Q: We have a basketball goal on our porch and the landlord has stated that it has to be removed. The lease doesn't say
Anything about not being able to have one. She has also stated that my children aren't allowed to bounce a ball on the porch. I feel as though this is harassment and not legal. But I do not know
A: Generally, the rights and duties of both the landlord and tenant are controlled by the lease agreement. However, Section 35-9A-302 allows a landlord to adopt and enforce rules and regulations regarding the conduct and use of the premises. So long as the rule falls within the statutory requirements it is unlikely that a Court would remove the rule. Given that the devil is in the details you should contact a local attorney to seek specific advice as to your lease and situation. Perhaps that attorney can give you guidance as to how to reach a resolution to this issue with your landlord.
A:
When reviewing your situation, it's essential to first consider what your lease agreement specifically outlines regarding the use of common areas and any restrictions on personal property or activities. If the lease does not explicitly prohibit basketball goals or playing on the porch, your landlord's requests might seem unreasonable. However, landlords often retain the right to implement new rules for safety or maintenance reasons, provided they apply equally to all tenants and do not discriminate.
If you feel your landlord's actions are unjustified or excessive, engaging in a calm and respectful conversation is a good first step. Discuss your concerns and try to understand the landlord's perspective. Sometimes, compromises can be reached that satisfy both parties without the need for further action. Documenting these interactions can also be helpful if disputes continue.
Should the situation not improve, consider seeking advice from legal professionals or tenant advocacy groups in your area. They can offer guidance based on local laws and regulations, which can vary significantly. Remember, knowledge of your rights and open communication often serve as the best tools in resolving tenant-landlord disputes.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.