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Old 12-06-2014, 09:59 PM
 
37 posts, read 65,292 times
Reputation: 10

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Hey there!

Some may remember me as the person posting about the Halloween party going until 2 AM in my complex, despite noise restrictions that were written into my lease. I also posted about the live goat head found in the elevator, that management knew about and authorized. Now, I have a new question.

My apartment complex just sent an email saying that tenants must have a health and safety room inspection performed before the holidays. They'll be checking smoke detectors, trash, and cleanliness. If we don't "pass," we'll have to have a re-inspection date and have "items completed."

I don't see anything in my lease allowing this or forbidding it, but I do find it strange and annoying. I'm in med school and I have finals over the next two weeks so it's just one more thing to worry about. I've never lived in a place before that had anything like this... I'm living in an apartment complex, not a dorm, which is the only place I've seen stuff like this. Are they within their rights?
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Old 12-06-2014, 11:05 PM
 
12 posts, read 23,101 times
Reputation: 10
That sounds strange to me. I've had management come in to my apartment to check the smoke detector, for pests (thankfully, there hasn't been a need for this at my current place), and other health/safety-related purposes. I've never had anyone check for cleanliness or look at my trash.
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Old 12-06-2014, 11:08 PM
 
Location: Santa Monica, CA
64 posts, read 112,299 times
Reputation: 135
Quote:
Originally Posted by okimoo View Post
Hey there!

Some may remember me as the person posting about the Halloween party going until 2 AM in my complex, despite noise restrictions that were written into my lease. I also posted about the live goat head found in the elevator, that management knew about and authorized. Now, I have a new question.

My apartment complex just sent an email saying that tenants must have a health and safety room inspection performed before the holidays. They'll be checking smoke detectors, trash, and cleanliness. If we don't "pass," we'll have to have a re-inspection date and have "items completed."

I don't see anything in my lease allowing this or forbidding it, but I do find it strange and annoying. I'm in med school and I have finals over the next two weeks so it's just one more thing to worry about. I've never lived in a place before that had anything like this... I'm living in an apartment complex, not a dorm, which is the only place I've seen stuff like this. Are they within their rights?
I live in Sana Monica, a separate city from LA, and have lived in my apartment for 14 years, and this has never happened. Just smoke detector battery replacement once year. You might want to call the relevant authorities in the city where you live to inquire about the legality of this.
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Old 12-06-2014, 11:19 PM
 
Location: Los Angeles
8,548 posts, read 10,969,065 times
Reputation: 10798
If it is part of the rental agreement, it is legal.
I have a clause in my rental agreements stating that twice a year, with a twenty four hour written notice, the unit will be inspected for health and safety violations, which includes cleanliness of the unit.
As stated, it is perfectly legal as long as it is written into the rental agreement.
If it's a city ordered inspection, that too is legal, even if it isn't written into the agreement.
An unclean unit is a health hazard, and a sure catalyst for roach infestation.

Bob.
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Old 12-07-2014, 01:46 AM
 
Location: Santa Monica, CA
64 posts, read 112,299 times
Reputation: 135
Quote:
Originally Posted by CALGUY View Post
If it is part of the rental agreement, it is legal.
I have a clause in my rental agreements stating that twice a year, with a twenty four hour written notice, the unit will be inspected for health and safety violations, which includes cleanliness of the unit.
As stated, it is perfectly legal as long as it is written into the rental agreement.
If it's a city ordered inspection, that too is legal, even if it isn't written into the agreement.
An unclean unit is a health hazard, and a sure catalyst for roach infestation.

Bob.
This doesn't seem to be the case in SaMo.
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Old 12-07-2014, 10:42 AM
 
37 posts, read 65,292 times
Reputation: 10
Quote:
Originally Posted by Telzey View Post
I live in Sana Monica, a separate city from LA, and have lived in my apartment for 14 years, and this has never happened. Just smoke detector battery replacement once year. You might want to call the relevant authorities in the city where you live to inquire about the legality of this.
I'm not really sure who the relevant authorities would be. Could you point me in the right direction?
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Old 12-07-2014, 10:56 AM
 
37 posts, read 65,292 times
Reputation: 10
I found this in my lease, after rereading it today:

"Right of Entry.

a. You agree that both the Owner and the Manager, and our respective agents, employees,

repairers, servicers and authorized representatives may enter the Premises at reasonable

hours for any reasonable purpose, in accordance with applicable law, including but not

limited to, responding to your maintenance requests; repairs; estimating repair or

refurbishing costs; pest control; preventive maintenance, filter changes, testing or replacing

smoke-detector batteries; retrieving unreturned tools or appliances; preventing waste of

utilities; exercising contractual lien; 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) and

items prohibited under our Community Policies; removing unauthorized pets; retrieving

property owned or leased by former residents; inspections when immediate danger to

person or property is reasonably suspected; entry by a law-enforcement officer with search

or arrest warrant or in hot pursuit; showing apartment to prospective residents; or showing

apartment to government inspectors, fire marshals, lenders, appraisers, prospective buyers,

or insurance agents. The entry can be gained by use of a pass key or other means (to include

disarming any intrusion alarm, if applicable, or by breaking a window or other means if locks

have been changed in violation of this Agreement, and you will be liable for any damage

caused thereby). We can also enter the Premises, upon giving you prior notice to you’re your

Apartment or your Bedroom to government inspectors, fire marshals, lenders, prospective

buyers, prospective residents, other residents or insurance agents. By placing a work order

for work to be performed, you authorize us to enter the Premises for the purposes of

completing that work order in a timely manner. If you refuse to allow us the right of entry,

you will be held responsible for any financial losses that are sustained by us.

b. You agree that 24-hour written notice shall be reasonable and sufficient notice, except as

follows. Forty-eight (48) hour written notice is required to conduct an inspection of the

Apartment and Bedroom prior to you moving out, unless you waive the right to such notice

in accordance with applicable law. Notice may be given orally to show the Apartment and

Bedroom to actual or prospective purchasers provided you have been notified in writing

within 120 days preceding the oral notice that the Apartment Community is for sale and that

oral notice may be given to show the Apartment and the Bedroom. No notice is required: (i)

to enter in a case of an emergency; (ii) if the Resident is present and consents at the time of

entry or (iii) if the Resident has abandoned or surrendered the Premises."

I guess that means they have the right to enter and do these inspections but I don't see anything in the lease about forcing us to pass some inspection halfway through our lease and then requiring us to follow through with a re-inspection date if we fail. Thoughts?
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Old 12-07-2014, 05:05 PM
 
Location: North Idaho
32,635 posts, read 47,995,345 times
Reputation: 78389
Thoughts? Sure, clean your apartment. Don't remove the batteries from the smoke detector. Don't store garbage or hazardous waste in your apartment. Don't be a hoarder, or if you are a hoarder, rent a storage building and don't keep your treasures in your apartment.

Then, you will have no issues with management over the inspection.
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Old 12-08-2014, 03:03 AM
 
10,746 posts, read 26,009,922 times
Reputation: 16028
Quote:
Originally Posted by oregonwoodsmoke View Post
Thoughts? Sure, clean your apartment. Don't remove the batteries from the smoke detector. Don't store garbage or hazardous waste in your apartment. Don't be a hoarder, or if you are a hoarder, rent a storage building and don't keep your treasures in your apartment.

Then, you will have no issues with management over the inspection.

^^^ This.

Your landlord has a right to the inspection as long as they give proper notice. As someone else already stated, if you're a filthy person you could be drawing in pests (bugs, mice, rats ) or creating some other health hazard. It won't take but 10 mins of your time....and remember....it's not just you, it's everyone they're checking.
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Old 12-08-2014, 08:43 AM
 
37 posts, read 65,292 times
Reputation: 10
Thank you both! I'm not worried about passing the inspection, really. I'm a relatively clean person although I'll admit I have clutter and dishes in the sink at the moment. It's just strange that their "GAs" (students they've hired to become essentially RAs) are doing it, and not management... I live in an apartment, not a college dorm and I don't need an RA to tell me what I can and can't do.
Also, as far as "proper notice." The lease states that 48 hours of advance notice must be given. There's never been much notice, if any at all, given in this apartment. I, as well as my neighbors, have frequently come home to realize that people are in our apartments. Does the 48 hours notice mean they have to tell me a date and time they'll be there or just "someone will be there next week"?
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