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ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 15742
Experience:  Licensed General Practice Attorney, Texas
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I rent an apartment in a gated community. The exit gate only

Customer Question

I rent an apartment in a gated community. The exit gate only opens if you are in a car. That means that pedestrians or people riding a bicycle or motorcycle cannot open the gate. Is it required by management to furnish tenants with a remote control, key pad, or gate in order to be able to exit the property?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  ScottyMacESQ replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. There's not a regulation or law that I'm aware of that requires this. There certainly is the possibility of a "negligence" cause of action should something come about due to this situation that causes someone harm. Such a matter would be "remedial" rather than "proscriptive" (that is, it would only compensate someone for loss due to a failure to act in a certain manner rather than require the community to act in a certain manner). Now it's possible that if there's no way to exit without being in a car, that could lead to a "false imprisonment" cause of action against the community. But even false imprisonment would need to show actual "economic damages" incurred as a result of the false imprisonment to be a viable lawsuit against the community. In short, I'm afraid there's no law that requires the community to do this. Rather, the only real recourse would be to "vote with your feet" (i.e. no longer rent there and let everyone else know that they shouldn't rent there for this reason). I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacESQ replied 1 year ago.
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