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My landlord refused to allow me to access and activate a "quick release" on the…

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My landlord refused to allow...
My landlord refused to allow me to access and activate a "quick release" on the gates during a power outage and force several of us to wait more than an hour when I could have had the gate released within 30 seconds. Was this legal? No one could enter or leave the complex until the tech arrived. What are our rights in a situation like this. I called our local police but they would not come out.
Submitted: 6 years ago.Category: Landlord-Tenant
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2/21/2012
Lawyer: DCrane Esq, Attorney replied 6 years ago
DCrane Esq
DCrane Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 25,285
Experience: Experience in this area is derived from assisting clients in commercial and residential lease matters.
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Thank you for the post, I am happy to assist you by answering your questions. Yes, this was legal. So long as the landlord's claims are true that accessing and activating the quick release could compromise the warranty or ultimately damage the gate the landlord had the right to deny your request. Are you by chance a person whom possesses specialized knowledge on how to fix the gate if the quick release caused a malfunction?
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Customer reply replied 6 years ago
I have been professionally employed as a maintenance man at XXXXX XXXXX University, Ecclesia College, The Arkansas Baptist Assembly Campground and have maintained my personal residences for more than 30 years. I also worked with a fence contractor, my wife, for many years.The remedy required no skill, just the loosening of a bolt intended and designed to hold a cover in place over a quick release handle required by law to be in place in the event of a power outage such as we experienced today. The manager did not have an access key as required by law, and she did not have a maintenance man on the premises although the company employs one. Removing the bolt which is designed to be removed in the event of a power outage could not possibly void any warranty as the bolt is placed there only to secure the cover over the quick release handle required by law to be accessible in the case of a power outage. I'm sorry if my explanation is beyond your ability to digest in regards XXXXX XXXXX mechanical devices designed to protect people in the event of an emergency. I can't draw a diagram in this format, or I would. The whole point of the quick release handle is to meet the requirements of the law to have an emergency means of releasing the gates. I guess if the buildings were on fire or someone was having a heart attack the fire department and rescue personnel would have to wait for a tech to arrive?
Lawyer: DCrane Esq, Attorney replied 6 years ago
"I'm sorry if my explanation is beyond your ability to digest in regards XXXXX XXXXX mechanical devices designed to protect people in the event of an emergency." - It isn't.

In any event, if you find that the landlord acted unreasonably, you should consider filing suit for negligence.

You asked whether the landlord's actions in refusing you to access and activate the quick release, they weren't. There was no law broken in refusing you to access it.
DCrane Esq
DCrane Esq, Attorney
Category: Landlord-Tenant
Satisfied Customers: 25,285
Experience: Experience in this area is derived from assisting clients in commercial and residential lease matters.
Verified
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Customer reply replied 6 years ago
Relist: Answer quality.
Lawyer: DCrane Esq, Attorney replied 6 years ago
I'm not the expert for you, I will opt out. Perhaps another expert is better suited to work with you. Please do not respond to this post, it will only serve to delay another expert from following up with you.

Best of luck.
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Customer reply replied 6 years ago

You'll have to forgive my impatience with the implication that I am not qualified to remove a bolt from the cover of a panel in your original answer. I have installed, maintained and serviced far more complex devices than a quick release cover in my more than 40 years of working on all things mechanical. I have worked with a fencing contractor in Texas and there is no certification or licensing requirements of any kind for this occupation except where it involves installing electrical wiring or electrical devices. The quick release is not electrical and is isolated from any electrical equipment required to operate the gate. It is a very simple device, much like a cotter pin or a simple lever which when pulled releases the swivel arm from the motor housing.

 

My questions was whether or not it was legal for someone to unreasonably detain several people when there was a reasonable and very simple solution at hand that would have effected the immediate release of the gate and the immediate relief of those who were now late for work, medical appointments, or whatever other pursuits they may have had this morning.

 

Having installed and even having had serviced similar automated devices, and having read the label affixed to the swing arm of the gate, I am more than certain that any warranty on the gate would have remained intact since I by removing the bolt, I was not actually servicing the gate, but activating a quick release device required by Texas and Federal building codes to be installed on such an apparatus so that it can be opened quickly and without any special skills in the event of a power outage.

 

The issue is not whether or not I am qualified to remove a bolt, which I most certainly am. The issue is whether or not the manager of this apartment complex was reasonable in refusing to allow me or anyone else to remove the bolt in compliance with Texas and Federal building codes (laws?) and detaining us against our collective wills for more than an hour, causing hardship to several persons.

 

Sometimes I forget that asking a lawyer a simple question is futile. I think your answer is bogus and I am not at all satisfied with it. I perhaps overreacted to your implication that I was not qualified to open a gate or remove a simple bolt in order to access a device designed open the gate. But I will pay you the agreed price because of your time (6 or 8 minutes).

 

Is there no sanity left in this country? Let's detain 11 people for an hour when one individual has the know-how, capability, the professional experience and professional quality tools available with which to remove a simple bolt and resolve the problem. That would be too simple. Instead we need to hire a "tech" and wait an hour for him to arrive and loosen a 9 cent bolt with a $1.25 wrench. No laws were broken. No animals were harmed in any way. But 11 people were needlessly detained against their will without cause.

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