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vosotpatrol
Stranger

Registered: 07/11/10
Posts: 13
Last seen: 13 years, 16 days
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Locked Closet inside of apartment...
#12941123 - 07/23/10 01:41 PM (13 years, 9 months ago) |
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I know that apartments have the right to enter your apartment seemingly whenever they want, but what are they're rights to enter a padlocked door within your apartment?
I recently moved into a new place and we have a small deck here with a closet outside. The closet door came with the latch to support a padlock (i'm not altering anything to the apartment). If I wanted to keep things in there, undisturbed, what is the right of that apartment managers to open that closet if they want? Not that they would ever want to, but can they just go at it with bolt-cutters? I'm just looking to understand better where this kind of thing stands.
Does this relate to keeping a safe in an apartment in anyway?
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Ganjabonga
Chief



Registered: 10/07/08
Posts: 543
Loc: Washington
Last seen: 10 years, 7 months
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Re: Locked Closet inside of apartment... [Re: vosotpatrol]
#12941138 - 07/23/10 01:43 PM (13 years, 9 months ago) |
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They actually have to give you a 24 hour notice.
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swope
n00b



Registered: 07/10/10
Posts: 387
Loc: U.S
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Re: Locked Closet inside of apartment... [Re: Ganjabonga]
#12943196 - 07/23/10 09:40 PM (13 years, 9 months ago) |
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Quote:
Ganjabonga said: They actually have to give you a 24 hour notice.
yeah they have to give you a 24 hour notice and no. they cannot open your safe. only way is if a cop has a search warrant for the entire apartment.
Edited by swope (07/23/10 09:40 PM)
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luvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,247
Loc: Lost In Space
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Re: Locked Closet inside of apartment... [Re: Ganjabonga]
#12944352 - 07/24/10 06:15 AM (13 years, 9 months ago) |
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Quote:
Ganjabonga said: They actually have to give you a 24 hour notice.
There are exceptions to the 24 hour rule. Entry for emergency repairs does not require any notice. Examples of this would be if a downstairs tenant reports water coming through the ceiling from the upstairs apartment. Another would be if a tenant reports no heat or hot water and the only entrance to the basement is through an apartment. Yet another, a report of smoke. Report of a broken window on a cold winter day. There are more.
That is why, even in your own apartment, you do not ever leave things lying around that you do not wish the landlord to see. No bongs on display, no pipes. Don't be foolish and hang drug themed posters on your walls. Stay low profile until the stupid drug laws are changed.
To answer the original question...... no, I (I'm a landlord) would not be able to just cut a lock off of a door without a good reason. If I require entry to a basement and the door is locked, I can cut it off. If I walk by a door on my way to the basement and see a lock on it, I can not cut it off.
However, I'd certainly be curious about such a lock. You will have succeeded in attracting my attention. Believe me, one thing you never want is extra attention when attempting to hide things.
More to the point, in your specific case, the closet is outside on the deck. I wouldn't think twice about such a lock. It could be easily explained away as a means of preventing people from stealing lawn chairs, sports equipment and the like.
Bottom line to all who read this thread: Be discrete. Be careful. Put your goodies away when you are not using them. Go low key. The minor inconvenience is greatly outweighed by the inconvenience of being arrested. Minor lifestyle changes go a long way to staying out of jail.
-------------------- You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers
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vosotpatrol
Stranger

Registered: 07/11/10
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Last seen: 13 years, 16 days
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Re: Locked Closet inside of apartment... [Re: luvdemshrooms]
#12944370 - 07/24/10 06:28 AM (13 years, 9 months ago) |
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Thanks for the info, luvdem, that's a big help. Before I bought a lock for the door, I did a quick survey of my neighbors apartments and found that most had a padlock on that outside door. I'm sure mine doesn't stick out a whole lot.
And no kidding about keeping stuff hidden. I used to work overnights and sleep during the day and one day I woke up at about 3p.m. to find my fire extinguisher on my kitchen table with a new inspection tag. They came into my apartment while I was sleeping to check it and placed it right next to my bowl and a little bag of bud.
Nothing came of it, but it was pretty unnerving which is why I wanted to make sure to have the extra step of a padlock in my new place.
Thanks again...
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Anonymous #1
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Re: Locked Closet inside of apartment... [Re: vosotpatrol]
#12945540 - 07/24/10 01:18 PM (13 years, 9 months ago) |
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The problem is, if they did break into the closet, and called the police, the 4th amendment doesnt apply to landlords, so while you could sue the landlord you have no defense to the criminal conviction (the stuff is still admissible evidence). That is aside from whether the landlord knows the applicable law, whether they'd ever do that etc. but know you would have no remedy for the criminal charges if they did break the law in that way
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: Locked Closet inside of apartment... [Re: Anonymous #1]
#12954162 - 07/26/10 05:03 AM (13 years, 9 months ago) |
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> The problem is, if they did break into the closet, and called the police, the 4th amendment doesnt apply to landlords
Law is seldom as cut and dry and you like to present. For example, if the police ask a landlord to search an apartment for them, then landlord is considered to be an agent of the police and the 4th amendment does apply. See US vs. Hardin, 06-6277. In light of this ruling, it is obviously incorrect to state that "the 4th amendment doesnt (sic) apply to landlords" in all cases.
-------------------- Just another spore in the wind.
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Anonymous #1
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Re: Locked Closet inside of apartment... [Re: Seuss]
#12974050 - 07/29/10 07:41 PM (13 years, 9 months ago) |
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Quote:
Seuss said: > The problem is, if they did break into the closet, and called the police, the 4th amendment doesnt apply to landlords
Law is seldom as cut and dry and you like to present. For example, if the police ask a landlord to search an apartment for them, then landlord is considered to be an agent of the police and the 4th amendment does apply. See US vs. Hardin, 06-6277. In light of this ruling, it is obviously incorrect to state that "the 4th amendment doesnt (sic) apply to landlords" in all cases.
I see your point but I respectfully disagree. 1.) I specifically gave the example of a landlord finding it then calling the police, 2.) that would apply to landlords as state actors not landlords qua landlords... I didn't say landlords were immune to it, merely that it did not apply to them. Point well taken tho
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Seuss
Error: divide byzero



Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
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Re: Locked Closet inside of apartment... [Re: Anonymous #1]
#12975693 - 07/30/10 06:13 AM (13 years, 9 months ago) |
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> Point well taken tho
The important thing to remember is your audience (here). A lot of people skim a post with out following the details of the thread. They read a statement, miss the fine print, and then assume the general case always applies no matter what. With respect to avoiding trouble and screwing up somebodies life, I try to always err on the side of full disclosure.
-------------------- Just another spore in the wind.
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