Questions about legality of homebrewing in an apartment

[Dehitay]

I've been brewing apple wine in my apartment for a few months now. But I've started enough gallon jugs up that my apartment complex noticed it when they were changing the air filters. Then they informed me that they weren't going to allow me to continue brewing.

Now I live in Texas and my brewing is in compliance with Texas law. I don't produce more than 200 gallons and I don't sell anything that I brew. So there's nothing illegal about what I'm doing.

So my question is: Does an apartment complex have the right to stop you from homebrewing if you're not breaking any laws? For me, this seems as ridiculous as saying that I'm not allowed to bake pizza in my own home. It seems illegal to restrict me from making my own food and drink, but I'm not sure where to search for legality so I haven't debated it with the complex yet. Does anybody know if it's legal or whether I can find out if it's legal to restrict me?

 

[BigCrazyAl]

I'm no lawyer and I'm not familiar with the law but I know a lot of people that brew in apartments. As long as you aren't using propane inside or something crazy, which it sounds like you aren't, then I think your fine.

Unless there's something in your lease starting otherwise, I believe they may have assumed like a lot of people do that making any alcohol is illegal. Distilling hard liquor is illegal but from the outside looking in, some people don't know the difference. To correct the misunderstanding I recommend speaking with the leasing office with a reference to whatever law states home brewing in small quantities is legal.

 

[Transamguy77]

I agree with BigCrazyAl in that a conversation is definitely in order and the a follow up with an email no matter what the outcome is so you have something in writing that it was addressed.

 

[bassmang4]

Its not illegal to own a waterbed, but many apartment complexes don't allow them. For you they just see a large amount of sticky liquid in breakable container and want to limit their liability of damage to the building if something happens. Unless there's something in the lease, they can't really stop you. Read it carefully and then ask them what in your lease prohibits you from doing it.

 

[Yooper]

I think using the term "brewing" is where some of the confusion arises. Brewing means using heat- brewing beer, brewing coffee. Wine and mead making are cold processes.

If you are talking about brewing, then maybe propane burners and things like that ARE limited in your apartment complex (like grills on decks). But winemaking is a whole different kettle of fish process-wise. It's a cold process making wine or cider or mead, and not at all "brewing".

They cannot limit winemaking, unless specifically mentioned in the HOA terms and you are operating within the law. They can limit brewing, if they also limit grills/propane burners/open flames.

 

[jrgtr42]

I would say it depends.
I would definitely say to talk to the building management and see what the issue is - do they think you're making moonshine? Are they worried about breakage / spillage? heat? Is there anything you can do to mitigate their concerns (bring a bottle along if you have one; it may help convince the super that you're on the up-and-up.)
I used to brew in my little apartment, on a gas stove - mostly 5-gallon extract batches (non-full boil) and a couple 1-gallon all grain. The big thing I saw was that I would get lots of condensation in the place after a brew - between heating the waters and the boil it would get soupy in there. I'd usually have a window open and fan blowing, even in the middle of winter, to get some out.
It's not illegal, but it may be against building policy. First look at your lease to see if there;s anything that can be interpreted as against homebrewing. Then check with the management to see what they say. If they say it's illegal, then check the library, they probably have legal codes, and maybe town hall.

 

[brewcat]

Do they actually know it is wine?

 

[Dehitay]

Do they actually know it is wine?

I told them it was apple wine, but I wouldn't be surprised if they didn't know what went into making that. I'm probly just going to request that they give me a written notice that I can't make wine my apartment and list what legal precedence they're using since I doubt they'll be able to come up with a legal reason.

 

[NTexBrewer]

Is there anything you can do to mitigate their concerns (bring a bottle along if you have one; it may help convince the super that you're on the up-and-up.)

I would not do this in Texas. By law making beer and wine is for personal consumption in your dwelling. Technically the only time you can take home brew or wine out of your house is for

(b) For the purpose of participating in an organized tasting, evaluation, competition, or literary review, a person to whom this section applies may deliver wine, ale, malt liquor, or beer produced and manufactured by the person to locations that are not licensed under this code for the purpose of submitting those products to an evaluation at an organized tasting competition that is closed to the general public or by a reviewer whose reviews are published if:

Yes nit picky but you never want to give your landlord ammunition.

And yes I break the law all the time!

 

[ajdelange]

I'd read the lease carefully to see if there is anything in it that might be interpreted as enabling them to restrict your wine making activity. In all probability they are just expecting you you to cave when they speak. You probably have every right to continue this activity. Of course they also have every right not to renew your lease when it comes up.

 

[PADave]

I'd ask the reason for telling you this. Then have them show you in the lease where it states that reason. Then start looking to buy your own place.

 

[BrewZer]

My suggestion: start looking for a new place to live. You're on their list now.

 

[jalc6927]

Get renters insurance with $500k personal liability which will protect you from damages

Maybe this will help

Either way talk to them

 

[r4dyce]

Also not a lawyer, but it might just be that they don't know it's a legal activity. It wouldn't be illegal to own X gallons of wine in your apartment from the store so what's the difference. I've dealt with a bunch of weird issues and landlords in my younger days and I'd say just start out as gently and friendly as possible and escalate as needed. At the end of the day they are in control of your living situation so it's up to you how far you want to pursue it.

 

[Zimm9]

I'd bet it was just a knee-jerk reaction based on misinformation. People often jump to the "isn't that illegal" response when home brewing is brought up. I'd attempt a calm discussion with them, asking their reasons, and explaining that your intentions are well within the law.