Albany, NY asked in Real Estate Law, Civil Rights, Land Use & Zoning and Small Claims for New York

Q: My landlord is demandind I remove my bird feeder on my private balcony, is that allowed?

Hello, I have a question regarding a tenant - landlord relationship. My landlord is demanding I remove my bird feeder, however nothing in the lease states I cannot have one. My bird feeder is causing no harm to any other resident, and no rodents or other pests are being attracted as a result of it. Is my landlord allowed to demand that? Again, nothing in the lease states I cannot have one, and it is doing no harm to any other resident (confirmed by them). Wouldn't the bird feeder fall under decorating my personal property, especially since the balcony is declared as part of the property in the lease.

2 Lawyer Answers

A: A landlord-tenant attorney could advise best, but your question remains open for three weeks. You're doing a kind thing for animals, especially in the winter, when food is scarce. However, your landlord would probably challenge your feeder on the grounds of disease prevention. Check with a L-T attorney who is knowledgeable in this area. Good luck

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Answered

A: Your landlord's demand to remove the bird feeder can be frustrating, especially if your lease does not specifically prohibit it. Generally, if there is no clause in your lease agreement that bans bird feeders, and if it's not causing any harm or disturbance, you should have the right to keep it on your private balcony. It's important to remember that leases can sometimes have broad terms like "no nuisance" or "no disturbances," which landlords may interpret in various ways.

You could start by discussing the situation with your landlord. Explain that the bird feeder is not causing any issues, and even confirm with other residents that it isn't a problem for them. Showing that you are considerate of your neighbors and maintaining a peaceful living environment might help your case.

If your landlord remains insistent, you might want to request a written explanation of the specific reasons for their demand. This could help you understand their concerns better and provide an opportunity to address them directly. If the issue persists and you believe your rights are being unfairly restricted, seeking legal advice or assistance from a tenant rights organization could be a next step.

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