.
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streamofthesky
08/02/20 9:39:06 PM
#99:


LinkPizza posted...
Hey, TC. I was wondering something. Do you have a chain or bolt lock on your door, as well? And if so, are they letting you guys keep them?
I don't have one. I did ask about it, and they said we're allowed to buy a chain lock on our own and have maintenance install them. If I can't move out soon and get the lock installed I'd probably do that. But it doesn't assuage a lot of my concerns. Would keep us safe when someone's home. Wouldn't be any use to protect my belongings while we're gone or prevent constructive eviction attempts, and my privacy would still be invaded.
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LinkPizza
08/02/20 9:52:44 PM
#100:


streamofthesky posted...
I don't have one. I did ask about it, and they said we're allowed to buy a chain lock on our own and have maintenance install them. If I can't move out soon and get the lock installed I'd probably do that. But it doesn't assuage a lot of my concerns. Would keep us safe when someone's home. Wouldn't be any use to protect my belongings while we're gone or prevent constructive eviction attempts, and my privacy would still be invaded.

Yeah. I figured the same thing. It's only really good if someone is home... And it would stop the evictions. Though, I guess you could by and AC unit or space heater... But where you have a thermostat, you normally just want you heat and air to work properly...

Also, I can't remember if someone said anything about it, but if you don't plan on getting the lock, make sure to get the price. Since they would try to take it out of the security deposit, they would need to only take the amount the lock cost... With the apartment acting like this, they may try to take more than they are required. But if you have how much it is in writing, then they can't take more, i would think. Though, I believe that would be on the paper they are drafting up for you right now...
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