Legal Question in Landlord & Tenant Law in Washington
I live in Washington State. In the city of Kent. It is currently legal to throw fireworks in Kent. I have already purchased about $300.00 in fire works. Today, i tested one, to make sure it worked. My Landlord came and told me: "You cannot light fireworks in this property, i have not sent the letters out yet but i will tomorrow. Fireworks are legal in Kent but you are in a private property and here you wont throw them" Then she said, "I don't want my insurance premium to go up, therefore, there will be no fireworks".
Now, I live in an apartment complex that has about 90 units.
My question, can she legally stop me from lighting fireworks ? If she can, is there any way around this? (legally of course).
If i bought them before she even said it would not be allowed, can i do something?
Or am i simply screwed?
Thanks!
1 Answer from Attorneys
To use your phrase, yes, you are screwed. She is allowed to establish what is allowed or disallowed on her private property. Unless your lease specifically allows for you to light fireworks, I would say she is safe to prohibit their use on her property in a 90 unit apartment complex on the basis that she is liable for any injury to anyone on her property.
Setting off fireworks may be legal in Kent, but you still have a duty of care not to use them in a way that may harm anyone. Lighting them off near buildings is something every firefighter would likely say is a bad idea, especially in light of the current heatwave we are experiencing.
The worst part is that you are risking eviction proceedings if you go forward, so find someplace else to set them off. Sorry to rain on your parade, and kudos to you for asking what your rights are rather than just doing like so many other folks would�lighting them and then asking what they can do about the eviction proceedings.
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