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  1. #1
    studentks Guest

    Question Does Landlord has right to search my home?

    What is the name of your state? Kansas

    I live in an apartment owned by a university. This apartment was completely renovated before we moved in in May. We signed a contract and one of the general regulations says "Washers, dryers, dishwashers, waterbeds and garbage disposals are not permitted in apartments. Existing drain lines cannot accommodate excessive water, soap or disposal discharge." This policy was written based on the old non-renovated apartments where there are no dishwashers or garbage disposals. In the renovated apartment however, the dishwashers and garbage disposals have already been installed. At that time I had assumed the drain lines have been changed to accomodate these appliances. So I spent about $1000 and bought a compact washer/dryer combo that only uses 1/3 of water regular washer uses (because it's front loading) and does not need venting (use cool water to condense water vapor to dry cloth). No installation is needed.

    Then things became ugly. Several weeks I found that there was some water dripping on floor from the washer so I called the manufactory for repair service. The repair guy found that the pump was broken and ordered the part and said that he would come back later to fix the problem when the part arrived. Half an hour later I got a call from the apartment complex director and asked me if I had a washer installed because the apartment maintenance saw the repair guy and questioned him what he was doing here. He then told me that washer is not allowed in the apartment. I argued that because dishwasher and garbage disposal are used now and the drain line has been renovated why can't I use washer. He said that he would talk to his boss.

    I emailed his boss my reasons of using the washer. Also I enclosed water usage data of disherwasher (15gallon/load), regular shower (27 gallon/5 minutes) and my washer (13 gallon/cycle). His boss just insist that we can't use the washer because it is on the contract. And I told him we already stopped using it since the first phone call from the apartment complex director (which was true). In his original email, he stated that "I must ask you to continue not to use the washer and would encourage you to remove it from the apartment entirely".

    Then the repair man came a week later to install the new pump to the washer. This time again he was caught by the maintenance crew after he left my apartment. And now I received a letter (a registered letter) from the boss saying that (the repair man) doesn't leave me to believe that you have truly ceased using the washer and dryer" so that "I must ask you to remove the washer and dryer from your apartment no later than XXX (date). I will stop by your apartment on XXX to ensure it is removed".

    I feel really unfair for the man to state that he did not believe that I had ceased using the machine just because the repair man came to fix the problem. I spend $1000 for the machine and why can't I have it fixed even I decide not to use it.

    My questions are:
    1) Does he (or landlord) has the right to ask me to remove the machine just because he doesn't believe me not use it anymore. He doesn't have any evidence to prove.

    2) Does the landlord has the right to search my apartment for the washer?

    3) The contract stated that "no washer, dryers" as well as "dishwasher and garbage disposal are permitted". But in our rrenovated apartment, the dishwasher and garbage disposal have already installed by the landlord. Is this contract still effective legally?

    Thanks so much for your help.
  2. #2
    freddyzero Guest
    student of KS:

    You will probably learn more about Life skills and about the legality of the washer dryer then you will learn ALL year in school.

    As it states above every state is different, here in New York City we have complex landlord tenant rules, which take into account some of the logistical nightmares of living in the city.

    The 2 hardest things to do in NYC, is the laundry and food shopping, unless you have plenty of money and will pay the laundry to do it and live close to a supermarket that delivers.

    So most of the time the landlord cannot say anthing about the portable W/D, we had a Malber 800, neat little untis, great for a small load, but not so good for towels, took too long.

    Here is where the problem comes in, does your state by case law, consider the portable W/D differently then a permenantly installed unit?

    When they saw a repairman they might have figured you were going to have a hot/cold line put in so you can use a permenant w/d ,which of course illegal to alter the landlords property.

    But to remove the aereator off the kichen faucet and hook it up to the washer and have the hose drain into the sink, would probably not be considered violating the lease as it is a temporary hookup.

    see the legal gray area you are in? And why it would be worth your time to study the landlord tenant laws and ask questions.

    Also on the Malber, the lint filter on the bottom right holds about 24 oz of water which spills when you clean the lint filter.....so you need some towels in place before you open it up.

    also it had a lint filter inside, that really needs to be cleaned, or the machine will get real hot and overheat and maybe void the warrenty.....but all in all it really was a great machine for the 5 years we lived in manhattan.

    One more thing....one reason they dont want washers is that when they rennovate, they usually put a floor drian in under the W/D so in case it overflows it will go down the drain instead of flooding yours and the downstairs apartment, there by saving you and the complex lots of money $$$$$

    A little studying in the law library might just save you from moving or getting rid of the washer, or you might find the landlord cannot prevent you from using it...

    Good Luck!
    Last edited by freddyzero; 09-29-2002 at 11:40 PM.
  3. #3
    studentks Guest

    Thanks for you reply

    Mine is a Equator 3600 washer/dryer combo which costed $1000. I have listed every reason why the combo unit won't cause any additional burden on the drainage lines but I was still denied to use it.

    The part that upset me most is that I have already stopped using the unit. Now they even want me to remove it within a certain date simply because the repair man made them not believe I had truly stopped using it. I'm not familiar with landlord-tenant law. But I know generally One can not assume someone's doing is illegal unless he/she can prove it. We see this on movie all the time. Now this director is asking me to remove the unit simply because he did not feel like he could trust me.

    Also I can stop using it. But do I have the right to have this unit at my home? Are they going to search my closet or anywhere in my apartment to see if the unit has been removed. It sounds horrible. But do they need a seach warrant to do so then?

    This is disgusting.
  4. #4
    freddyzero Guest
    Your washer dryer is the same as the Malber just a different name.

    Now you see why lawyers are expensive**************

    You have to research Kansas law, stautues and court cases to find one that is similar to yours to get an answer, there should be a law library open to the public in most big cities.

    On the surface, no washer dryer means, no washer dryer! But most people will assume it is a full size permenantly installed ones, not a portable like yours.

    So that is the best answer i can give, if you went before a judge the judge will listen to both sides and if you have no proof to say the landlord is wrong, then what else is a judge going to go by? why the lease, and the lease says no washer dryer.

    You could call the local bar association and see if you can get a consulatation with a lawyer for $25-50.

    Do you have hot/cold water water spigots, already installed in your apartment out in the open just wating for the washer/dryer to be installed? Or are you using the w/d off your kitchen faucet?

    In your original post you assumed your lines were upgraded since you do have a dishwasher and garbage diposal, and the lease did not permitt them, so you want to take the next step andassume a washer dryer is acceptable, sincee you have the other 2 units....a good theory, so now find the KS law or KS court cases to prove your theory, and you will win.

    The law library will give you acess to the 2 main legal search engines Westlaw and Lexis-Nexis, like i said you will learn more about PRACTICAL Life skills, concerning your washer dryer then in a full year of college!

    ----------
    I must ask you to remove the washer and dryer from your apartment no later than XXX (date). I will stop by your apartment on XXX to ensure it is removed".


    OK you dont have a Washer AND Dryer (2 items), you have a washer/dryer (One item) Technical but true!
    Last edited by freddyzero; 09-30-2002 at 08:32 AM.
  5. #5
    JETX is offline Senior Member
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    Student:

    Your answers:

    Q1) "Does he (or landlord) has the right to ask me to remove the machine just because he doesn't believe me not use it anymore. He doesn't have any evidence to prove."
    A1) Yes. Your post states that you signed an contract which states, "Washers, dryers, dishwashers, waterbeds and garbage disposals are not permitted in apartments ". You have one. That is clearly a breach of the contract and you can be evicted. The fact that it is there is sufficient proof.

    Q2) "Does the landlord has the right to search my apartment for the washer?"
    A2) Normally, no... not to "search". But most leases (and most state laws) do give the landlord the right to access the property for maintenance, health, safety, etc. And once inside, it would be very easy to see that you are in breach of your contract. Further, the fact that he/she knows about it, does give them the right to verify your statement if it is removed.... during reasonable hours.

    Q3) "The contract stated that "no washer, dryers" as well as "dishwasher and garbage disposal are permitted". But in our rrenovated apartment, the dishwasher and garbage disposal have already installed by the landlord. Is this contract still effective legally?"
    A3) Yes. This is called 'severability'. If one of the parts is found not valid or in legal standing, the remaining parts are still valid.

    Bottom line.... the contract clearly says that your 'item' is "not permitted in apartments". The fact that it IS there, even if it is not used, is clearly a breach of the contract. I suggest you either move it offsite or sell it.... or be prepared to be evicted.
  6. #6
    studentks Guest

    One more question to Halket

    So If I remove it from the bathroom and leave it somewhere in the living room with a cover to it or hide it in a closet just like a piece of furniture, then does the landlord has the right to search my home checking each corner to see if it entirely removed from my home?

    Thanks so much
  7. #7
    HomeGuru is offline Senior Member
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    Re: One more question to Halket

    [QUOTE]Originally posted by studentks
    [B]So If I remove it from the bathroom and leave it somewhere in the living room with a cover to it or hide it in a closet just like a piece of furniture, then does the landlord has the right to search my home checking each corner to see if it entirely removed from my home?

    Thanks so much

    **A: yes.
  8. #8
    Votan Guest
    Searching the apartment without search warrant ?
  9. #9
    queenofsand is offline Member
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    Votan,

    This is not about criminal activity. Landlords have the right to enter their property. Studentks agreed to abide by the lease with a signature. It seems as though the lease has been breached. The landlord is entitled to inspect to make sure the terms of the lease are being followed.

    There is no need to get a search warrant--it's a civil manner addressed by the civil code.

    Geez.
  10. #10
    I AM ALWAYS LIABLE is offline Senior Member
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    [QUOTE]Originally posted by Votan


    "Searching the apartment without search warrant ?"


    QueenofSand - -

    Only an idiot would write something as stupid as that. Oh, that's right - - Votan wrote it.

    Look in the dictionary, and find the word "idiot" - - you'll see Votan's picture.

    IAAL
  11. #11
    Votan Guest
    Originally posted by queenofsand
    Votan,

    This is not about criminal activity. Landlords have the right to enter their property. Studentks agreed to abide by the lease with a signature. It seems as though the lease has been breached. The landlord is entitled to inspect to make sure the terms of the lease are being followed.

    There is no need to get a search warrant--it's a civil manner addressed by the civil code.

    Geez.

    I donít 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 donít think he could get. Whatís wrong with you folks you rush to interpret statement out of its context.
  12. #12
    dearprudence73 Guest
    I agree with freddy, this is a gray area. Since there has been an upgrade of appliances in the apartment, but this is not been reflected in the lease.

    Studentks:

    Iaal queen of sand halket are landlords, so naturally its a violation to them.

    But you have questions good questions and to dismiss them without you doing an investigation into kansas law, a judge fully answering them is just throwing in the towel, and letting the landlord win without a fight.

    If the apartment had NO dishwasher and disposal, it would not have been upgraded and then you would have no questions to ask.
  13. #13
    I AM ALWAYS LIABLE is offline Senior Member
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    Originally posted by dearprudence73


    "Iaal queen of sand halket are landlords . . ."

    =======================================


    My response:

    I am?

    How would you know that?

    Please substantiate your "statement of fact" with proof.

    IAAL
  14. #14
    queenofsand is offline Member
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    edited because I went off on a tangent; I'll spare y'all a rant from my soapbox (haha, washer/dryer, soapbox)
    Last edited by queenofsand; 10-01-2002 at 11:53 PM.
  15. #15
    dearprudence73 Guest
    Thats why this is an interesting question, since the apartment was upgraded but the lease was not

    And its a portable unit as opposed to a installed unit, are very fair and reasonable questions that deserve a legal answer.

    Dont always assume a tenant is breaking a lease.

    StudentKS:

    As you can see its not so cut and dry, you have some valid points about your lease, and it is a portable w/d and you did not do anything to alter the apartment, so do you want to just give up and lose $1000 or be evicted,

    OR does this inspire you to learn about our legal system and find the right legal answer?

    Is your choice.

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