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