Apartment Advice in NH - Landlord

[Kevinakaq]

About a week ago I had a maintenance man in my apartment repairing the bathroom tile. I was at work and used my live video camera and to watch when he entered my apartment. I saw him wash his hands and then say "what the hell" when he saw my reloading bench. He came closer and looked my press/bench over and then went back to work. Fast forward to tonight and I received a phone call from my landlord asking me if I was in the commercial business reloading etc. because her brother-in-law saw my reloading equipment in my apartment (I anticipated this though it took a week to manifest). I let her know that everything I was doing was in compliance with New Hampshire laws and was very curt on details as I personally consider it none of her business. She asked me about gun powder etc. to which I was very offended to even being asked and replied again I was in compliance with NH laws. She also stated it was very unusual for people in her apartment to be engaged in reloading....all red flags, and all offensive. I know many will say why weren't you there or why didn't you cover your equipment, but my thoughts were if I am not doing anything wrong/illegal why should I hide my hobby? If I played hockey should I cover my sticks as they could be perceived as a violent weapon?

Rewind to a week ago when I was at work and my girlfriend (Kenyan - Masai) was leaving my apartment and was questioned as to whether she belonged there or not by the same landlord. My GF replied that she lived here in a defense mechanism to which I quickly got a phone call about from my landlord. My landlord accused me of having a second person in my apartment without getting her approval. I quickly told her I feel like I was being ambushed and I did not have a second person living in my apartment which was completely true. I can only imagine leaving an apartment without the actual person living there present and being interrogated and how I would reply. In short, for two and a half years I have been an ideal tenant without a single maintenance call (i do everything myself) or complaint and all bills paid on time. Yet within the last two weeks I have been called up twice for things that don't seem to be any of my landlords business. Seems like southern NH is being overrun by MA idealogy. I could easily find another place but this doesn't sit right with me and I am not one to easily duck and roll when I feel my rights are being infringed. I am a very private person and frankly I am feeling extremly imposed upon at this moment - which pi@$es me off. I do believe tomorrow morning I will type up an email and let my landlord know how I feel in a very 'documented' sense. Thoughts?

Thanks in advance and please forgive as I am a bit perturbed as I type this,
Kev

[GhostHawk]

Get out, whats more get out of the area. Find a more gun friendly state.

If you are paying the rent, that space is YOURS. As long as what you are doing is not violating any laws they have no business asking. If they really thought you were in violation they would have called the police on you.

But, you are living in the wrong place. Get out.

You are tarred now, your reputation is shredded. You will not be considered trust worthy.
People will go out of their way to do you dirty. Get out.

I suspect that if you contacted a good lawyer you have more than enough grounds already for walking away from any lease. You may want to call one, depending on your situation.

Good luck.

[starmac]

I would either just hold up, or ask if there was a problem.
She ask if you were running a commercial reloading business, it seems she is not much worried by your hobby. Many (most residential areas) have laws anymore for commercial businesses, may be what her questions were about.
Probably any landlord would be curious who was leaveing your apartment during hours you are known to work, think about it, it wasn't too bright for her to answer that she lived there, as most leases have the occupants names on them and most can not be subleased.

[GoodOlBoy]

Yeah you are in New Hampshire...... might as well be in New York, Kalifornistan, or Austin.... Long and short is you are sol. Doesn't matter if what you are doing is legal, not legal, etc. They are going to cause you grief and headaches from now on, and it sounds like they are going to do it in a manner which is legal for them. Yes you can take umbridge and give them legal grief and headaches back, or you can move on. Eventually the escalation on both sides is going to get tiring, and they will find an excuse to get rid of you legally. I would suggest south of the manson-nixon line, but that's just me.

God Bless, and One Love. (and good luck)

GoodOlBoy

[mummer1973]

Not to stir the pot or make your situation worse. If he was working on your bathroom where was the reloader? Next to the toilet? I must tell you guys that although i do not know NH law on rentals. She possibly could force him out for the gun powder. Especially if it is a multi unit building. I would make sure you have a place to go. And dont stir the hornets nest till you get your deposit back. That is why i dont rent. When i went thru divorce i fought to keep the house. Landlords think they own the right to pry in your business and tell you what to do. My advice cover your bases first. Then let them know how you feel.

[mummer1973]

Oh and whatever you do dont ask them for a reference. If they have it out for you. i wouldnt put it past them to let the next landlord know what your hobby is.

[SteveS]

Renting an apartment is a business transaction and the lease is the contract. I'd take the lease to a good lawyer and get his opinion of the situation.

Every lease or rental agreement I've seen forbids any kind of commercial business and it seems that is what your landlord was asking about.

NH is as gun friendly a state as any you'll find and from the sound of things the LL didn't even mention guns. Running a business and powder storage seems to be the issue. That's reasonable. Don't turn it into something it's not.

btw, I wouldn't let your girlfriend get anywhere near your place for a couple of months.

[Jeff Michel]

If you are paying the rent, that space is YOURS. As long as what you are doing is not violating any laws they have no business asking. If they really thought you were in violation they would have called the police on you.

Not exactly........ True, the apartment is your's to use as a living space. It is within the landlords right to ask questions, just like it's within their right to conduct periodic inspections of the premises (24 hour notice unless there is an emergency, e.g. broken water line.) A landlord's, like a Tenant's rights vary from state to state. Speaking to Ohio law, If there is specific prohibitions spelled out in your rental agreement, you are required to adhere to them or face eviction. If there is people living at your address that are not identified on the rental agreement, they are squatters. If you and your girl friend get in a tiff and you move out, she stays in the apartment and she is not on the rental agreement, it become very difficult to evict that person from the building. I have rental properties, I have specific prohibitions identified in my rental agreement, such as illegal drug usage by you or any of your guests. (A guest is anyone visiting for a time period not to exceed two weeks) after that, they leave or they go on the rental agreement. I do not allow dogs in the apartment building but cats are fine. (these are also identified on the lease) Dogs and cats and any other livestock is permitted at any house. So requirements may vary. I would suggest that you read your lease carefully for any specified prohibitions. At last count, I have 38 tenants and I seriously doubt if two of them have read the rental agreement. At least they always seem surprised when I get after them for doing something that is spelled out as unacceptable. If I were to guess what your landlord is thinking,
It's likely an insurance issue. You would go numb if you knew how much insurance cost for an apartment building. The policy for my apartment building is over 75 pages of do's and don'ts, mostly don'ts. Were I you, I would arrange a sit down meeting with your landlord, have them ask questions, answer them truthfully, put their fears to rest, if they have any. It's quite possible that it may be a lack of understanding on their part. If you show them and explain what your hobby is and what it entails, it will go quite a ways to defuse any potential misunderstandings. On the other hand, if there is a specific prohibition about storage of propellants (insurance) you are just plain out of luck. What may appear as an unreasonable stance by your landlord might be beyond their ability to have a choice in the matter. It isn't worth it to jeopardize your business just so a tenant can do something prohibited by their insurance carrier. Do not become defensive or threaten some sort of legal action unless it's warranted. You want to solve a problem, not create new ones. You mention lawyer to me and I immediately change my perception of how the conversation is headed. Most people don't appreciate being threatened and I'm no different. I know my rights under the law and I'm will to bet your Landlord does as well. It's also good to remember that a lease can be altered when it comes up for renewal, make sure you read it and understand it and also become familiar with your rights as a tenant. You have rights, but so does the Landlord. If you find out that your rights are being impacted negatively, share your concerns with he or she, they may not be aware of it. If you get no cooperation, then it's legal time.
Good luck

[toallmy]

Well stated ^^^^^^^ probably best to relax a bit before contacting your landlord . You should consider the landlord's concerns , and with a level head be willing to talk to them about your hobbies .

[Ballistics in Scotland]

Rewind to a week ago when I was at work and my girlfriend (Kenyan - Masai) was leaving my apartment and was questioned as to whether she belonged there or not by the same landlord. My GF replied that she lived here in a defense mechanism to which I quickly got a phone call about from my landlord. My landlord accused me of having a second person in my apartment without getting her approval. I quickly told her I feel like I was being ambushed and I did not have a second person living in my apartment which was completely true.

This reads like she said untruthfully that she lived there, which would excite natural suspicions in anybody. A perfectly innocent explanation, on her part, is that she was asked or told about belonging in the country or the neighbourhood, or just thought she was. I don't think moving to a state friendlier to guns is going to improve on that one.

Not wanting business use, if zoning and property taxes are residential, seems fair enough. Trying to convince her that modern powder is safer than many common solvents, because it doesn't come climbing out of the bottle looking for trouble, is a bit much like getting involved in things that are none of her business. Does the lease actually say only one person can live in the apartment? If they don't expect girlfriends or boyfriends to be there quite a bit of the time, and even have a key, they need to start renting to something other than homo sapiens.

It does make a lot of sense, though, to have lockable rooms if strangers of any kind are to be admitted in your absence. Quite apart from guns and loading, there are always other things you don't want to expose to this sort of person's sense of ethics.

[dragon813gt]

Yeah you are in New Hampshire...... might as well be in New York, Kalifornistan, or Austin....

You're joking, right? New Hampshire isn't even close to those states. By most metrics it's the freest state in the nation. The southern part seems to have issues w/ people from Mass moving in. But all states have issues like this.

[Plate plinker]

Unless you have a large quantity of powder and primers on hand they can pound sand.

I am just guessing since I do not know your contract or the laws of NH.

[Wayne Smith]

Good advice above. Whatever you do go intending to calm and explain, not challenge and defend. If you challenge and defend you trigger their defenses - and thus starts the argument when no one listens to the other. Keep listening and calmly answer her legitimate concerns.

[jonas302]

Landlords have rights and responsibilitys also if they didn't ask questions they wouldn't be doing there job to protect the property and other tenants put your self in there shoes and think about it a while

If your friend isn't on the lease she cant live there telling the landlord she does is not a good choice

Throwing a blanket over your bench would have been much smarter than watching the repair man on camera

[NSB]

Like most threads asking for legal advice on the internet, this one's all over the map. There have been a couple of pretty good "general, common sense" responses and then the barber shop lawyers jumped in and told you what they'd do and what your rights are....even when they don't live within a thousand miles of you. If you're really concerned about this and don't feel you're doing anything wrong, get a lawyer in your state and ask them. Then you'll KNOW. Free advice is worth exactly what you pay'd for it.

[DanishM1Garand]

I'm a landlord in Ohio. I can get charged with a zoning violation if you the tenant are running a business out of my house. Your home, my house.

If she isn't on the lease and is living there it can cause trouble. Had a parole notice on the fridge for someone not on my lease at on of my rentals. Her boyfriend was a convict on parole. I called the parole office about my address and he was getting his mail there. I confronted the tenant about this and he moved out. She had to pass a background check to rent. The lease called for a background check on every adult living there.

As as to the Free State remark made earlier, does your state have constitutional carry? NH does.

[ShooterAZ]

My advice...If you plan on staying in your state, look into buying a house. That way you do as you please in your own castle. The money you are paying for rent would most likely cover a monthly mortgage payment.

[OS OK]

Sorry for you that you have to rent...but...as far as the fight now over the loading gear...well...you brought that on yourself.

Enjoy the fight...bet you won't try this again.

[lead-1]

Talk to the landlord but tread lightly or the next visit may be from the police, "sir, someone feels threatened" and they relieve you of all your "scary items".

[snowwolfe]

Pretty simple, if you dont like the landlord rules then move to a different place.

[Tackleberry41]

There are 2 sides to every story. Some say well just move, because that's always so simple. All the deposits, packing your stuff up, finding a new place, etc, etc. Always lots of fun.

As stated, they asked about a 'commercial' business, usually a no no in anyplace I have ever rented. And with people who dont reload, they just assume its dangerous. And local laws vary alot on gun powder or how its stored. So there may well be some little known law about it. The landlord was simply being a landlord. If your neighbor was running a ***** house or selling drugs, you would want it dealt with. Commercial reloading, is a business. Maybe its resolved, maybe they are anti gun, only time will tell.

And a decent landlord would ask about a strange person coming out of your apartment when they know you are not there. Had they ignored it and you came home and found stuff missing, you would be ticked they didn't ask. Now your ticked they did ask. Then your girlfriend says 'I live here' something the landlord knows is not true as she isnt on the lease. Any decent landlord would want to know what was going on, it is their building. For all they know your subletting the place to 15 people.

All you can do is see what the landlord says. Some people who have been doing it a long time, they get real tired of dealing with stuff, its easier to kick someone out than deal with it. Or they have to worry about the legal issues. Again, get rid of the problem vs deal with it. Maybe expalin things and they go okay and everybody goes on with their lives. I have had some pretty bad landlords, one wanted me to keep paying rent on a place with a gaping hole in my ceiling after it collapsed from a roof leak. Lost a bathroom, but still wanted full rent, yea I don't think so. I would imagine if you asked them I was being completely unreasonable.

[Ballistics in Scotland]

There are 2 sides to every story. Some say well just move, because that's always so simple.

I do not mean to disagree by shortening your excellent advice. But moving out of an apartment or a state is especially simple when they are just talking about someone else doing it.

[bedbugbilly]

Let me reply form a "different angle". Every state has different laws and I have no idea of what they are in NH.

I do not have residential rent property, but i do have commercial rental property so I will just make some comments.

Reloading in the apartment . . . .

I am assuming you have a lease or do you rent month to month? If you have a lease, what are the terms of the lease? Does it have any coverage concerning hazardous materials and storage in the apartment? While I agree that what a person does in the space they rent is their business, if it is legal . . . i.e. not running a brothel, not running a commercial operation out of a multi-family or residential zoned premise, etc. - if the owner's "agent" . . . and in this case I'm assuming the repairman would be acting as her agent - certainly would have the right to report something if he observed it during the performance of his duties such as entering the apartment following the terms of the lease to perform maintenance work. To put a more drastic angle on it . . . if he entered the apartment to perform maintenance and saw a dead body on the floor, which of course would be a questionable situation - would he not report it?

If you check your lease, if you have one, it probably also has a clause that the owner retains the right to come in and inspect the premises within the terms of the lease - usually within 24 hours notice. If the owner exercised that right - your reloading equipment - if sitting in the open would certainly be observed and probably questioned - especially by someone who was not familiar with reloading, guns, etc.

As an example - while it is commercial rental that I have - my lease clearly states that no hazardous materials shall be stored or on the premises at any time - this includes storing gas, etc. and it also states that no motorcycles, cars, trucks, etc. shall be stored or worked on in the building.. Why you might ask? Simple - I had a tenant put a car int he building and set the building on fire (i.e. arson) trying to make it look like the car backfired starting the fire - all because he wanted out of the lease. All to the tune of over $65,000.00 worth of damage. So . . . as the landlord .. . these are my terms and if the tenant cannot follow them - then go somewhere else and don't lease or if they decide to lease and then not follow the rules - that's what an eviction notice is for.

While I sympathize with you situation - it also sounds like both you and the landlord may have reacted in a manner that could have been improved upon. Yes, some landlords can be hard to deal with but so can some tenants. Think about how you reaction was to her questions - did your reply in a courteous manner or were you so offended that your "rights" were being trampled on that you replied in a defensive manner without first explaining that you were not running a commercial business and that you reloaded as a hobby? Did you explain that you are following the rules for the storage of the gunpowder that you use? And . . . have you personally bothered to check to see if there is any local ordinances that restricts reloading or the storage of "any" gunpowder in a multi-family facility?

As far as your girlfriend goes . . .

I'm sure that both of you are very nice folks and nobody likes to be hassled - and "hassle" may be too strong of a word. But again . . . what does your lease say? Is she living there or what is your interpretation of "living there". While certainly a tenant should be allowed to have "company" - but if it went before a judge to settle a dispute, their question would be "does she spend the night and if so, how many nights a week?" "Does she have clothes in the apartment and a tooth brush?" If the answers were yes and she was spending a number of nights there during the week, then the judge may determine that she was indeed "living there". But again, what does your lease stipulate? And . . while you may think your landlord is sticking their nose in to your business . . . the apartment was leased to "you" though and if I were working around an apartment that I owned and I observed someone coming out of it that was not the renter, I too would probably ask them who they were - but that can be done in a nice manner. If they answered that they were your girlfriend, then I would just make a note of it mentally or maybe even write a license number down in case it turned out that the individual was NOT your girlfriend and had no right to be in your apartment. Ask yourself this question this question . . . and yes, you state that you are a "private person" . . . but would you not rather have the landlord question someone coming out of your apartment that they knew was not the person to whom the apartment was rented to or would you rather they just ignore a person coming out of your apartment who may have entered unlawfully and was leaving with some of your possessions?

While you may not like my comments - and I make them only to point out that like a pancake, everything has "two sides" - you have to look at the landlord's position as well. Before you think that they are "anti" anything - they are running a business of having rental units and they not only have to look out for the other tenants, but work within the boundaries of what their insurance companies dictate and any local or state codes and ordinances as well.

Like it or not . . if I were a landlord with residential units, I would not allow casting or smelting on the premises either and Id have cast for over 50 years. I would not allow it not only for the mess it could create (think tinsel mishaps) but for fire prevention as well - and I guarantee you that most insurance carriers would not allow it as well.

If you have a lease, then you have to live up to the terms of the lease until it ends and then you are free to move wherever you want to. If you consider the situation unbearable, then you may have the option to negotiate an early end to the lease with the landlord but that will usually cost you some money to do so to break what is considered a legal contract if you signed a lease.

My end point? Approach the situation with a mature and even tempered attitude and try to work with your landlord. If you are unable to come to a mutual agreement - in this case that you can do reloading in your apartment or that your girlfriend is not considered as a tenant under the terms of your lease - then move on. The majority of landlords do not want to loose a good renter where the payment is always on time and they create no problems - i.e. loud noise, repeated police calls, etc. You sound like an "ideal tenant" and if things go downhill - then I'd be looking for another place to rent as I guarantee you that the landlord is probably not going to change.

Good luck to you.

[merlin101]

Pretty simple, if you dont like the landlord rules then move to a different place.
And break the lease? Doing so would possibly make the OP liable for all rent until the apartment is re rented, that could be months.Besides the LL can't change the rules in the middle of the game either.
Best advice is also the simplest, have a calm sit down discussion about reloading. Explain how safe it can be and remind them how good of a tenant you are. Review your lease and know your rights but don't bring them up unless the LL is stepping on them.
I've got a feeling you already know all this and it's also been pointed out already. good luck I hope you convert the LL's way of thinking.

[bubba.50]

in times past I would tell ya to "come on down to Ol' Virginny" but, my state has become so polluted with the sewage spillin' out of the "District of Corruption" I would move myself if I could afford it. today I'd tell ya to look at Tennessee or Texas.

[Olut]

Follow NSB's guidance and get a NH lawyer to review your rental contract. As a resident of NH, I find the state generally very gun-friendly ... except for the very southern part of NH where it borders Mass. Note that in this area, many Mass-holes have moved up here to escape the taxes but still carry their unique Bostonian values and opinions. Remember our state's motto is LIVE FREE OR DIE

[Love Life]

I'd call my land lord and say "Looky here you good for nothing, nosey, busybody. You best mind your own business from this point on, or we are going to have real problems. Also, I'm not paying next month's rent out of principle."

That should solve your problem.

[Geezer in NH]

Yeah you are in New Hampshire...... might as well be in New York, Kalifornistan, or Austin....
GoodOlBoy
You sir are wrong so far wrong All I can say and be civil.

To bad your a newbie state for carrying a firearm TX just got CC and just got open carry. We in NH have always had open carry and CC and now constitutional carry.

By the way enjoy Austin it is the new wave of TX it seems.

[starmac]

You sir are wrong so far wrong All I can say and be civil.

To bad your a newbie state for carrying a firearm TX just got CC and just got open carry. We in NH have always had open carry and CC and now constitutional carry.

By the way enjoy Austin it is the new wave of TX it seems.

Right you are, BUT the problem with NH is to have a full size shooting range, it has to cross state lines, where as in Texas, most apartments can have a full size range in the den. lol

I couldn't help myself. lol

[jeepyj]

Renting an apartment is a business transaction and the lease is the contract. I'd take the lease to a good lawyer and get his opinion of the situation.

Every lease or rental agreement I've seen forbids any kind of commercial business and it seems that is what your landlord was asking about.

NH is as gun friendly a state as any you'll find and from the sound of things the LL didn't even mention guns. Running a business and powder storage seems to be the issue. That's reasonable. Don't turn it into something it's not.

btw, I wouldn't let your girlfriend get anywhere near your place for a couple of months.
^^^^^^^^^^^^^^^^
In my opinion....This is good advise except for your GF. As long as you have a utility bill or something similar with the GF's actual address there isn't much they can say . We have 582 apartments and as long as a tenant can produce a legitimate second address and she isn't staying over night longer than your lease allows they don't have a leg to stand on.

[imashooter2]

Renting an apartment is a business transaction and the lease is the contract. I'd take the lease to a good lawyer and get his opinion of the situation.

Every lease or rental agreement I've seen forbids any kind of commercial business and it seems that is what your landlord was asking about.

NH is as gun friendly a state as any you'll find and from the sound of things the LL didn't even mention guns. Running a business and powder storage seems to be the issue. That's reasonable. Don't turn it into something it's not.

btw, I wouldn't let your girlfriend get anywhere near your place for a couple of months.

This. Your landlord was justified in his questions. He has his property and his other tenants to protect. Your answers seem to have completely addressed the issues. There should be no further problems unless your girlfriend is staying overnight a lot.

[starmac]

Probably the girlfriend staying overnight a lot would not ever be an issue, just don't tell them you LIVE their unless your name is on the lease.

[jonp]

^^^^^^^^^^^^^^^^
In my opinion....This is good advise except for your GF. As long as you have a utility bill or something similar with the GF's actual address there isn't much they can say . We have 582 apartments and as long as a tenant can produce a legitimate second address and she isn't staying over night longer than your lease allows they don't have a leg to stand on.

You don't have to get a lawyer and pay him/her. The State HUD will look at your contract for free. As long as your not breaking the law then ignore the landlord, if they get too intrusive file a complaint. If I found out one of my tenants was reloading ammo I'd want to know what he was loading and if he could work some up for me

[dragon813gt]

I'd call my land lord and say "Looky here you good for nothing, nosey, busybody. You best mind your own business from this point on, or we are going to have real problems. Also, I'm not paying next month's rent out of principle."

That should solve your problem.

Spot on :beer: