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Johnson v. Sandpiper Cove Apartments
No. 95 CV 0456 (Tex. Dist. Ct. Galveston County June 18, 1996). ; Clearinghouse Number: 50733
Description
Section 8 Landlord to Cease Enforcing Unreasonable Rules On Occupancy, Guests, and Association with Banned Individuals
Abstract
The parties have settled this action challenging defendant
apartment complex’s rules on occupancy and guests. Plaintiff
tenant alleged that defendant’s occupancy rule considered an
apartment abandoned if a tenant stayed away for more than 14 days
without prior consent from defendant manager; that
defendant’s three-day guest rule deemed any guest visiting a
tenant for more than three days an unauthorized resident,
subjecting the tenant to immediate eviction; that defendant adopted
a rule subjecting to immediate eviction any tenant who spoke or
associated on the property with any person listed as a banned
individual; and that defendant prohibited tenants from displaying
anything on windows or doors, except for specific holiday
celebrations. Defendant agreed to eliminate the challenged rules.
Counsel notes, however, that defendant did not agree to
plaintiff’s proposed rules. Once new rules, if any, are
adopted, counsel will review them and proceed accordingly.
