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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 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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