Just like this one of yours.You are wrong about the $50K plumbing bill!
I can't think of one.I've asked several times now, why would a Judge dismiss the cereal box case when cereal boxes were in the lease language?
Don't make me quote Monty Python at you.
We don't know what the apartment looks like in it's general condition, we only know what one clause states and we only have the opinion if the OP which could be considered biased.
Again, while the monthly inspections appear to be unreasonable it's moot since the OP signed a lease with this in the contract and it's not illegal. It's onerous, it's a burden and can cause the OP problems, though what that looks like is unclear, but the OP agreed to the conditions and must now tolerate the LL in their home expressing opinions as to the state of their home. So far the only harm the OP has suffered seems to be enduring criticism.
If they choose to pursue legal action they will have to determine the legal basis for the claim and likely hire an attorney to handle the action with a rather unsure outcome that, even if successful, would net nothing except maybe a declaration of some sort that that clause was void or something.
"Where do those stairs go?"
"They go up!"
I find the OP credible.We don't know what the apartment looks like in it's general condition, we only know what one clause states and we only have the opinion if the OP which could be considered biased.
Re-read. Its not just criticisms, its threats.Again, while the monthly inspections appear to be unreasonable it's moot since the OP signed a lease with this in the contract and it's not illegal. It's onerous, it's a burden and can cause the OP problems, though what that looks like is unclear, but the OP agreed to the conditions and must now tolerate the LL in their home expressing opinions as to the state of their home. So far the only harm the OP has suffered seems to be enduring criticism.
I am not suggesting that they sue. I am suggesting that the stand up to the nit picky manager, but not until after their lease is renewed.If they choose to pursue legal action they will have to determine the legal basis for the claim and likely hire an attorney to handle the action with a rather unsure outcome that, even if successful, would net nothing except maybe a declaration of some sort that that clause was void or something.
42 U.S.C. 3604(f)(3)(B).
Since 2013, the American Psychiatric Association (APA) has recognized that hoarding is a mental disability, and hoarders have been recognized under the FHHA as a protected class. The part of your notice that says, “Keep floors free from clutter, toys, clothes, etc." could be interpreted as illegal discrimination, because it targets anyone who hoards stuff but does not violate any building, fire or health codes. The problem is that your situation probably does not rise to the level of mental illness, meaning that you still might have a duty to follow the terms of your lease.
The above is sort of a long shot argument that I found to be interesting, but definitely one I would only want to try AFTER renewing my lease.
I read several articles on the web that suggest to me maybe apartment managers are in a gray area when trying to strictly enforce rules against clutter. The Fair Housing Project of Legal Aid of North Carolina has a good article that I’m linking here as a reference, and applies to federally funded housing in any state.
Per the first post there was mention of piling to make a path to the window. This call into question the what "clean" means.
Whether or not you consider the OP credible (I have not said they are not) they are still likely biased because it's in their interest.
The threat that are mentioned seem to reference lease violations. It's within the LL's purview to enforce the lease.
We don't know if it's a nit picky LL or not. It's the chief problem with a forum such as this is we get selective at worst or incomplete snapshots of complex situations upon which we base our information. This is not a criticism of OP's, largely, it's just a pitfall of forums. The real problem is when we presume a complete picture or lend sterling credibility to an OP without questioning the possibility of bias and the make definitive statements that we really aren't in a position to make about specific situation. So, for myself, I believe the the OP is in a difficult though self-imposed situation that they are looking to perpetuate despite existing problems with management and that management MAY be in the right. Alas, it doesn't APPEAR that the LL or owner is doing anything illegal, just invasive and maybe punitive per the terms of the existing lease and with terms that will carry through the next lease. If I were the OP I would leave, especially since the OP stated that they could afford it but it would be a hit due to their status as a student. So, the real choice is summarized by an old song from the 1980's: should I leave or should I go. I would go.
"Where do those stairs go?"
"They go up!"
So once again, just like last time, we got this lease violation notice to fix it within 48 hours in which there would be a re-inspection. And once again, we fixed it all and waited all day and she did not come back to re-inspect. I really don't know what to make of that. What scares me is that when I have read reviews of this place, she has evicted others or else not renewed their lease and when new properties called her to question those prospective tenant histories, she brought up all her frivolous lease violations and bad mouthed the people to the point they could not get approved to live elsewhere.
Meanwhile this problem has gotten my husband and I into an argument (when she does this I feel like I have to go above and beyond to organize the clutter and he feels like picking one or two things up is enough), and it has caused me to stress to the point I am unable to concentrate on my school work and even sleep because I cannot get into a deep sleep I keep thinking of this lease violation even when I try to sleep. I already suffer from GAD and she is aware of this.
I would leave in a heartbeat if that were an option. But here in east TN, because so many people are moving here rents have risen. What we pay for our two bedroom apartment now is actually less than what most people pay for a one bedroom in an "OK" apartment complex, or an older mobile home. Quite frankly, we are tired of renting due to various reasons and we are just biding our time until we are in a position to buy. Right now we have to wait one more year it looks like.
This lease states we cannot have a satellite dish on our balcony. In fact when we moved in we were told that Spectrum was the only option as it was the only one wired for this area. We overpaid for Spectrum for two years before we ran into an AT&T salesman who assured us we could get service in this area. We were going to get a huge deal including a satellite but it needed to go out on our balcony (no damage to property). We called to verify the lease and she said absolutely not. So we ended up going with AT&T anyway but not getting the awesome bundle deal. Meanwhile I learned this lease is not enforceable due to Federal Communications Commission Order 98-273 however I did not want to "step on toes" so to speak because I don't want to give her reason to nitpick or not renew our lease. I know a lot of tenants cause problems but geez, being a renter is the pits! After we got AT&T we noticed a lot of wi-fi names are now AT&T not Spectrum/Charter so we are happy to have at least paved that way for them.