Rental company: waive your rights, or move.

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zerofournine

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My wife and I rent a house from a rental management company. Our lease is up at the end of November. We received a one page, renewal contract in the mail that would have to be signed to renew our lease for another year. Everything appeared to be standard, except for the following language added to our lease...

You consent to allow any law enforcement agency, including the presence of police dogs under the control of law enforcement personnel, to search your property at any time.

Needless to say, I was shocked. My wife and I both hold professional licenses in healthcare. My wife is completing a masters degree in pediatric nursing. Neither of us has a criminal record of any kind above a simple speeding ticket. We are both actively involved in shooting as a hobby, and have a private club membership at a shooting range. We are both pursuing concealed carry certificates, something we would not be able to do if we were criminals.

Aside from how disgusted I am at being asked to sign away my constitutional right against illegal search, am I overreacting? I envision some nightmare scenario where the management company requests a search of my property and I am not home to remove my dogs from the house while they search. They could shoot my dogs. I also don't like the idea of someone opening my gun cabinet when I am not around. What if they accidentally shoot themselves with my gun. Am I liable at that point? The mind quickly spins out of control imagining all kinds of scenarios such as these. Would any of them ever happen? Not likely. But who knows?

I wrote a letter to the management company, expressing my desire to alter the renewal contract to take out the language regarding police searches without a warrant. I included the signed contract with the offending passage crossed out. I received a letter back today. Here is my favorite quote from the management company letter...

"Certainly, you have the right to refuse entry into your residence by any police agency should you choose. It appears, however, that if you have nothing to be concerned about them finding, you would not object to a search."

My wife and I are now actively searching for a new place to rent. I am frustrated that we have to pay an extra month's rent to merge into a new property just before the holidays. My wife is already stressed out with full time work, full time school and clinical hours this semester. I feel bad for her, but she understands the principal behind refusing to sign the contract.

I am beyond exhausted at the mentality of many of the people in America these days.
 
definitely time to move. I'm not even sure that contract is legal. I would post that to a few community forums and point out that the company is anti-constitution. After I moved....
 
I can't see how the contract is legal either. They need a court order to search your property. You have legal rights, I don't think you can be coerced into signing them away because someone puts something on a piece of paper. This needs to be bought to the attention to the media especially your local 'TV consumer' reporter.

This kind of reminds me of a recent thread where some management company proposed to ban legal firearms at a apartment complex somewhere in Colorado. It got a lot of media attention and a lot of negative publicity and the proposal was dropped.

Consult a lawyer and good luck.
 
There is another professional you should consult, attorney.
 
I don't see the need for a attorney.

The contract is between two private parties negotiating a deal.You have objected to and removed the clause you disagreed with. Since you signed the contract it is up to the rental company to either accept or reject your counter offer.

If they accept it then you are on the hook for renting for another year.

If they reject it move.

BUT before you sign a rental agreement for another place to live get it in writing from your current landlord that they are not renewing your contract otherwise you will be on the hook for paying rent on two places.
 
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Scratch out the "at any time" and replace with "with proper warrant" which I see you did.

Beyond that, did they refuse to renew the lease or just get snarky? If the change was accepted go ahead and stay another lease period and be ready to move on your own terms. If not renewed, you are moving.

I have no idea what rights you can sign away like that and if such a clause is valid in your state. It doesn't much matter at this point if they aren't going to renew the lease.
 
They left a message this afternoon stating that the lease renewal I signed and altered was invalid. We saved the message should they later decide to say they have a signed lease agreement.

We are going to move. Even if we successfully challenged them, I think this is just the first of a long line of frustrations this company could pile on our heads.
 
The government agencies listen to our phone calls, monitor internet use and record origin of mail we receive and send so this is not shocking at all. When you sign that it's same as inviting cops into your dwelling.
 
I'm with you on the need for a move - not because of the search clause, but because they were jerks about it.

But I believe that any police officer that saw that "permission" clause would also say no. Your rental company doesn't have standing to allow a search of your home - rented or not. And any reasonably awake officer would want to see either a consent to search from all the residents, or a judicially authorized search warrant before coming in.
 
I would see if the local news was interested in it. If they aren't, I would post this anywhere you can with the name and phone number of the company (I'm sure any type of pro-freedom type of forum would have some members interested in letting them know what they think of that nonsense). After they get some unwanted attention they might change their tune. They sound like a bunch of jerks to me.
 
"Certainly, you have the right to refuse entry into your residence by any police agency should you choose. It appears, however, that if you have nothing to be concerned about them finding, you would not object to a search."

Absolutely infuriating, shortsighted, and ignorant.
 
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