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Does Landlord has right to search my home?

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JETX

Senior Member
Prudence (aka Happyroach), you and Votan are absolute idiots. You are NOT basing your answers on the FACTS.... or the law!

FACT: The writer signed a contract stating, "Washers, dryers, dishwashers, waterbeds and garbage disposals are not permitted in apartments." Please note: there is NO exclusion as to whether it has to be used, covered with a sheet, in a closet, etc. It is VERY clear that the are NOT permitted in the apartment!!

FACT: There is nothing in the above statement that says anything about "if the apartment is upgraded to allow other appliances, then this clause is void"..... or anything that voids this contract.

FACT: The writer has a washer and/or dryer in the apartment.

FACT: Any 'games' by the writer (as to symantics of 'washer AND dryer', or 'washer under sheet', or 'washer in closet') has absolutely NO relevance to the PROHIBITION.

FACT: The writer/tenant is in breach!!

FACT: This breach of the contract is sufficient to evict the writer/tenant.


Now, you can play all the games you want (hide and seek, 'guess what is under the sheet', 'ghost in the closet', symantics, etc.) but the do NOT void the signed contract.

So, get your FACTS straight and quit throwing maybe's and coulda's into this thread that clearly do NOT apply.
 
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happy&lucky says: Dont always assume a tenant is breaking a lease.

This is pathetically hilarious coming from the King of Assumptions, Maybes & Couldas.

Assumptions are what started Studentks' problem. Just because a dishwasher and disposal are in the apt now does not mean the unit was completely renovated to handle a washer and dryer. Are there washer/dryer connections in the apt??? A drain, water connections, venting and proper electrical outlets? The average tenant probably won't purchase an appliance like an Equator. If there are no connections, the landlord is trying to eliminate the risk of some idiot trying to jerry-rig a regular washer/dryer by specifically addressing NO washer/dryer in the lease.

It doesn't take a leap of faith to 'assume' a breach has taken place. The lease says NO washer/dryer. Studentks didn't get permission. When the management found out about it, they requested a remedy. Imo, it's pretty clear cut.

What HG said. Put my vote in Halket's column. :)
 

HomeGuru

Senior Member
Votan said:



I don’t dispute the fact that student has breached his contract/lease by his admission, but I do disagree that Landlord has a right to search what is in the closet unless he could get a search warrant, and that I don’t think he could get. What’s wrong with you folks you rush to interpret statement out of its context.

**A: Ok, Votan, here is your chance to prove yourself.
Please post Kansas L/T or real property law that requires the owner of his rented property to first obtain a search warrant before inspecting his own property leased to a tenant.
The law, and I would surmise the written rental agreement gives the lanldord the right of access to the property for purposes of inspection, repair and maintenance etc.
In addition, once the tenant has been found to be in violation of any term and condition of the lease, landlord has a right to re-inspect the property to insure compliance and that the violation is not continuous and on-going.
Ex: if the lease banned pets and the tenant was caught having a pet, the landlord could continuously inspect and re-inspect the property to make sure that the tenant was in compliance did not have a pet. No search warrant is needed.
 
V

Votan

Guest
HomeGuru said:
Votan said:



I don’t dispute the fact that student has breached his contract/lease by his admission, but I do disagree that Landlord has a right to search what is in the closet unless he could get a search warrant, and that I don’t think he could get. What’s wrong with you folks you rush to interpret statement out of its context.

**A: Ok, Votan, here is your chance to prove yourself.
Please post Kansas L/T or real property law that requires the owner of his rented property to first obtain a search warrant before inspecting his own property leased to a tenant.
The law, and I would surmise the written rental agreement gives the lanldord the right of access to the property for purposes of inspection, repair and maintenance etc.
In addition, once the tenant has been found to be in violation of any term and condition of the lease, landlord has a right to re-inspect the property to insure compliance and that the violation is not continuous and on-going.
Ex: if the lease banned pets and the tenant was caught having a pet, the landlord could continuously inspect and re-inspect the property to make sure that the tenant was in compliance did not have a pet. No search warrant is needed.
My policy is not to respond to futil comments. You participated in one of those but your last comment, the quoted one, leveled you up and I give you the benefit of doubt.

You are saying "The law, and I would surmise the written ...". Which law you are talking about? That of KS? if you know it, why you would want me to post it? just post it yourself for the benefit of all of us.

You surmise...

Sory, I don't.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Oh, geez!

Would someone, please, put this jerk Votan out of my misery with his stupid "pretzel logic"?

So, you don't "surmise", Votan?

Well, YOU were the one that brought up the issue of a "warrant", and HomeGuru is asking YOU to substantiate your statement for having written that bit of "genius" in the FIRST PLACE!

So, we're waiting for you to substantiate what you wrote.

IAAL
 

JETX

Senior Member
Kansas Code:
"58-2556. Rules and regulations of landlord; when enforceable. A landlord, from time to time, may adopt rules or regulations, however described, concerning the tenant's use and occupancy of the premises. Any such rule or regulation is enforceable against the tenant only if:
(a) Its purpose is to promote the convenience, safety, peace or welfare of the tenants in the premises, preserve the landlord's property from abusive use or make a fair distribution of services and facilities held out for the tenants generally;
(b) it is reasonably related to the purpose for which it is adopted;
(c) it applies to all tenants in the premises equally;
(d) it is sufficiently explicit in its prohibition, direction or limitation of the tenant's conduct to fairly inform the tenant of what such tenant must or must not do to comply;
(e) it is not for the purpose of evading the obligations of the landlord; and
(f) the tenant has notice of it at the time such tenant enters into the rental agreement.
After the tenant enters into the rental agreement, if a rule or regulation which effects a substantial modification of the rental agreement is adopted, such rule or regulation is not enforceable against the tenant unless such tenant consents to it in writing"

"58-2557. Landlord's right to enter; limitations. (a) The landlord shall have the right to enter the dwelling unit at reasonable hours, after reasonable notice to the tenant, in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services, or exhibit the dwelling unit to prospective or actual purchasers, mortgagees, tenants, workmen or contractors.
(b) The landlord may enter the dwelling unit without consent of the tenant in case of an extreme hazard involving the potential loss of life or severe property damage.
(c) The landlord shall not abuse the right of access or use it to harass the tenant."

"58-2564. Material noncompliance by tenant; notice; termination of rental agreement; limitations; nonpayment of rent; remedies. (a) Except as otherwise provided in the residential landlord and tenant act, if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with K.S.A. 58-2555 and amendments thereto materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice, if the breach is not remedied in 14 days. The rental agreement shall terminate as provided in the notice regardless of the periodic rent-paying date, except that if the breach is remediable by repairs or the payment of damages or otherwise, and the tenant adequately initiates a good faith effort to remedy the breach prior to the date specified in the notice, the rental agreement will not terminate. However, in the event that such breach or a similar breach occurs after the 14-day period provided in this subsection, the landlord may deliver a written notice to the tenant that the rental agreement will terminate upon a date not less than 30 days after receipt of the notice without providing the opportunity to remedy the breach. The rental agreement then shall terminate as provided in such notice regardless of the periodic rent-paying date.
(b) The landlord may terminate the rental agreement if rent is unpaid when due and the tenant fails to pay rent within three days, after written notice by the landlord of nonpayment and such landlord's intention to terminate the rental agreement if the rent is not paid within such three-day period. The three-day notice period provided for in this subsection shall be computed as three consecutive 24-hour periods. When such notice is served on the tenant or to some person over 12 years of age residing on the premises, or by posting a copy of the notice in a conspicuous place thereon, the three-day period shall commence at the time of delivery or posting. When such notice is delivered by mailing, an additional two days from the date of mailing should be allowed for the tenant to pay such tenant's rent and thereby avoid having the rental agreement terminated.
(c) Except as otherwise provided in the residential landlord and tenant act, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or K.S.A. 58-2555 and amendments thereto.
(d) The provisions of this section shall not limit a landlord's or tenant's right to terminate the rental agreement pursuant to K.S.A. 58-2570, and amendments thereto"
 
A

annefan1000

Guest
Listen up, Sybil (Votan, etc.)

There is a very appropriate forum, which would benefit from your many personalities called Excite Chat. www.excite.com
Go there, register as many names as you can handle, and chat to your hearts content. That forum bestows many other internet psychotics and would welcome your challenging attitude.
 

JETX

Senior Member
In fact, you can register ALL of your aliases and then have each of them send 'notes' and chats to the other!!
 
A

annefan1000

Guest
ohmygod, I laughed so hard I nearly fell off my chair

Good one, Halket. hhahhaha
 

HomeGuru

Senior Member
Halket said:
In fact, you can register ALL of your aliases and then have each of them send 'notes' and chats to the other!!

**A: Heck, when Notan was a kid, even his imaginary friend wouldn't play with him.
 
E

eberha14

Guest
One thing I would like to stress is that the landlord must give reasonable notice before entering your apartment. You have the right to demand that the landlord make an appointment before entering your apartment for non-emergencies, and you have the right to be there when he does his inspection.
 

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