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The “reasonable” thing to do was to have your stuff moved in to the storage unit rather than your new place. Blocked accesses and clutter is likely a huge fire hazard code violation and a major liability for the landlord.
Any advice? Am I in legal trouble if he reports it to the city? Will the city just give me a notice with a timeframe to correct this?
This seems like something to ask the LL as it depends on your situation. The last apartment I lived in, the city did these inspections once a year. The city scheduled when the building would be inspected, my LL had no say in when it was scheduled. We were given about a weeks notice to check our smoke alarms, and encouraged to change the battery if it hadn't been changed in awhile.
If the apartment failed the city's inspection, there would be a fine and a date and time would be scheduled for a re inspection. If the failure was because of the tenant, they would pay the fine. If the failure was the LL fault, they would pay it.
I believe if you failed a second time, you lost your occupancy permit. I'm not sure. We always made sure our smoke alarms were working, and never had an issue with the building inspection.
Not to sound rude, but why can’t you just move the boxes? You can’t put them in another room, or throw stuff in a closet for now? Just do something temporary so that room can be accessed?
You’re inviting a bunch of trouble by pushing back on this. At best, you’ve established a poor relationship with the LL already. At worst, it could cost you the place.
My friend has a 2-bedroom apartment, and she got a job that will keep her out of the country for the next few years. I was living in a 1-br apartment, and agreed to move in to her apartment while she was away. (It's a much nicer place, too)
I was added to the lease as a roommate. Our arrangement was that the apartment be cleared -- Everything of hers would be either moved to where she is living now, placed in storage, or placed in her bedroom with the door closed.
This past Saturday, my movers came to move all my stuff (furniture, boxes, etc) and becuase there was limited space, I had them put much of the boxes in the hallway that leads to her bedroom. I figured I'd be able to start clearing them out as I set up the apartment, unpack, put things away, etc.
They scheduled a building-wide Smoke Alarm Inspection for this week, and I mentioned the situation to the manager. My bedroom and the living room will have easy access to the smoke alarm, but the bedroom is blocked for now. Nobody is living there.
He insisted that it be cleared by Wednesday, which is impossible. I told him I'd stay home all weekend and get it cleared by Monday, but he said that's not good enough, it had to be clear by Friday (today) -- It's not. I work full time and still had to finish cleaning out my old apartment before the 31st (I finished yesterday)
He said he'll have to report me to the city as "unsafe conditions"
What does that mean to me, the tenant? I will have it cleared out by the end of this weekend, and he will be able to come in on Monday (Well, Tuesday, since Monday is labor day) and do his inspection of the smoke alarm.
Do I face eviction for this (So soon????) I tried to reason with the manager, since I literally JUST moved in and need time to unpack, but he is not budging. I know he's going to go in today, and since he will not be able to get to that bedroom today, I'm worried what will happen....
Any advice? Am I in legal trouble if he reports it to the city? Will the city just give me a notice with a timeframe to correct this?
Help!
Thanks
I used to be an apartment manager and now I'm a tenant. This is in CA.
I wouldn't worry about it if I was you. First the landlord will come in to do the inspection. He'll see he can't get into the bedroom. Then, he'll give you a written notice that you have 3 days to clear the path to the bedroom or "quit" which means move out (assuming the rules are the same wherever you are). The 3 days doesn't start counting until the next business day from the notice, and also doesn't include holidays.
So, if he actually gave you a 3 day notice today - if you get the hallway cleared by Thursday, nothing will happen to you, because you would have complied with the 3 day notice timeline. Here's a chart that shows how they count the days:
So, any post above saying they'd evict a tenant - they can't evict you without first going through the correct notice and process. So, the landlord has to give you a notice that says what you have to do or else you'll be evicted. And that notice has to give you, usually, at least 3 days.
So, your landlord will be irritated, but oh well. I don't think it was unreasonable of you to ask for time to get things moved. He knows you just moved in. Of course, he could have offered to help you move the boxes, too, which is what the owner I worked for would have done. Because he was nice like that. And as a manager, I would have worked with you, too, because I realize that tenants are human beings with lives and jobs, etc., and because that's how I would have wanted to be treated.
I would just reschedule to a more convenient time with you, within the next week or so. Then charge you $100 for a missed appointment.
50. RESIDENT SHALL REIMBURSE MANAGEMENT FOR: If MANAGEMENT incurs costs, directly or indirectly caused by RESIDENTS or guests action or inaction, these additional costs will be added as additional rent to the rental account of RESIDENT. These costs may include, but are not limited to, HOA fees or assessments directly attributed to RESIDENT, trip charges due to not being able to enter unit, trash removal beyond what would be considered normal, additional costs due to regular maintenance staff not being able to enter property, cars blocking dumpster, additional trips for snowplowing, attorney and court fees to defend against complaints brought by RESIDENT, fines for violation of city codes by RESIDENT, loss of trash container(s), etc.
I would just reschedule to a more convenient time with you, within the next week or so. Then charge you $100 for a missed appointment.
50. RESIDENT SHALL REIMBURSE MANAGEMENT FOR: If MANAGEMENT incurs costs, directly or indirectly caused by RESIDENTS or guests action or inaction, these additional costs will be added as additional rent to the rental account of RESIDENT. These costs may include, but are not limited to, HOA fees or assessments directly attributed to RESIDENT, trip charges due to not being able to enter unit, trash removal beyond what would be considered normal, additional costs due to regular maintenance staff not being able to enter property, cars blocking dumpster, additional trips for snowplowing, attorney and court fees to defend against complaints brought by RESIDENT, fines for violation of city codes by RESIDENT, loss of trash container(s), etc.
This would never fly in CA. You'd have to prove that you actually incurred $100 out of pocket losses. And there are legal remedies to get tenants to perform or quit - as in a 3-day notice, followed by an eviction procedure - if you can convince a judge it was reasonable.
Just because someone puts something in a contract, doesn't make it legal.
For example, if your contract says a tenant has to cut off their left foot if they are one day late on their rent - everyone knows that's not legal. Just because you use legal-sounding language doesn't make what you said legal. If you are saying a tenant has to pay a fine that is not allowed by law.
This just goes to show the dark side of many landlords. Shame on you.
I intend to move the boxes. The point is, I *JUST* moved in. I work full time, and have no other room to put the stuff, until I get things unpacked and placed in cupboards, closets, shelves, etc.
I got through half of it, but I was just asking him to be reasonable and give me a few days to do it. Literally, the movers dropped the boxes off less than a week ago.
I told him I have to work, I have a full time job, but I'm happy to stay the entire weekend and clear it out, but he's not budging. I even rented a short-term public storage unit to put things in, which I will be doing all weekend until it is clear. I'm not trying to be a dick, or a hardass. I'm just trying to move in to my new place.
It's really just a case of bad timing.
This is in the city of Los Angeles
The movers dropped the boxes off a week ago? And they are still there?
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