lawn care forum and Landlord’s legal right to limiting personal property purchases in California (Disabled child involved)?
lawn care forum:
Lawn Care Ad
Question by Awesome Nana: Landlord’s legal right to limiting personal property purchases in California (Disabled child involved)?
My husband and I moved into a very large home with my daughter and her husband 3 years ago because my grandson (age 6) was born with kidney disease and has a need for lots of care. He also has immune deficiency so he is home schooled and we limit his contact with the public. We chose the house we are in because it was more than enough to accommodate two families under one roof and it sits on nearly an acre lot which provides are little guy lots of room in the outdoors. He doesn’t have the luxury of playground play with friends, parks, etc so this was a perfect setting.
We have been perfect tenants~ always pay our rent on time, have made many improvements to the delight of our landlord.
We lived here for 3 years and had a trampoline. The trampoline was provided for my grandson mainly to help him get maintain good muscle tone and his doctors said it was working. With the exception of some cousins, no other children visit. But the landlord asked us to remove it because the insurance company made a spot check and excluded trampolines. I understood, so we promptly removed it and promised our little guy something in it’s place.
My husband put up a basketball hoop. She wanted it down because it was affixed to the house. We told her we would putty and repaint but she was adamant. We didn’t fight her and agreed agreeably.
So we thought about a free standing basketball set-up but in our looking, we ended speaking with a Manager at Home Depot who had heard of our little guy’s issue’s and they want to donate him a complete swing set with slide and a “look out” platform as well as install it safely with rubber bark and such. We were very excited but our landlord once again has taken the wind out of our sail. Even Home Depot promised that when we moved, they would donate the lawn to repair the “site”.
It has nothing to do with her insurance company, just her. She is concerned about the grass and “what if he falls and hurts himself?” I told her that since the trampoline was removed, he has reverted to the “trees” of which he can fall out of and really hurt himself. At least safety measures were going to be installed under the play set. And the yard isn’t a well groomed “yard” by any means. It is more “field”.
He is cooped up at home most of his life with the exception of hospital stays, sometimes a month at a time. Even though I know we can’t fight her on this even if she isn’t with in her rights (because she would make life difficult) I just want to know what our rights are. I don’t need anyone’s rude remarks. I already received several on my other post in a different area of this forum.
So can landlords dictate personal property purchases if there are no CC&R’s in place?
Thank you for a thoughtful answer. I have never rented before.
To the one who told me on a previous post to go “buy my own house”:
I would love to buy my own property. But we sold our home so we could pay for medical expenses and the continued share of cost of $ 100K+ annual medical bills instead of relying on tax payer dollars. So kudo’s to you and your inconsiderate answer.
To the ones who read into this that I am a free babysitter, as did the person on my previous post:
What is wrong with you people? This child is on a feeding machine and must be tended to every 2 hours. Family should be available before bringing in state paid nursing. Family should be caring for family as no stranger can do. Do you people lack family obligation? Thanks for your inconsiderate answer too.
I did read my lease. There is no mention of “anything” regarding trampoline’s or play equipment, basketball hoops, etc. It only states we cannot make modification to the structure- painting, etc without permission. We agreed to the trampoline take down only because it was an insurance issue and we understood. So that is why I am confused.
Best answer:
Answer by jc
Unfortunately, what we have here is the result of the greedy people in our country
suing other people, companies etc etc for every little thing to make “free money”.
Your landlord is PARANOID.
I see it all the time. Everyone who owns anything in this country is a target for getting sued.
My boss constantly does( because he owns many properties).
Although your not the type to do this, your a victim( and the little guy) of our system and the people
who ruined it for the innocent.
This is why Europe and the rest of the world, laugh at our judicial system. We can sue anyone for anything.
Unreal!
Hope it all works out for you. I wouldn’t fight it and cause more grief, but I would keep trying to talk to them. Maybe a contract saying there would be no law suit if something happens due to a fall from anything you put in the yard?
maybe they would do that?
Good luck, I think you’ll overcome whatever gets thrown your way.What else could go wrong?
so sad(-:
What do you think? Answer below!
Lawn Care Ad
Read your lease. When you signed it you agreed to certain conditions. You cannot go against them just because it will make life easier. You can renegotiate with the landlord or you can break your lease and pay for it.
As long as no modifications are made to the property that are permanent or damaging a landlord can not dictate what you can and can not buy. I live in an HOA and there are TONS of swingsets out here, this lady is a moron, she can’t be sued and you putting in a swingset or trampoline or ANYTHING of the sort will not affect her insurance!
Now that being said she can make your life a living hell if she doesn’t like what you are doing. Your options are pretty much move, or find a very good lawyer. If you challenge this person it sounds as if she will try a retaliation eviction, which is illegal but they do it. Also she probably won’t renew your lease.
That is the horrible thing about renting. I would suggest looking for a new home where this little one can have everything he needs. I would also maybe get in contact with some activist groups. If anyone knows how to raise hell they do. Is it worth the fight though? Come time for a new lease to be signed your out…. It’s sad this woman is such an explicit word.
Don’t worry about the people on here… most of them are slumlords as I have noticed and just very angry. It’s a bunch of landlords who think they walk on water. They don’t but they do have rights to whom they want to rent to.
Sorry about all this trouble. If anything you could sue for harassment, loss of property due to harassment, discrimination, and other various things. It’s California
you can sue for just about anything but you have more right to speak up than someone who slips on a sidewalk you know? Try calling a few lawyers and see what they say. You will have to move eventually BUT you might get some compensation out of this which would be punishment for this horrible lady.
I would also like to point this out since everyone seems to think this ladys insurance can go up due to playsets. The only reason her insurance would go up would be if SHE put in a swingset, pool, or some other type of thing a child could get hurt on. If the kid climbs up on her roof and jumps off, she does not get sued because the kid jumped off her house.
I rented a house with a pool, the landlords insurance was high due to renting with a pool. It was her responsibility as a landlord to make sure there was a safety fence. There is NO liability to her after that if my child were to drown.
I installed a swingset, her insurance did NOT go up. That’s like saying someones insurance will go up because you put out a slip-n-slide it won’t. She is using this as an excuse.
Everything you can’t have on the property is not included in your lease, only things you can.
The trampoline is a huge insurance issue.
As far as your legal rights to personal property goes, you can have what you want, as long as nothing is attached to the property. No posts dug, no cement anything.
A swing set sits on the ground and should not violate your landlords property rights. You would be responsible to return the property to its previous condition.
It sounds like your landlord is worried about liability. Provide her a copy of your renters insurance, that might ease her mind. Also give her a notarized letter claiming all responsibility for any injures that result from play equipment. I can see that she would be worried, obviously you are allowing a 6 year old to play outside unsupervised, otherwise there would not be any issues of trees.
I know it is not part of the question, but CPS in CA will come down hard on you for allowing a child that young to play outside without adult supervision.
The problem is this: The landlord can simply refuse to renew your lease if she doesn’t like you.
I agree that the landlord is being ridiculous. There is nothing wrong with a swingset, or jungle gym, or playset, or whatever. If you installed one, it would be insufficient reason to terminate your existing lease. However, get on her bad side, and you can find yourselves looking for another home when the lease expires.
You have an acre of property. I’m sure that provides more than ample opportunity for exercise without having to install playground equipment & annoy your landlord. Use your imagination. Throw around a football. Buy one of those baseball rebound nets. And, go to the park once in a while. If your grandson is OK to be outdoors in your backyard, then he’s likely to be OK to be outdoors in the park….just ask your doctor.
They have every right not to allow things to be installed on the property. No landlord ever has to allow a trampoline, basketball hoop, a swing set or anything of that nature. You rented the property as is and nothing can be added without landlord approval. If she does not want to allow it then you cannot have it. What reason she gives you is completely immaterial. She does not even have to give you reason. When you rent it is by the owner’s terms. It may not be fair but she is not breaking any laws.
Trampolines, play sets, and swimming pools are all considered “attractive nuisances” in the law. Your landlord can and will be sued if some neighborhood kid comes over, climbs on the play set, and winds up being injured. The renter would be sued as well, but the landlord is the one with assets, so you can be sure that they would be included in the lawsuit since the accident happened on their property.
So yes, this play set, like the trampoline, will raise your landlord’s insurance, and your landlord is within their legal rights to say you can’t have it. And, quite honestly, if I were your landlord and learned that you were letting the kid climb the trees, I would probably not renew your lease. Because if the kid falls out of the tree and winds up seriously injured, I can assure you that his parents are going to make a claim against the landlord’s home owner’s insurance. In that case, the home owner has some defense, since the tree is a naturally occurring item, not something the home owner built, and the child might be aware that climbing trees is inherently dangerous, thus removing it from the attractive nuisance group.
Legally, your options are limited. As long as you rent, your landlord is within their rights to limit the structures that can be built or placed on their property. If you want to have certain equipment for your grandson, you will need to rent from someone who allows you to have that, or else own your own house.