Legal Question in Landlord & Tenant Law in Pennsylvania

Hello,

Our son is attending college in PA and lives off campus in an apartment owned by University Properties, Inc. While he was home over winter break, the maintenance staff entered his apartment for a health and safety check ( to check smoke alarms and fire extinguishers ) While in the apartment, they confiscated a pocket knife that is about 3" long because they stated that the lease states no weapons are permitted in the apartment. They have placed our son on probation and even assessed a $35 fee. They do not specify what they consider a weapon in their rules and regulations online. Our son does not own this for protection, but rather as for use as a tool. He even uses it to cut food at times. We would like your professional opinion if they are permitted to 1) take the knife 2) define it as a "weapon" and 3) charge a fee. If you would be so kind to get back to us, we would appreciate it.


Asked on 1/29/11, 5:40 am

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

The Pa. Corporation Bureau lists University Properties, Inc. as a non-profit corporation. I don't know if this is the same entity--it is located in East Stroudsburg. If this is true, then it is probably affiliated with the college. If the apartment company is independent of the college, then different rules probably apply.

First, there is no way a 3" pocket knife, something like a Swiss Army Knife should be considered a weapon. As you said, it is a tool.

If the apartment is privately owned, they had no business snooping around your son's apartment, unless the lease specifically spells out the procedure. If the apartment is related to the college, it would depend on the school's policies.

Either way, the problem is how should you deal with this. First I would look at your son's lease to see what it says on the issue. Second, I would write a letter to whoever it is that has put your son on probation and charged him $35.00 stressing that the knife was in n o way a weapon but a tool or a utensil. I'm sure he has steak Knives in his kitchen that are longer and more dangerous than a pocket knife, Are these weapons too.

If it is the school that has done this, it seems that your son would be entitled to a hearing.

Obviously, a lawsuit is not warranted over 35.00. Private college landlords are notorious for attempting to extract every last dime from college students. Wait until ou try to get your son's security deposit back.

Obviously this is a bad decision, and you should voice your complaints to the landlord/owner/college, in writing. Maybe you'll get your son a refund and maybe not.

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Answered on 2/08/11, 8:31 pm


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