Your tenant might be a redneck if…
Every week I am flooded with hundreds of emails. This is one I received last week that really stands out.
Hi, Troy
I just rented my home to a couple on August 1, 2008. I do not want to cause any trouble so early in the rental becuase they seem to be good tenants.
I found out last week that they put up a two-seater tree stand to hunt deer. I do not want them to hunt on the property. It does not state in the rental agreement as such because no one has ever hunted deer on the property.
I called and told them I will not allow any hunting. They said they would remove the tree stand to the neighbor’s property. My lot is only 80 feet wide. Other neighbors do not allow hunting either.
In the State of Ohio, they have to have written permission to hunt which I will not give them.
How can I get this resolved in a legal manner without causing hard feelings? Also can I revise my rental agreement to state that no hunting is allowed?
Any insight you can give me on this issue would be greatly appreciated.
Thank you,
J.B.
I think if Jeff Foxworthy read this email, he would say. If your tenant has a two-seater tree stand in the backyard to hunt deer, he might be a redneck.
All jokes aside, there are three issues to deal with here.
- The lease
- Safety
- Liability
A lease can always be altered and resigned at anytime. The catch is the tenant must agree to sign a new lease and any new provisions in the lease agreement.
Safety of the tenants and neighbors is always a good landlord’s concern. I don’t think any of you want someone injured on your property or by one of your tenants. Landlords need to provide a safe environment for the tenant.
Liability issues have kept thousands of landlords awake at night. If there is someone injured on your property or by your tenant are you liable? Very possible. Our courts and attorneys will ultimately decide on that.
How do you solve the hunting issue?
If gentle persuasion does not work, you need to get tough with the tenant. Most leases have a clause stating that illegal activities are grounds for eviction. Hunting without permission is illegal. You may have to evict the tenant. Contact a local attorney when you feel the tenants are not responding.
Most landlords will never have a hunting issue to deal with. But the principles here can be applied to any activity that is illegal or threatens the safety of others.
Git-r done,
Troy
P.S. We all need a little laughter in our lives. I found a funny commercial from X Box 360 on www.youtube.com. Don’t click on this if you don’t want a laugh or are offended by redneck humor. Please remember, this is an advertisement only. It is not reality.
http://www.youtube.com/watch?v=StOJr2k5Y-U
Welcome back!
September 17th, 2008 at 10:12 am
Troy;
You were right on about #3 Liability.
I can assure you that if his insurance carrier knew there was a hunting tree stand on a lot 80 feet wide, that they would have issues with that and might issue a cancellation to the property owner. As a former property adjuster, I was required to notify our underwriting department of things like that if I noticed them.
The last thing any landlord or insurance carrier wants is a liability suit if someone gets hurt on your property, especially a gun shot incident. I am constantly inspecting my properties for potential claims and liability issues I can prevent.
Once you get canceled by a carrier, you have to seek a new carrier. On each carrier application, there is the stand-out questions: Have you ever had a claim or been canceled? As you know, you have one of two ways to answer: truthfully or not. If you answer truthfully after being canceled or had a claim, the carrier may not take you on as a customer. If you lie and later have a claim and they find out that you knowingly lied on the application, they have legal grounds to decline your claim and cancel you flat. I have seen it done when I was an adjuster.
Sorry to ramble on. Keep up the good work.
Best regards,
George R
September 17th, 2008 at 11:34 am
Troy
Maybe you should tell them to contact there local fish and game department officer. Most if not all states require a minimum set back of 100 yards for hunting on any property. (While hunting, you have to be at least this far away from any dwelling) Some states require even larger setbacks, this area always includes being the same distance from any road or private driveway. I know Ohio requires that individuals hunting private land to always have written permission on them at all times while they are hunting. Ohio’s maximum fine for first offense of hunting without written permission is $500 and 60 days jail time. Second offense is $750 and 90 days jail time. I used to be a game enforcer for Pennsylvania back in the day.
Tell JB to refer them to a friend who has private land that doesn’t mind hunting or point them in the direction of some public land that they might not be aware of. They can find this info on the Ohio Department of Natural Resources web site.
Thanks,
Nick
November 4th, 2008 at 9:28 pm
home owner insurance in pennsylvania…
I can’t believe that I missed your point, I will have to do some research on this….