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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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I am a renter. I have placed a small political sign in the window of my
apartment. My landlord has asked me to remove the sign on grounds that it is an unapproved "window covering". Can a political sign be considered a "window covering"? The sign is 24" wide x 18" tall. The window (one of many) is 54" wide x 52" tall. Thanks! |
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#2 |
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It is not a window covering. But the landlord can still have rules about items for display--if it is already in your lease.
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#3 |
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The lease says nothing about "items on dislpay". It only states the following:
"WINDOW COVERINGS - Window coverings are provided. Use of additional window coverings must be approved by management." |
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#4 |
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A window covering would be defined as anything covering a window. Your sign could be construed as such. Remove it from your window and post it on your door or your lawn (if a sfh). You have no rules about door displays in the lease, right?
Your unit may be in a home owners association (or apartment OA or Condo OA, whichever applies). If so, they can have strict rules, including on what may show in a window. (I've seen some that only allowed white curtains or white thermal backings showing in the window. If you wanted curtains of another color, you had to hang white ones behind it to show in the window. Stupid, I know. But they make the rules.) Your sign may be in violation of their rules. If your unit is covered by one of these asociations, ask for a copy of their rules so you can show your political support without incurring a fine or a violation. |
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#5 |
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Top Level Member
Last Online:
Nov 30th, 2008 01:12 PM Join Date: May 2007
Posts: 693
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Good suggestions!
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#6 |
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There is no "lawn" and yard signs are also prohibited according to the lease.
re: "You have no rules about door displays in the lease, right?" The only door is into a hallway, so that's useless. re: "Your unit may be in a home owners association (or apartment OA or Condo OA, whichever applies). If so, they can have strict rules, including on what may show in a window." As I stated, the rule in the lease governs a "window covering". There isn't an "association" or a condo. It's an apartment. So the landlord can declare ANYTHING a window covering? My cat sitting on the sill is a window covering? My lamp by the window is a covering? That's ridiculous. Where do you draw the line? 1" from the glass? 2" from the glass? If I mount the sign on a stand and it's 12" from the glass, is that a "window covering"? Is a sticker a "window covering"? |
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#7 |
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Your problem is that you signed the lease and agreed to the window covering clause. You could have negotiated that clause's removal from the lease. You could have asked it to be removed or explained to you prior to signing. You didn't question it. Now you must abide by the lease clause. If you thought it was a ridiculous clause then, you should have questioned it before you signed. To "cover" means "to place something over or upon". So by definition, anything placed over or upon the window could be construed as a window covering. (Hey, I don't write the defintions.)
Anything can be placed in a lease as long as it is not illegal per state law and it is agreed to by both parties. You can put a clause about no pets, about window signs, about the color of curtains that show in a window. You could put a clause in the lease that says nothing polka dotted could be in the unit. Anything that is agreed to can be put in. You agreed to it when you signed the lease. You will have to remove the sign that covers part of the window. Since you can't put it in the yard and don't wish to put it on the door because not enough people will see it, you could place it in your car window. You could even tape it to your back when you walked through the building if you wanted to. However, if your lease says no unapproved window coverings, you cannot cover your windows with anything not approved. You may want to check with your political party to see if there is any law on restricting your freedom to post political signs. |
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#8 |
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re: "You could have negotiated that clause's removal from the lease."
Ha ha ha ha ha!!!! Oh you're funny!!!! Renters don't have negotiating rights in the United States my friend. No landlord would EVER negotiate such a thing. re: "If you thought it was a ridiculous clause then, you should have questioned it before you signed." The clause isn't ridiculous. Hiding behind a vague regulation in a lease in order to censor political speech is ridiculous. re: "You may want to check with your political party to see if there is any law on restricting your freedom to post political signs." First, I don't belong to any political party. Second, not all political signs require a party affiliation. Third, political parties as organizations can only pass BYLAWS, not laws, since they aren't legislative bodies. Nice try though. |
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#9 |
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I hate to disagree, but...
You have the right to negotiate any clause in a lease that you wish. True, the LL isn't REQUIRED to agree, but you can ask. The lease can contain any clauses that both parties agree to, as long as they aren't illegal. If you don't ask about or question a clause, you can't come back after you have signed and agreed to abide by those clauses to complain about them. The time to do that is BEFORE you sign the contract, not after. I have negotiated changes to leases many times. Often an owner will reword a clause if you only ask and explain why you would like it clarified. They often do not realize the ambiguity of their own contracts until they are pointed out. I would guess that you did not question the clause at all before you signed it. Did you read your lease thoroughly? I can't see what's vague about it. "No unapproved window coverings" is pretty self explanatory. The definition of the word cover(ing) is in any dictionary. And surely you know what a window is. So you should be able to determine that anything covering a window could be deemed a "window covering". Fairly simple. The fact that you feel it pertains only to curtains shows that you don't understand the definition of cover(ing). Of course, you don't have to belong to a political party, nor do all signs necessarily show political affinity. My reference to checking with the political party was NOT meant to show that they MAKE the laws, only that they may be KNOWLEDGEABLE of laws that deal with the restrictions allowed on political signs. They may have knowledge of laws that allow you to post political signs despite clauses to the contrary. Perhaps you could show your political preference on your car. |
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#10 |
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Get this, my daughter's property manager told her today that her Obama sign in the window was racist so she had to take it down. How pitiful is that?
No discussion about a "window covering clause." I think the manager is racist. Tonight I'm going to look at the contract. If there is no "window covering" clause, it's going back up! |
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