united-states liability rental-property residential-lease
Can an apartment release my package without approval, warning, or notification?
<p>I had a package that was delivered this past Tuesday. It was supposed to have been picked up for a return by UPS, but for whatever reason UPS hasn't picked it up yet. On Thursday, a leasing office employee told me they couldn't hold on to it indefinitely and asked who the carrier is (so she could remind them when they arrive), and when it will be picked up. I let her know that UPS was the carrier, and they would probably be there to pick it up the following day (Friday).</p>

<p>On Friday night, I get home late and find the package outside of the leasing office's door (for anyone to steal). I had never been given any advanced notice that they'd be releasing it on Friday (just a vague idea that they can't hold it forever). I hadn't even been told that they did release it, I was left to find out at 1am on Friday night.</p>

<p>The issue is that the package is very large and heavy, and I can't carry it because I'm having problems with my hands and wrists. Furthermore, my unit is only 200 square feet and I don't even have room for it (it was delivered to me from Amazon by mistake). I explained all of this to the leasing office employee on Thursday.</p>

<p>My lease seems to waive their liability. However, I'm not sure if it's legal for them to do so in the lease.</p>

<blockquote>
  <p>Resident(s) gives Owner permission to sign and accept any parcels or letters sent to Resident(s) through UPS, Federal Express, Airborne, United States Postal Service or the like. Resident agrees that Owner does not accept responsibility or liability for any lost, damaged, or unordered deliveries, and agrees to hold Owner harmless for the same.</p>
</blockquote>

<p>Are they liable? I live in Clark County, Nevada in the United States. <a href="http://www.leg.state.nv.us/NRS/NRS-118A.html" rel="nofollow noreferrer">NRS 188a</a> seems to be the applicable law, but doesn't seem to mention anything regarding packages. Reddit <a href="https://www.reddit.com/r/legaladvice/comments/43cppr/my_apartment_complex_lost_a_package_but_claims/" rel="nofollow noreferrer">seems</a> <a href="https://www.reddit.com/r/washingtondc/comments/2pze1y/my_building_with_a_doorman_lost_my_package_and/" rel="nofollow noreferrer">to</a> think that the apartment is liable in situations like this. </p>

<p>Liable for what? The package is still there so there is currently no loss and no one is liable for anything.</p>

<p>Contractually, they are not responsible for anything that happens to the package. This probably relieves them of obligation in equity to – they are telling you in a contract that you agreed to that they do not have a duty of care to you for packages.</p>

<p>Notwithstanding, you are not liable to the vendor anyway. They sent you an unsolicited package, you have asked them to collect it; your legal obligation to them is finished. If it gets stolen then the only person who has liability to them is the thief.</p>
