What is a &quot;listed natural gas appliance&quot;? My landlord mentioned that I can have a grill on my balcony as long as it is fueled by natural gas. As he is a fireman, I'm assuming he has some knowledge of the relevant laws. But before dropping several hundred dollars on a new grill, I wanted to make sure, so I am looking at BARBECUES, PROPANE AND HEAT-PRODUCING DEVICES ON BALCONIES from the Denver Fire Department, and at the end it reads Exceptions: ... 3.Listed natural gas appliances... 4.Listed electric ranges, grills or similar electrical apparatus... What does "listed" mean in this context? The document has no list. But my natural gas appliance is listed on Amazon's, Lowe's, and Home Depot's websites. I assume that's not what the document means.
I am not from Denver, so it may be different there, but I would think most people would take that to mean the appliance meets UL standards or other safety standards and has been certified. Each governing body, be it a town, county, state, or country, gets to decide who can certify an appliance.
This all depends upon where you are. I am a landlord and I am answering based upon the laws of the U.S. and the states that I operate in. First things first. You are not the property owner. While this does not limit the answer, it is a factor. You do not have the right to the property even if you have a key and the permission of the tenant. You are not the property owner, do not represent the property owner nor the tenant, and by contract do not have legal rights to the apartment. It does put you in a different situation. As a landlord, it is against the law for me to provide access to a tenants apartment to anyone without authorization. This, of course, precludes emergencies such as welfare checks. In the case of the police, a warrant is required or a form that the police fill out that allows the police to gain access. This would be used in cases such as when a spouse requires the recovery of personal property during a domestic dispute. A judges order is not always possible in these cases. These are often limited cases and the form absolves the landlord of liability even in cases where the police act incorrectly. So without a warrant or a form that certifies any lawful request, anyone including the landlord can be arrested for a crime. For your situation, a quick call to the landlord would have been appropriate. Without a warrant or certification, the police still had options including waiting for the person in question to either leave or return to the apartment or even request a warrant by phone. Often, the warrant, once signed by the judge, can be read over the phone. Any landlord should always have a paper copy provided within minutes since some cruisers will have a printer and can print the warrant. Your refusal appears to be legal. However, in the future, you can ask for a copy of the warrant that you provide the landlord. I do not wish to paint a negative image of the police who do the hard work that most people will never take on, they are after all heros, however, some do not know the law perfectly well especially tenant landlord law. As well, some will try and get away with skirting the law trying to get an important job done. It does happen. I hired a lawyer just last week for an illegal request unrelated to the question here. Addressing the OPs comment: Hello, I believe I misstated the situation a bit in that the locked door in question was for the apartment building and not a tenet's apartment itself. I have edited my question. Does this change anything? Technically, this does not change much of anything, however, the request by the police can be seen as a reasonable one. They just may want to talk to the individual which is reasonable. In this case, I might have let them in if the access I was giving them was to a common space such as a hallway. In this case, the outer door locks are only to keep Intruders from entering the building and not meant to restrict access for valid purposes. Are you in trouble? I would say no. If anyone asks, you can give reasonable arguments for your situation. However, the next time, consider what I have written here. The police have a tough enough time doing their jobs. If you can help and stay within the proper boundaries of what the law allows, that would be best.
Clean your tub. Scratch that off the list. Typo - forget about it, there is nothing here, clerical errors are curable if not outright reasonable. In CA your landlord can enter under certain circumstances. All but emergency require notice, agreement, or your presence. But what is your remedy? A civil suit for damages or call the cops and try to get the landlord charged with criminal trespass under CAL. PEN. CODE § 602.
The chief legal problem might be (depending on how you build and operate the thing) the amount of Electro-Magnetic Interference (EMI) that you're causing. You are not exempt from FCC regulations, but § 15.23 Home-built devices. (a) Equipment authorization is not required for devices that are not marketed, are not constructed from a kit, and are built in quantities of five or less for personal use. (b) It is recognized that the individual builder of home-built equipment may not possess the means to perform the measurements for determining compliance with the regulations. In this case, the builder is expected to employ good engineering practices to meet the specified technical standards to the greatest extent practicable. The provisions of §15.5 apply to this equipment. Since the question assumes &quot;the builder knows what he's doing&quot;, we may assume the FCC demand &quot;the builder is expected to employ good engineering practices&quot; is met. But that also would assume that the builder knew about EMI in the first place.
Google is very helpful in this regard. I typed nyc restaurant bath and it suggested nyc restaurant bathroom law, the first result being http://www1.nyc.gov/nyc-resources/service/2360/restaurant-bathroom-requirements. It says: You can make reports about any food establishment with 20 or more seats that has no toilet and was established after 1977. These establishments must provide toilets for their patrons. Food establishments that have been in operation since 1977 or before are exempt from this requirement. Food establishments with 19 or fewer customer seats are not required to provide bathroom access to the public. Food establishments are not required to allow public access to their employee toilets. Patrons are not permitted to use any toilets where the patron must walk through the kitchen or any food storage or food preparation area. Call 311 to report a restaurant with 20 or more seats that has no toilet and was opened after 1977.
The key language to be taken notice of in that code is 'by fraud or deception'. If the property manager has provided reasonable notice of a clear-out, then the code doesn't apply due to lack of fraud or deception. But at the end of the day, just go and check the mail room on a Thursday afternoon and you shouldn't have any problems.
Pretty much any time a contractual, statutory or case law precedent uses the word &quot;reasonable&quot; what it means is that the decision regarding what is and is not reasonable is vested in the trier of fact (i.e. the judge in a U.K. landlord-tenant case) to decide on a case by case basis in light of all of the facts and circumstances presented at trial, rather something to be decided as a matter of law by an appellate court absent of extreme abuse of discretion by the judge in determining what is reasonable. Put yourself in the judge's shoes and consider the range of opinion that people who are judges in a case like this might have, and you have your answer. A reasonable amount of time balances out factors like the availability of repair contractors at a reasonable price, the magnitude of the repair, and the extent to which the repair impairs the habitability of the premises, and assumes a time frame that would apply if the landlord is diligent and trying to solve the problem in good faith. A reasonable time to fix a broken heating element is different in July than in January. If three different inspectors failed to determine the cause of the problem, that is going to work in favor of the landlord for a longer period of time. So will the significant extent of the damage (apparently). On the other hand, the fact that the repair rendered the premises completely uninhabitable argues for a shorter time period. Starting late to address an urgent problem could be breach, although it doesn't sound like this has happened here if some action has been taken that would seem to be reasonable under the circumstances and the results have been inconclusive about what to do. Unnecessary foot dragging could also be a fact in reasonableness, because ultimately the duty is to get the job done. There may also be a parallel duty of the landlord to provide a habitable premises and to compensate you for time when this is not provided, in addition to the duty to repair within a reasonable time. Asking to be paid for alternative accommodations while diagnosis and repairs are underway would be a logical demand to make before suing for a fairly small dollar amount in an ongoing lease. You would probably focus on failure to repair in a reasonable time more if you seek to terminate the lease entirely and rent elsewhere instead in the face of repair delays, hoping to avoid the duty to pay rent for the remainder of the lease term due to the landlord's breach of the duty to repair under the lease.
I would presume that this is legal (without researching the laws in Cali. or Texas). Their contract is an offer to enter into an agreement. You accept that offer by signing. Their pre-requisite for that offer is that you pay the nonrefundable application fee. In other words, they are refusing to make you an offer until you pay a set fee. Now the degree of negotiability, among other factors, would go into determining whether the contract is fully enforceable. I did a little bit of research. (Please note that this is not legal advice. If this applies to a current situation, seek the advice of an attorney licensed to practice in your jurisdiction.) There does not seem to be any indication that the landlord needs to provide a sample lease to you before s/he decides that you are an eligible applicant. The application fee is not a contract to rent the premises; it is an application to be considered a tenant. Pro-Business Perspective: Why would I (the landlord) waste my time going over an application with someone and show them a model unit if they are not even eligible to rent from me? I have better things to do. Pro-Consumer Perspective: Why waste my time and money if I refuse non-negotiable terms in a lease? The application fee is capped in California and must be used to cover screening costs or refunded if not used. The likelihood of success in a claim regarding this might be indicated by the California Dept. of Consumer Affairs: "If you don't like the landlord's policy on application screening fees, you may want to look for another rental unit. If you decide to pay the application screening fee, any agreement regarding a refund should be in writing." It is important to note that you can always try to negotiate with the landlord. Personally, every lease I have had I have negotiated to get more favorable terms. You, as a tenant, have every right to try to negotiate, and should use that right.