A landlord wants to make new rules after tenants moved in because tenants refused landlord request to move an item in yard is the question this week for Ask Landlord Hank. Remember Hank is not an attorney and he is not offering legal advice. If you have a question for him please fill out his form below.
Dear Landlord Hank:
This is my first time as a landlord, and my tenants asked to have a kiddie pool. I said yes without giving any terms. They put the pool under a tree about which I had already warned them about the limbs falling frequently.
I asked them to move the pool to a safer location; they refused, and it is still under the tree. Can I now send them a notice that pools will no longer be allowed? I didn’t make any rules, but now I see I need to.
Hi Landlady Donna,
You gave your tenants permission to have a kiddie pool, so you can withdraw permission. You’d be wise to do so in writing, so use a seven-day notice to cure, which means the tenant has seven days to fix this issue and remove the pool.
You’d be wise to check your lease to see if there is mention of any water-filled devices (pool) or athletic equipment that is prohibited, and also check with your homeowners insurance policy to make sure that a kiddie pool would be acceptable. The lease is the rule book that the landlord and tenant play by.
Your lease is a legally enforceable and binding contract outlining the terms under which you agree to rent your property to the tenant. It also guarantees the tenant the use of the property for regular payments of rent for a specified period of time, usually 12 months. After the lease is signed, you can make all the rules you want, but unless you have tenants agree and sign a lease addendum, then the rules are not enforceable. You really need a good, thorough lease to protect yourself and your property.
Each week I answer questions from landlords and property managers across the country in my “Dear Landlord Hank” blog in the digital magazine Rental Housing Journal. https://rentalhousingjournal.com/asklandlordhank/
Landlord Hank says, “After the lease is signed, you can make all the rules you want, but unless you have tenants agree and sign a lease addendum, then the rules are not enforceable.”
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