Apartment Management is Telling Rents to Remove All Plants from Balconies!?

Question

I have lived in this very nice apartment complex for eight years. Have four plants on my balcony (not even real, therefore there is no water spillage from watering them!), and the new management is sending around letters telling all tenants only two plants are allowed on each balcony and they need to be against the sliding windows (leading out to the balcony). Nuts to that. I have four plants, two on each side to give me privacy from my neighbors. I told the office very politely my answer was "no", I am not removing the plants.

Nothing in my lease (which I just signed last month) regulates the number of plants you can have on your balcony. I'm just wondering what, if any, they could do to me if I refuse to comply with their silly new rule?

Answer 1

Does you lease mention anything about following the rules of the complex for health and safety reasons .... ?

The reason they want the plants moved back is so a wind does not blow them off the railing and MAYBE onto someone's head ..... THEN; the complex would be liable ; but you know that since you work for an attorney ....

You are obligated to follow the rules of the complex for health and  safety reasons .....

Answer 2

They can evict you.  You said "Nothing in my lease (which I just signed last month) regulates the number of plants you can have on your balcony" which means you have no protection.  They simple have to say it is a new rule for the safety of all tenants and if you do not comply they will have the law on their side.

Answer 3

<sigh>

My question to you is this:

Why do you want to risk them raising your rent at the end of your lease or finding any reason to keep every dime of your security deposit over 2 stupid plants?

Here is what you are not considering:

Anything that ISN'T in the lease, they can regulate.  

So if they ask you to take the plants off, you have to take the plants off, unless your lease GIVES YOU PERMISSION to keep them, then they can't take it back.

Answer 4

Your lease may not have anything but do the condo doc's have anything?  You'd better get an up to date copy of those and check them carefully, I'll bet there is something in there about plants (maybe something voted on/ changed pretty recently even).  One thing though, since your plants are not real they may not be regulated, even if the condo docs has something about real plants in it (but the docs could limit the number of real and fake plants - so check it).

If you can't find anything limiting this, then I would call them up and ask point blank what gives them the right to regulate the number of plants.  Ask them to send you a copy of whatever law/ rule they are using that makes them think they can regulate this.  If they come up with something (or its in the condo docs) you may have to comply (or leave).  Otherwise they may have no recourse.  

Still, I doubt they are sending out these letters unless they have something to back them up (what do they care how many plants you have - unless they have been told to enforce some rule).  Thus, don't be surprised if this is somehow regulated where you are.

Answer 5

you might read and have some lawyers read your contract.Check with your city to see if they have some plant limit ordinance.

Answer 6

Hi,

Sounds like the Ins. Co. for this complex is flexing its muscle.  Most Ins. Co's. do not want falling hazards on balconies or high porches and decks due to the risk involved.  I'm not 100% sure this is the case, but that's my guess.  And yes, you could be evicted if Ins. rules are not followed.  Sorry but that's the way things are headed.  And your Lawyer has no clue what he/she is talking about.  Believe me the Ins. Co. will win if this is the case.  In fact the Ins. Co. can refuse Ins for the building and you don't want to live in one that's not insured.  Not to be confuse with renters Ins...... that's different.