Landlord require me to remove my bird feeder?

June 22, 2009 4:02 PM

Can my landlord require me to remove my bird feeder?

My landlord claims that squirrels are crawling up the side of my apartment complex and ruining the siding. They are climbing up to get to my bird feeder. I have not seen it yet.

I would be willing to get a squirrel proof bird feeder if I need to, but I'm wondering if he can require me to not have a bird feeder at all?

Note:It is not currently in my lease or any document I have signed. Can he force me to sign a new agreement to this or make me move out?

posted by dpollitt to Home & Garden (6 answers total)

Response by poster: I live in Chaska Minnesota, USA
posted by dpollitt at 4:02 PM on June 22, 2009

Not the same jurisdiction but my condo agreement prohibits feeding birds/wildlife. As your landlord could probably just add this clause to your next lease agreement, is it worth antagonizing him or her until then?
posted by Morrigan at 4:43 PM on June 22, 2009

While you've noted that a bird feeder isn't specifically addressed in your lease documentation, check to see if there is a provision that states you are liable for actions causing damage to the property. If the landlord documents the climbing squirrels and documents that you have been notified of the issue, you may have very little recourse if you are billed for the repairs.

Personally, I had to replace several boards when we repainted due to squirrels trying to gain access to a squirrel-proof bird feeder on the second floor, so I can attest to their potential damage.
posted by joe vrrr at 4:52 PM on June 22, 2009

IAAL but IANYL. I'm in Jersey but, for the most part, rental agreements and the laws surrounding them are fairly standard as to certain aspects.

Most lease agreements cover only the interior space, meaning that you are entitled to the apartment from "wall to wall", unless there is a specific provision in the lease allowing you to place something on the exterior of the building. For most tenants, this means that they can't install a satellite dish that hangs in "exterior space" - airspace outside of a window, for example - without some sort of consent from the landlord (said consent could just be the failure to force a tenant to remove a satellite dish). Your birdfeeder would be the same sort of thing: unless your lease provides for an exterior space for you to use, then your landlord can require that you remove the birdfeeder. He can also require that you pay for any damages to the building caused by animals attempting to get at the birdfeeder.

YMMV in Minnesota.
posted by LOLAttorney2009 at 5:06 PM on June 22, 2009

I had a landlord insist I remove a bird feeder because the seed and bird droppings were killing the grass (tiny patch of grass in front of a townhouse).

I did not notice anything wrong with the grass, and lawn care was my responsibility. But he insisted, and I had to remove it. It wasn't in my contract, and I suppose I could have fought it, but it simply wasn't worth it.
posted by necessitas at 6:46 PM on June 22, 2009

Best answer: The exterior, unless specified otherwise in your lease, is generally a "common area" or "common space". The landlord has the right to remove items left there, and may be required to do so by code (e.g. bikes in hallways). It is really unlikely that there is any ordinance or lease clause that you could use to defend having something that the landlord at least believes is potentially damaging his property. Frankly, by notifying you that he wants it removed, the landlord is actually setting up a situation where actual squirrel damage could be justification for eviction.

I love to be an easy-going landlord, and I could tell you a dozen times when I've been that way and been rewarded with a happier tenant. But I can also tell you just as many and probably twice as many times where by being nice on one small thing I've given a tenant the sense that he can walk all over me. Some people just are the given-them-an-inch-they-take-a-mile variety, and these people seem to be rampant among renters -- or maybe they just feel they have to be that way to get the inch they deserve. When that happens I have to put on my Dick Landlord hat, and I hate it, but I do it.

Along these lines I have the tenant whose roof I was fixing, who had satellite TV installed, without permission, with the bracket directly on top of the in-progress roof work. Another tenant saw nothing wrong with driving up over the curb to a concrete pad that we had asked them not to park on, repeatedly, leaving tire tracks in the lawn and risking hitting the building or pedestrians. Then another tenant couple used a bird feeder on their deck, which unfortunately meant the tenant below was awash in bird seed (fortunately not bird poop). It's just the type of thing that leads to a nuisance and conflict even if it doesn't lead to actual damage.

So believe me when I say that the landlord is not being a dick, or perhaps he is, but he's doing it in the service of making his job easier and protecting his investment.
posted by dhartung at 8:09 PM on June 22, 2009