My apartments say I cant hangout in my garage... Can I fight this?

Question

Hello. 

I live in the Dallas Texas area... I have been living in my apartments for about 6 months on a 12 month lease and have always been a good tenant...

I go out to my garage for about an hour to one and a half hours per night to smoke cigars... I don't like to smoke inside my apartments with my kids there etc, and I don't like sitting outside getting eaten by bugs, so I go to my garage... I don't do anything loud, or anything that would disturb anybody else... 

Yesterday I got a letter on my door stating that I was violating my lease because "somebody is living in garage 39"... 

I went down there today to straighten it out, I told them what I had been doing in my garage, and assured them that nobody was living there...

They told me that garages were to be used as car storage only... I told them that was BS and that I hadn't violated my lease in any way... They printed out the lease and highlighted some stuff pertaining to garages and my supposed violations...

But the things they highlighted were 
1. Garages cant be used as "storage units"... - Everybody in the apartments uses their garage for storage on some level, and the items I'm storing are minimal... I can still easily fit my car in there..
2. Garages cant be used for "commercial or industrial purposes" - No issue with that either...
3. Disturbance - I'm very quiet and you would never know that I'm in my garage if you didn't see me go in... I do use a radio out there, but I have tested it at the volume I use it at, and it can not be heard even when you're right up against the door...

They say that the disturbance occurred when one of my neighbors reported that somebody was living in there, and that constitutes a "disturbance"... 

This pisses me off! I feel that my rights are being violated...

PLEASE HELP... What can I do????????????????????????

Herfnerd · Accepted Answer

There is nothing in the lease that stated you cannot hang out and smoke your cigars - just continue doing it.....

mikeamadison@sbcglobal.net · Answer

My condo association constantly told me that my tenants were creating all kinds of problems but would not give me the name of the person doing the complaining. I figured out there was no such person. I then told the manager if this persisted I would go to court to get an order of discovery, to force them to give me the persons' name. And if there was no such person I was going to bring a civil rights lawsuit against them. (my tenants are black) Never heard another word out of them. I speculate in your case there is no complainant, they simply do not want you smoking in the garage, and cannot figure out a way to stop you.

David S · Answer

Whoever reported it was mistaken. It sounds like the apartment manager was just checking into it. Don't worry about being evicted. It takes a lot more than "we think someone may be living in your garage."

If they want proof, invite them in, show them around, and be done with it.

Anonymous · Answer

If they are a national company, file a complaint with corporate.
Write a very professional letter, saying how unprofessional the staff there is.

tash · Answer

Go to ur solisitor (sp)...ur in the right here!

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My apartments say I cant hangout in my garage... Can I fight this?

5 Answers