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Can apartments fine you if it's not in the lease?

taliosfalcontaliosfalcon Registered User regular
edited February 2011 in Help / Advice Forum
Alright, to explain the situation:
in canada(alberta to be specific) i've been living in a rental apartment for 6 months, i received a letter that last weekend I attempted to enter the wrong apartment (302 instead of 301) while slightly inebriated, i tried 302 once, realized i was wrong then went to the right apartment,, in the letter it states that if it happens again I will be fined since it's apparently scary that someone could try to enter the wrong unit in a secured apartment(their words, not mine), and it states that the police were contacted after my one wrong attempt, my lease/rental agreement which i've since re-read doesn't mention anything about the possibility of fines, while I don't see it happening again since i very, very rarely drink that much, or drink at all period, can they actually fine me ,or at worst end my lease early in case of similar offenses?
I find the whole thing extremely silly since I have people incorrectly attempting to enter my apartment once every couple of weeks, but i'd like to be clear on the legalities before calling the building manager out on it, which in my understanding right now is they can do nothing since i've been a model tenant up until this point.

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    DocDoc Registered User, ClubPA regular
    edited February 2011
    They're just trying to scare you into not doing it again.

    Don't do it again, and it won't be a thing.

    Doc on
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    ComahawkComahawk Registered User regular
    edited February 2011
    Yeah, if you don't plan on repeating this, or making a habit of it, there is no issue. Starting shit with your building manager will only give him a reason to single you out as an enemy. Building managers can be petty, also, if you are causing shit for him, he will likely try to remove you and thus make his job easier.

    Comahawk on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Well i'm not that scared of the building manager since I don't plan on living here for more than six months tops when my current lease runs out, and honestly if they terminated my lease early it would actually work out better for me, but I suppose keeping my head down makes sense. It just seemed like such a ridiculous compaint I was at a loss for words.

    taliosfalcon on
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    RaneadosRaneados police apologist you shouldn't have been there, obviouslyRegistered User regular
    edited February 2011
    well think about if you were some young girl or guy at home and someone suddenly tries to get in your front door at midnight

    the handle rattling

    scratching at the lock

    mumbling like a crazy person

    it happens, they probably could terminate your lease over something like that, especially if it happens more than once or the complainer is vocal enough about it, although you'd have to check your lease for anything even remotely related (noise complaints, nuisance, etc) as well as local laws

    but yeah just realize what you did and keep your head down over it

    maybe go over there and apologize for scaring them enough to call the cops

    Raneados on
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    RikushixRikushix VancouverRegistered User regular
    edited February 2011
    If no one answered the door that you accidentally tried to open, how did they know it was you?

    Rikushix on
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    BeefjerkyBeefjerky Registered User regular
    edited February 2011
    honestly if they terminated my lease early it would actually work out better for me

    If you are in a lease this would not work out for you. The only reason they would do that is because of a breach caused by you, in which case you still have to pay your rent to them for all the remainder months of the lease in addition to being evicted.

    It is possible for them to track you down if you just pack up and leave as well, which really sucks because if they take it to court and if the courts rule in favor of management then they garnish around 30% of your wages if you are working or start working anywhere.

    So I agree with everyone else about keeping your head down, just simply don't do it again and don't start anything.

    Beefjerky on
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    DeciusDecius I'm old! I'm fat! I'M BLUE!Registered User regular
    edited February 2011
    In addition to some of the advice here, I'd strongly recommend contacting Service Alberta and talking to the Landlord and Tenant board. They will be able to tell you exactly what your rights and expectations are here.

    The number is 310-0000

    I don't know if you need 780 in front of that

    Decius on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Rikushix wrote: »
    If no one answered the door that you accidentally tried to open, how did they know it was you?

    Apparently after receiving the complaint they went and looked at the security camera footage of the front door and saw I was the last one to enter the building, which, once more falls back on me going "wahh?" that they would take the time to do that for something so trivial, but I guess i'll just put it down to this building being crazy and move on on my first opportunity

    taliosfalcon on
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    Gilbert0Gilbert0 North of SeattleRegistered User regular
    edited February 2011
    Rikushix wrote: »
    If no one answered the door that you accidentally tried to open, how did they know it was you?

    Apparently after receiving the complaint they went and looked at the security camera footage of the front door and saw I was the last one to enter the building, which, once more falls back on me going "wahh?" that they would take the time to do that for something so trivial, but I guess i'll just put it down to this building being crazy and move on on my first opportunity

    While it's a trivial mistake, to the person who lives there it can be scary. Especailly since you said it was night and you were drunk.

    You have someone unknown, trying to get into an apartment. Say a bugler got into the building and trying EVERY door, to see if one is open to try and steal stuff. That's why they are making the big deal out of it.

    My fiance and I have been living in our apartment and we get that once every 3-4 months but we've never told anyone. It's usually someone realizing they are on the wrong floor. Every floor looks exactly the same.

    Apologize and say it won't happen again and be careful when you come home.

    Gilbert0 on
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    RikushixRikushix VancouverRegistered User regular
    edited February 2011
    Yeah, it's understandable that it could be a scary occurrence. That being said I think that's a stupid thing to be fined over.

    I have been in your shoes, however. I was in Victoria celebrating a friend's birthday at a club and went back to her apartment with her keys to crash (right across the street from the club). I was fairly smashed; went up to her door and tried opening it. No luck. I must have fumbled with that damn key for two or three minutes before an annoyed female voice called out from within "Wrong room!"

    It was only then that I realized that there were two symmetrical wings to the apartment building that had the exact same numbering system and I had gone up the wrong set of stairs. Even in my inebriated state I was downright mortified.

    I kinda wish I could go back and apologize to that woman.

    Rikushix on
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    Bionic MonkeyBionic Monkey Registered User, ClubPA regular
    edited February 2011
    Yeah, just keep your head down for the remainder of your lease, and it shouldn't be an issue.

    I'd also recommend going over to 302 and introducing yourself. Tell them exactly what you've said here: you don't make a habit of getting that drunk, this was an isolated incident, and you're really sorry for freaking them out.

    Bionic Monkey on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Yeah, just keep your head down for the remainder of your lease, and it shouldn't be an issue.

    I'd also recommend going over to 302 and introducing yourself. Tell them exactly what you've said here: you don't make a habit of getting that drunk, this was an isolated incident, and you're really sorry for freaking them out.
    I *kind* of know them, mainly because they have pretty loud parties quite often and i've asked them to tone it down on occasion, which is kinda why this whole not even saying wrong room through door and apparently calling the police instantly was a bit O_o. I'm tempted to kind of escalate things and start calling in noise complaints now instead of being nice about it.

    I'm going to follow the advice in this thread and keep my head down, but man i'm not going to go nearly as out of my way to be a good neighbor like I did before.

    taliosfalcon on
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    WillethWilleth Registered User regular
    edited February 2011
    Yeah, just keep your head down for the remainder of your lease, and it shouldn't be an issue.

    I'd also recommend going over to 302 and introducing yourself. Tell them exactly what you've said here: you don't make a habit of getting that drunk, this was an isolated incident, and you're really sorry for freaking them out.
    I *kind* of know them, mainly because they have pretty loud parties quite often and i've asked them to tone it down on occasion, which is kinda why this whole not even saying wrong room through door and apparently calling the police instantly was a bit O_o. I'm tempted to kind of escalate things and start calling in noise complaints now instead of being nice about it.

    I'm going to follow the advice in this thread and keep my head down, but man i'm not going to go nearly as out of my way to be a good neighbor like I did before.

    Filing noise complaints in retaliation doesn't seem like the way to go. Go round, apologise, job done.

    Willeth on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Willeth wrote: »
    Yeah, just keep your head down for the remainder of your lease, and it shouldn't be an issue.

    I'd also recommend going over to 302 and introducing yourself. Tell them exactly what you've said here: you don't make a habit of getting that drunk, this was an isolated incident, and you're really sorry for freaking them out.
    I *kind* of know them, mainly because they have pretty loud parties quite often and i've asked them to tone it down on occasion, which is kinda why this whole not even saying wrong room through door and apparently calling the police instantly was a bit O_o. I'm tempted to kind of escalate things and start calling in noise complaints now instead of being nice about it.

    I'm going to follow the advice in this thread and keep my head down, but man i'm not going to go nearly as out of my way to be a good neighbor like I did before.

    Filing noise complaints in retaliation doesn't seem like the way to go. Go round, apologise, job done.
    well, if they're making noise enough for it be a complaint, in the past i'd have gotten up, gotten dressed, gone over and asked them nicely to turn it down, from now on I really see no reason to go through the trouble of doing that when I can just make a phone call to the building noise patrol

    taliosfalcon on
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    WillethWilleth Registered User regular
    edited February 2011
    That's childish as hell. They didn't call the management on you, they called becaue they had someone trying to get into their apartment late at night, which is a perfectly legitimate thing to do.

    Willeth on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Willeth wrote: »
    That's childish as hell. They didn't call the management on you, they called becaue they had someone trying to get into their apartment late at night, which is a perfectly legitimate thing to do.

    Alright, that's one of the reasons I made the thread, to see if other people agreed that this was a legitimate viewpoint, and you seem to, so case closed. I'm still a bit baffled because it's a very regular occurrence in apartments, and I don't see someone trying a key in my apartment as odd at all due to this but i'll go along with it, since everyone else has said the opposite I have no choice but to knowledge my viewpoint as wrong :(

    edit: also to be clear, the reason I was thinking about calling in when they are thumping away in the middle of the night was it seemed so ridiculous to me I was almost convinced they'd just called in to complain as kind of a revenge because I was asking them to tune it down so frequently. But going from the feedback here that doesn't seem likely to be the case so oh well, guess i'll let it go

    taliosfalcon on
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    FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    edited February 2011
    Luckily, the housing laws in Canada aren't straight out of the 12th Century, like some people in this thread seem to think.

    You can not be evicted from your apartment for mistakenly trying to open your neighbour's door. You also can't be evicted for coming home drunk.

    You have two responsibilities as a tenant: obey the law, and obey the rules set out in your rental agreement. If there is no clause in there that says, "two strikes jiggling the wrong door handle and you're out," you're okay.

    Landlords/property managers often get a little power hungry, and they're also used to dealing with some of the worst people you'll ever meet (varies by area, but still). Put those two together, and you have a person threatening you with things they couldn't dream of following through with just to "fix" a simple situation.

    Your landlord was misguided in sending you that notice when you've had no problems with the building management in the past. Further, there really is nothing they can do about this if it happens again. They can call the police, but the police aren't likely to get involved.

    Again, unless there is a clause in your rental agreement about this, I wouldn't worry. Just keep on keeping on. And preemptively: I really doubt jiggling the wrong door handle falls very firmly under "disturbing the peace." People make mistakes, and this one was harmless.

    Willeth wrote: »
    That's childish as hell. They didn't call the management on you, they called becaue they had someone trying to get into their apartment late at night, which is a perfectly legitimate thing to do.

    So, did the tenants call the police? It would make sense that the police would tell management to check the security cameras to see if anyone suspicious was in the building. It is retarded as hell if the management saw that it was their neighbour last, stumbling home, and that's when they decided it would be dandy to send a warning letter. There is no law/rule about trying to open the wrong door by mistake. This is a ridiculous reaction by the property management.

    Figgy on
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    DeciusDecius I'm old! I'm fat! I'M BLUE!Registered User regular
    edited February 2011
    I would like to echo this suggestion.
    Decius wrote: »
    In addition to some of the advice here, I'd strongly recommend contacting Service Alberta and talking to the Landlord and Tenant board. They will be able to tell you exactly what your rights and expectations are here.

    The number is 310-0000

    I don't know if you need 780 in front of that

    They've been helpful to me in the past.

    Decius on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Yeah thanks, i'll give them a call tomorrow to see, while I don't expect to have any further problems I would definitely now like to know what the possibilities are.

    taliosfalcon on
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    amateurhouramateurhour One day I'll be professionalhour The woods somewhere in TennesseeRegistered User regular
    edited February 2011
    Just to add my .02 this actually happened to my wife recently.

    It was three in the morning and some drunken idiot tried to forcibly get into our apartment while she was asleep on the couch. She ran into the bedroom to wake me up and was pretty freaked out by it.

    It's happened again once since then. We found out it was some airhead girl that likes to get blitzed and then hook up with her boyfriend/booty call late and night and can't remember which apartment he lives in.

    It's a settled situation now, but it legitimately freaked her out when it happened, because the girl didn't knock, she just ran up the stairs and started trying to open the door and key in...

    amateurhour on
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    bowenbowen How you doin'? Registered User regular
    edited February 2011
    Do you have a clause in your rental agreement that says they can fine you for trying to enter the wrong apartment? No? Okay.

    Do they have proof it was you trying to enter that apartment? No? Okay. Just because you entered the building doesn't mean shit. For all they know your upstairs neighbor went down the flight of stairs and tried to get into the apartment to get his rape on.

    Don't even worry about it. If it escalates and he tries to fine you, take him to court.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    Disco11Disco11 Registered User regular
    edited February 2011
    Yeah thanks, i'll give them a call tomorrow to see, while I don't expect to have any further problems I would definitely now like to know what the possibilities are.

    Just curious, since I rent from a rent from a management company, do you know the name of who runs the building?

    Disco11 on
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    iRevertiRevert Tactical Martha Stewart Registered User regular
    edited February 2011
    Yeah thanks, i'll give them a call tomorrow to see, while I don't expect to have any further problems I would definitely now like to know what the possibilities are.

    After everything thats been said in here I want to add my two cents.

    1) Don't be a douche about things, you made a mistake and simply sending an apology to the people next door and to the landlord/manager is a welcome gesture. Just like whats been said it was a one time thing and your embarrassed that this happened and your sorry if your alarmed anyone..etc..etc.

    2) Don't be petty and start things with the landlord, and don't try to get them to toss you out by terminating you lease. Other apartments want references of where you've lived so they can call and see how you were, if they hear you were a troublemaker they can refuse service to you (not rent to you). This can screw up things for you down the road.

    3) If the people next door are having loud parties after "quiet time" (usually 10pm) you have every right in the world to complain about it to the landlord, I'd just hold off making any complaints for a few weeks else it seem that your being petty and starting things with them as payback for this.

    You made a mistake its as simple as that and they are trying to make a point to you as keep in mind...the landlord doesn't know your personality from the guy whos sitting in the bus stop over on 12th street. They sent out a letter to let you know that that type of behavior isn't appreciated or tolerated there.

    The thing I'm taking from that letter is that you could be fined, it doesn't say by them...I mean it could be from the police, such as a drunk in public fine/citation.

    To be quite honest with you after living in a very shady part of LA for a short period of time before finding a better place to live the fact that your landlord gives enough of a crap about this type of thing is a good thing. To you it might seem like its a big deal, but basically they're just reading you the riot act and giving themselves some coverage if this continues so they can say "we gave him a written warning" and show a copy of that.

    TL;DR - You made a mistake, apologize to landlord and people next door. Live out the rest of your lease quietly and uneventfully so you have a good housing reference in the future.

    iRevert on
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    bowenbowen How you doin'? Registered User regular
    edited February 2011
    We don't even know it was him the letter was about, honestly. For all we know, like I said, the guy upstairs made his way down to try and open the door. And for all we know it was coincidental that OP tried to go into the door too.

    In this situation, ignore the letter, obviously hold onto it. If you really want to you can bring up your concerns, in a non-dick-like fashion if possible.

    It's highly unlikely anyone else tried to do it, but don't roll over and admit guilt and start apologizing just because they have a video of you entering the building.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    ceresceres When the last moon is cast over the last star of morning And the future has past without even a last desperate warningRegistered User, Moderator mod
    edited February 2011
    I think it's a little ridiculous to be fined over. Okay, a lot ridiculous. I have been on both sides of this story; it's just something silly that happens and afterward you go "whoops", look sheepish, and find the right door. The only time I was ever really freaked out by it was one time when I was home and the door was unlocked, and our neighbor actually walked into my apartment looking very confused. I got up, said "Yes?" and glared at him until he stopped looking embarrassed long enough to leave. Then I started locking my door when I was home. :P

    Also, I hope that video is properly timestamped, because video footage of you entering the building you live in isn't exactly watertight otherwise.

    Anyway, none of that has anything to do with whether or not they can actually fine you, nor does about 3/4 of the rest of the advice in this thread. I don't think it's reasonable, but I don't know what it says on your lease. The best thing you can do is get it out and call the number mentioned above.

    ceres on
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    bowenbowen How you doin'? Registered User regular
    edited February 2011
    Ceres put it much more eloquently than I did.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    The Crowing OneThe Crowing One Registered User regular
    edited February 2011
    Figgy wrote: »
    Luckily, the housing laws in Canada aren't straight out of the 12th Century, like some people in this thread seem to think.

    You can not be evicted from your apartment for mistakenly trying to open your neighbour's door. You also can't be evicted for coming home drunk.

    You have two responsibilities as a tenant: obey the law, and obey the rules set out in your rental agreement. If there is no clause in there that says, "two strikes jiggling the wrong door handle and you're out," you're okay.

    Landlords/property managers often get a little power hungry, and they're also used to dealing with some of the worst people you'll ever meet (varies by area, but still). Put those two together, and you have a person threatening you with things they couldn't dream of following through with just to "fix" a simple situation.

    Your landlord was misguided in sending you that notice when you've had no problems with the building management in the past. Further, there really is nothing they can do about this if it happens again. They can call the police, but the police aren't likely to get involved.

    Again, unless there is a clause in your rental agreement about this, I wouldn't worry. Just keep on keeping on. And preemptively: I really doubt jiggling the wrong door handle falls very firmly under "disturbing the peace." People make mistakes, and this one was harmless.
    Willeth wrote: »
    That's childish as hell. They didn't call the management on you, they called becaue they had someone trying to get into their apartment late at night, which is a perfectly legitimate thing to do.

    So, did the tenants call the police? It would make sense that the police would tell management to check the security cameras to see if anyone suspicious was in the building. It is retarded as hell if the management saw that it was their neighbour last, stumbling home, and that's when they decided it would be dandy to send a warning letter. There is no law/rule about trying to open the wrong door by mistake. This is a ridiculous reaction by the property management.

    I'm with Figgy, here. The whole thing seems ridiculous. I would assume that this is the sort of thing that absolutely happens somewhere in the world at pretty much any given time.

    I'd also be interested in who called in the incident, because if it was your neighbor and they did know it was you, you'll want to probably start a paper-trail. I find this sort of vindictive behavior to be unlikely, but if it is the case and they have shown that they are willing/wanting to call the police on you for something like this, you're probably better off lodging formal complaints about their noise levels or at least keeping a log of any time you have to ask them to turn it down.

    "Keeping your head down" is good advice, but you don't want to screw yourself by never telling your side of the story. Again, I'm not advocating "picking a fight", just covering your behind. In any case, vindictiveness on the part of your neighbors is probably a very slim chance.

    The Crowing One on
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    FiggyFiggy Fighter of the night man Champion of the sunRegistered User regular
    edited February 2011
    It sounds more like they called the cops and the cops called the apartment manager. They were likely looking for potential burglers the entire time, since it's pretty common for burglers to just go down a hallway and jiggle handles until one opens.

    Still, threatening with a fine is stupid and likely unenforceable.

    Figgy on
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    DocDoc Registered User, ClubPA regular
    edited February 2011
    Jesus H. Christ, talk about drama queens making mountains out of mole-hills.

    Just ignore the fucking thing, and try to be more careful about which apartment you try to go into.

    Doc on
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    taliosfalcontaliosfalcon Registered User regular
    edited February 2011
    Just as an update I did call the service alberta tenant board decius linked on the front page and they basically told me "nothing they can do to you unless it starts happening every week for a few months on end so ignore them" and that the letter was bullshit so, hurray

    taliosfalcon on
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