Can this possibly be legal?

[woot]

Even if there is something vaguely relevant in the contract, I doubt it specifically allows a man in a girl's apartment at 2 in the morning. That's not something BYU would dig.

[myboynoah]

Originally Posted by MikeWaters

Perhaps the unacceptable thing is signing the contract that puts you in that situation.

If it's in the contract, I assume NS will be fronting the money to have her move immediately.

The contract allows two am searches? I doubt it. Even Utah has tenant rights. I'd tell management to never let it happen again and that I am instructing my daughter to call the police next time.

[myboynoah]

Originally Posted by woot

Even if there is something vaguely relevant in the contract, I doubt it specifically allows a man in a girl's apartment at 2 in the morning. That's not something BYU would dig.

Exactly. NS, go to BYU with this. Make it an honor code violation by the overly zealous/pervert manager.

[tooblue]

Originally Posted by non sequitur

I spoke with my daughter today who lives in a Provo apartment that is BYU approved housing. She told me that a couple of nights ago at 2:00 a.m. a guy entered their apartment and insisted on searching it to see if there were any boys in the apartment. The guy is employed by the apartment complex and opened the apartment door with a pass key. He woke up all the girls in the apartment and proceeded to search the entire apartment. Is this legal?

I told my daughter that if anyone ever enters her apartment again, uninvited, that she should call the police immediately and not allow him to search the apartment. I feel like going down and talking to the apartment manager and raising hell. I want to tell the manager that I have bought my daughter a gun and that I have told her that if a man ever enters her apartment again in the middle of the night that she should shoot him and then call the police. Am I justified in being outraged?

There are not words to express how angry I would be ... I would be down there so fast I'd make woot and creekster look like a fool for doubting the whole idea of light speed

Seriously, I would threaten the manager that he and his employers could easily be acused of assault or rape ... what in SAM HADES is a man going into an her apartment -regardless of what is in the lease. Go after them sequiter.

[tooblue]

Originally Posted by myboynoah

Exactly. NS, go to BYU with this. Make it an honor code violation by the overly zealous/pervert manager.

I would voice assault and rape concerns -scare the hades out of them.

[MikeWaters]

The best thing you could do to get back at the apt. complex is to set in motion the process that leads to them losing BYU-approved status.

Of course, it would be ironic if the search-thing was required by BYU to become BYU-approved.

[ute4ever]

One of the widespread tenents of contract law is that non-businessmen are notorious for not reading standard boilerplate contracts nor understanding them, and the law often sides with the consumer/individual against the professional.

I wonder how long the contract was and where this provision appeared. Consenting to midnight intruders is not a common provision, and frankly it is not foreseeable that it would appear buried somewhere in a long, form lease.

[YOhio]

Originally Posted by non sequitur

Am I justified in being outraged?

Yes. I'm outraged and she's not even my daughter. Get a hold of her lease. I'd be really surprised if it allows random apartment searches without consent or cause. Even if it did, a 2 a.m. search would be considered pretty unreasonable. It may get her out of the lease without having to pay a fee.

When will BYU begin treating her students like adults and abandon the idea of approved housing? This is absolutely silly.

[ute4ever]

Give copies of the lease to the media.

[Jeff Lebowski]

Completely outrageous. Give 'em hell.