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jerzbratgirl · Sep 5, 2006, 12:35 PM

This is long so I apologize in advance...

My significant other, daughter, and I moved into a full house with a large yard 2 months ago. We rented through a real estate agent. I specifically wanted this house because of the large yard.

There have been several problems with the demands of the landlords since the signing of the lease.
The first was the original lease to be signed was for the 15th of the month. They at the completion of signing refused that forcing us to pay rent in 2 places. We also knew that pets were not allowed, but upon the signing she explained that my Fish were not allowed either. ( I always considered pets to mean cats, dogs, or things that can actively destroy a palce) I had already given up my 2 dogs and now my fish for the promise of renting a whole house with a large yard.
Approximately 1 week after we moved in, we received and addendum to the lease stating that we would not be allowed to place anything on the yard. If we wanted to utilize a patio set then it would have to be "brought in" after each use. So at this point, I've given up all pets and my fish and can't even use the yard. No patio set (there is no where to store one) and no yard decorations.

This past month I was injured at work and was going to be a few days late on my rent (since I used up my reserves paying rent in 2 places) The landlord came and knocked on our door (they live next door) asking for the check. I explained to him the situation and gave him a post dated check with the late fee. Today I received a certified, return receipt requested letter from them with my check inside. They refused the post dated check and are saying that the late fee should be paid in next months rent.

I'm about at my wits end already and I've only been here a few months!

Anybody have any advise about there ridiculous restrictions on the yard etc.

Jerzbratgirl

brooks · Sep 5, 2006, 01:35 PM

Some of the issues you described don't seem odd or unrealistic. You signed the agreement and agreed to the terms of the lease, Depending on your State landlord act, your landlord may or may not be able to enforce some of his conditions. The postdated I may have also refused depending on the length of time you expect the landlord to wait for his money.

Fr_Chuck · Sep 5, 2006, 01:55 PM

Sorry but I also look at this from the landlord, since I own rental property.

As for as the pets, if it is not speicficly spelled out in writing what pets, the term is up for debate but in general it will be the landlords versions, since pet can be any animal. ( and the fear of water damage to flooring could be a issue they had in the past.

As for the added info, no they can not add to the lease, so only those terms in the original lease can be inforced, unless the subdivision you live in has rules as to things outside, since it was not in the original lease it can not be added without your approval ( unless there is a clause in the original lease to allow them to make admindments to it)

As for as the post dated check, rent is payable on the date it is due, not the day after or the week after. In many of my homes I have a mortgage on them that I also pay, and if your check is late, I have to pay the mortgage out of my funds not from your check. So yes I would also call the rent late if not paid by the due date and the next months check is not accepted until the late charges are also paid..

I am not sure where you have been renting before but althouigh this is to the strict side of rentals, it is very common ( except for the moving things in)

Now if you had pure junk in the back yard, an old couch and the such, I would not allow that either.

phillysteakandcheese · Sep 5, 2006, 02:15 PM

As long as this house has a basement, I'm not sure why you can't store your patio set there when you're not using it. The landlord can't stop you from having a fish bowl, but a big heavy aquarium is another consideration.

I think you took too much for granted with the landlord. These would have been simple things to ask about while you were looking at the property.

Consider it a lesson learned.

excon · Sep 5, 2006, 02:54 PM

Hello bratgirl:

So, waddya want to do? Stay? Then sign the addendum, pay your rent on time and make sure you don't use your front yard.

Or, do you want to get out of your bad situation? If you want out, tell them to stick their addendum where the sun don't shine. In that same letter you're going to send (certified, return receipt requested), tell them that you have a whole set of yard thingy's including 45 pink flamingos, and that you plan to put them all out. Doesn't everybody love flamingos? They live next door?? Cool!

Tell him the yard is PERFECT for the flamingos, but if he is willing to let you out of your lease, covers the cost of moving, and gives you back your entire security deposit, you'll consider it.

excon

jerzbratgirl · Sep 5, 2006, 03:49 PM

The rent check was to be held less then one week... and I'm not sure why the late fee is be paid in the next months rent. When I received it back in the mail, it was time to walk it back across the yard.
I've lived in rentals going on 10 years now. I've never been told I can't use my yard (front or back) for a patio set. The basement is not an appropriate place to store anything in our house as it is an older house with a damp basement. The only access to it is in our kitchen. There is no outside access.
I do think it is unreasonable to rent a property in the country with 1/2 acre yard only to be told after you move in that it is not for use in any way shape or form.
It has honestly seemed to me that they are making things up as they go, considering the addendum didn't come until after we mentioned the patio set and grill.

As far as sorting things out... we rented through a realtor and only met the landlords upon the signing of the lease. The realtors themselves were blindsided with the date being changed etc. But I sucked up what I was giving away for the promise of having a whole house and a large yard for my daughter... lessons learned I guess.

brooks · Sep 5, 2006, 04:01 PM

Originally Posted by jerzbratgirl

The first was the original lease to be signed was for the 15th of the month. They at the completion of signing refused that forcing us to pay rent in 2 places. Jerzbratgirl

Can you explain exactly what you mean by that?

Also My policy is that if it is of non human entity and you feed it, then it's a pet.

jerzbratgirl · Sep 5, 2006, 04:42 PM

When we filled out the paperwork with the realtor to present the offer to the landlords, it was done for the 15th of the month. We were willing to pay 1/2 month or keep the rent due date on the 15th of the month. This was to avoid paying full rent in 2 locations. They accepted our offer but at the time of the signing changed there minds. They had also not told either realtor there plans of changing the date from that agreed upon earlier. It kind of put us in a serious bind and chewed up my reserve money.
They threw the change in date at us during her monolgue of her medical problems and how happy she would be to have paramedics next door. When the realtors (theirs and mine) starting apologizing profusely for the change in date amongst other things, I realized that this may have been a serious mistake.

brooks · Sep 5, 2006, 07:20 PM

Forget the silly games. The only thing out of order here is the use of the yard. Unless you signed the lease at gun point the changing of the date was done with your agreement. I would speak to an attorney regarding the legality of the addendum and if found to be unenforceable, have him write the LL a letter indicating your rejection of the add on. If you do succeed, make sure you walk a straight line for the rest of the lease term.

excon · Sep 5, 2006, 08:25 PM

Hello again, bratgirl:

Getting out of an obligation on YOUR terms is anything but silly. Some people wouldn't recognize brilliant legal maneuvers if they were bonked on the head with them.

excon