Lease Agreement Omits Use of Rear Porch

[Reverend]

My wife and I have been renting the same upstairs dwelling for about five years. The first owners were aware of the problems, e.g., leaking roof but refused to replace the roof. The second owner was made aware of the leaking roof about two years ago, but only sent people up to tar the roof instead of replacing it. I warned the second owner that I would contact the city inspectors about the roof if it continued to leak on my stuff. I was told by the owner's son, property manager, to do what I thought I had to do. I called the city who came out and found numerous violation including the roof. I corrected the violations I was responsible for and the inspector made note of the completion. The landlord hired another property manager who began pressuring us to remove my bikes from the front porch and a refrigerator I purchased for our eventual move into a new home, from the rear porch. This refrigerator was never an issue when the rear was repaired and painted before. The new owners knew that it was out there and accepted my rent for the entire time. Then this retaliation was proceeded against me for calling the city. My lease does not specifically state that I can use the upstairs rear porch as storage or anything else. Neither does it not say that I can use it as such. However, I was advised legally, that because the lease doesn't give me permission to use it for keeping my personal belonging the land lord is within their rights to demand that I remove my personal belongings; so I should comply with the demands. I have problems accepting this because the lease does not say that I can specifically use the rear yard for my personal usage either. And if I was to follow the logic gave by the lawyer who advised me to move my stuff then the same logic would mean that the land lord can tell me I cannot use the rear yard also because it's not specified in my lease agreement. Is it implied that my enjoyment of the dwelling include the free usage of the upstairs back porch and back yard? Or does my enjoyment of the dwelling rest solely within the interior of the dwelling?

 

[Gail_in_Georgia]

Want to make life easier for you? Remove the refrigerator from the back porch.

For all you know, the landlords insurance company doesn't allow stuff stored on the back porch for safety reasons.

Gail

 

[mightymoose]

Well I am with you... I wouldn't move the refrigerator either. Once you give in to that the landlord will find something else to nitpick about. If you aren't in violation of any ordinance and there is nothing in the lease about it, leave it. Would the landlord be complaining about a table and some chairs on the porch? No... The complaint is not about things being on the porch, it is about WHAT is on the porch.

That said, your simplest solution is to just move the thing. However, if you have nowhere else to put it and prefer to stand on principle.... leave it. The landlord can't do much more than just whine about it.