You’ve read the title of this article, but it bears repeating: “No loitering” policies at apartment complexes are bogus. Until I see someone lose on summary judgment or see a court order to the contrary, I’m not buying it. I don’t believe that a Landlord can enact a “no loitering” policy to be forced on the tenant for the purpose of penalizing the tenant whenever they “violate” this ridiculous policy.
Oklahoma Landlords cannot prevent Tenants from using Common Areas of the Apartment Complex
Think about it. You have entered into a contract to lease your apartment. This necessarily entails your use of the parking lot and common areas, such as stairwells, parks, and swimming pools on the complex. How is it that by utilizing those amenities, you are breaching the terms of your residency? Are not those amenities the selling point of entering into the lease? Such a restriction is what lawyers might call an illusory contract. In plain English, its Bull. That’s what I say.
This is not to say that an apartment complex cannot enforce “no loitering” policy on non-residents (otherwise known as trespassers!). But to take a man or woman’s hard earned rent money and then tell them they need to use a stop watch when they enter and exit their car in the parking, for fear of “loitering,” is an abomination of justice.
Bad Policies at OKC Apartment Complexes Lead Security Guards to Unnecessarily Use Force on Tenants
If only it ended there with bad contract language. The reason I’m writing this article is because it rarely, if ever, stops with a simple breach of a bogus policy. To the contrary, all too often in Oklahoma City I see property management companies seeking to enforce these bogus loitering policies with the use of excessive physical force.
There are apartment complexes all over Oklahoma City that employ security companies to patrol the complexes and keep the tenants in doors. Talk about feeling like a prisoner in your own home!
Security Guards cannot infringe on your rights, both natural and contractual. As an American, you have basic liberties. As a tenant, you have contractual rights to the premises under your lease, and statutory rights to a safe premises under the Oklahoma Landlord and Tenant Act. And then you have common law rights to be free from assault, battery, and negligence of these guards and their employers, the Slum Lord complexes.
Take Action Now!
You do not have to be a prisoner in your own home. You do not have to suffer the excessive force of abusive guards and reckless faux law enforcers. I have successfully represented residents of these Apartment Slum facilities against both the security agency as well as the property management company. There is no room for armed guards harassing the paying residents at their own homes.
If you’ve been a victim of one of these “no loitering” policies don’t suffer any longer. Call us for a free consultation to discuss your rights and remedies.