Tenants don't like other tenant's outdoor flag - what to do?

[Jessica Todd]

Hi all -- In my 4-plex, I have a tenant with 2 large flags draped over his 2nd floor balcony -- both very clearly express his viewpoints on certain topics. I have received 2 complaints regarding one of the flags; they feel the large size make it seem his viewpoints represent the entire building.  While they don't bother me, I want all my tenants to feel comfortable in their home. I don't have anything expressly written in my lease against this and I worry if I ask him to remove one or both, it will be a violation of the tenant's freedom of speech.  Any recommendations?

[Patricia Steiner]

Here's a different point of view...is the balcony frontage actually your tenant's property or is it "common space." The tenant actually rents the unit but not the building or its facade.  By taking over that space, he defines it for the other tenants.  I recommend letting that tenant know that the frontage/facade of the building is a common amenity of the property and not for his personal use.  Whatever he wants to display inside his unit or on his car is certainly within his rights.  But the building, structure, stairs, balconies - are yours - and as such those areas need to be left unadorned.  

Freedom of speech is not the issue here - it's really does he have "freedom of banner" and the right to impose his thoughts/ideas/beliefs for the property.  I so-o-o think not.  It's important to remember that all tenants have the right to the peaceful use and enjoyment of the property BY LAW.  

Bet those banners will look great inside his unit...