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My apartment complex that I’ve been living in for almost 2 years is requesting that I move my furniture from in front of my bedroom window for safety reasons. They have been in my apartment multiple times since I’ve lived there and not once have they told me that my bed was going to be an issue in the way that I placed it. My bed was assembled in front of my window therefore it will be very difficult for me to move it. I will have to hire someone and take off of work in order to do so. My apartment complex is having inspection and is requiring us to move any furniture in front of our windows and is telling us that we can place it back in its original Place once the inspection is over. Nowhere in my leasing agreement that’s a state that one window has to be available for safety reasons. Will I get fined if I do not move my furniture?
Asked on April 25, 2018 under Real Estate Law, Texas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 3 years ago | Contributor
They can only take such action against you as is permitted by the lease. If the lease has some clause or provision relating to keeping your unit safe or not creating a hazard, then if the bed in front of the window does pose a safety hazard (or if there is some provision about complying with all relevant laws, and the placement of the bed violates some local housing or safety ordinance), then they can take action against you. They can only take action if the action is supported by the lease, so review the lease to see what rights or authority they have. The landlord has only that power given to it by the lease.
Note that even if the landord cannot itself take action against you, if you are violating some local ordinance, it is possible your municipality, etc. could fine you.
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