Seven Day Notice to Cure??--Item not in Lease

[Fausto Carosella]

Hey All,

Looking for opinions here. I purchased a duplex a few months back. In one unit I inherited two adults with three small children all under 3 yrs old. They are fine with payments, but the lease agreement that was in place upon purchasing the property is what I would call "flimsy" at best. I typically drive and/or walk my properties once a week or so. Today upon walking this property I discovered a nice big trampoline set up in the back yard- I'm assuming they must have gotten it for Christmas. As I said the lease that is in place is not even remotely close to something I'd use and the only language in there about any alterations are only in regards to the building itself or "construct any building or make other improvements on the demised premises without the prior written consent of Lessor." I would hardly consider a trampoline a "building" or improvement but it was constructed without my consent. Not only that, my insurance will drop me knowing I have one on the property. Would you send a Seven Day Notice to cure? I can't say they're technically violating the lease, so there's no violation to cure. However, I'm pretty sure I can make them take it down simply for the fact it would cause me an undue hardship in the loss of my insurance coverage.. am I correct? So again would you use a specific document? Just tell them to take it down and followup with the seven day? And how would you handle the lacking lease from this point on? Would you just try to get them to sign a different lease, add a bunch of addenda or just try to ride it out until the end of the term?

Thanks!!

[Cory Iannacone]

I agree with @Jessica Zolotorofe 's response and was about the write literally the same thing after reading the initial post.  But, maybe I can add a practical answer--less of the legal answer and a shorter answer of some of the responses referenced above.  Are we dealing with a reasonable tenant here?  If so, can you talk to the tenant about the issue--it's dangerous, someone could get hurt, and your insurance won't cover it.  Reasonable people are more receptive in a more personal conversation as opposed to a letter.  Worst case scenario is that the tenant refuses to take it down or work with you.  In that case, I would send the letter, telling the tenant he/she needs to remove the trampoline for the safety issues you previously laid out.  (While it won't completely insulate you from liability, you need to take all steps possible to avoid property damage or personal injury.). If the tenant still refuses to take it down, then it sounds like you are in a state of limbo for approximately 4 months when the lease expires.  (Basically, cross your fingers that no one gets hurt or property damaged.)  At that point, address the trampoline issue in the new lease (i.e. Its prohibited).  If the tenant doesn't agree, find a new tenant who does agree.  Find a good attorney who can get you a tight lease.