1. The landlord is in charge. The tenant is not. -Aldo

2. Happy clause.

The key words are WITHOUT PERMISSION. The longer tenants live in a residence the more they think they can do what they want. Refer them back to the terms of their lease agreement.

By re-installing the unit, you might have granted them a waiver that supersedes the lease. In other words, you have given permission. If it has to go, reissue the 30 day written notice to cure.

The tenant claims I destroyed their property when I moved the structure. I know I made a mistake putting the structure back.

So. What do they want?

The tenant is upset and is now making a stink about the lease agreement, which has a cosigner, and wants the cosigner removed

Not an option. They can live there with co-sign or not.

Thanks everyone.

The feedback is enlightening. I have had really good luck with my tenants over my 20 year tenure. Not that I was the best landlord and was flawless in my judgment. But one landlord friend of mine says "Hey if you haven't been brought to court or ever have to actually evict anyone, you are doing pretty darn good." I have a rent increase that was scheduled before this noise occurred -- Maybe the tenant is just being mad -- ?

I will consult Attorney if the increase is not honored.

The structure is wire mesh resembling a "dog run" type enclosure with a tarped lid, that measures 4 feet wide, 20 feet long and 5 feet high and obscures part of 2 bedroom windows. And is up against the building. The cat goes in/out one of the windows into the structure.

Creative.But never consulted with me on where to put it.

It works till it dont. -RB

Tim,

THIS is why I don't want to live next to my renters.

There comes a time when even the best res is not longer a good res.

If it's not in your lease it's not a lease violation.

This thing sounds like a big project to build. Did you not notice it going up?

Front, side, or back of house? Is it truly a problem or is it you feeling slighted?

It sounds more like a PEOPLE toy than something a cat would use.

I don't need an atty for this but you live in Crazy Cali so an atty is appropriate. Write a letter giving a firm date (on a weekend 14 days away) to remove or it will be removed by your crew at his expense. But don't tear it down until the atty says so.

And as always, the Happy Clause works!

Stay cool and work this out.

BRAD

THIS is why I don't want to live next to my renters.

For many reasons living next my renters is how I was actually able to afford the place as owner-occupied. As I have experienced, like most LLs, I have good days and not-so good days. It is the tenants that most of the time don't want to live next to their LL.

There comes a time when even the best res is not longer a good res.

Agreed. Q. TNG "all good things must come to an end."

If it's not in your lease it's not a lease violation.

It is in the lease.

This thing sounds like a big project to build. Did you not notice it going up?

I was out of town for 2 weeks -

Front, side, or back of house?

Structure is behind a fence in part of yard I don't go to or maybe 2 times a year at most.

Is it truly a problem or is it you feeling slighted?

Just the attitude. If they would have asked, I am pretty reasonable and worked out something if they bothered to make a proposal. I had scheduled a handyman to come out to finish the trim around the windows from earlier in the year. The way it went down -- so childish. The trim and siding were primed and caulked and clearly not finished and the tenant made it out like they thought the job was finished (Bull SNOT!). To say that I "destroyed" the structure is a fabrication by itself.

It sounds more like a PEOPLE toy than something a cat would use.

eh. They don't have small children and it is the size of a dog run.

I don't need an atty for this but you live in Crazy Cali so an atty is appropriate. Write a letter giving a firm date (on a weekend 14 days away) to remove or it will be removed by your crew at his expense. But don't tear it down until the atty says so.

And as always, the Happy Clause works!

by 6x6 [TN]

GOOD QUESTION. I checked the Code. The Code requires "unobstructed" egress from inside the unit to an exterior door. Exterior doors from apartments exit to open walkway with exterior stairwell (more than 1 story) or through a sprinklered, enclosed corridor and stairwell (modern). Windows in bedrooms are required for Light and ventilation. The part that obstructs the window visually obscures the light and the "view." Which is nothing to look at - really. They see a fence and dirt.

This is the "OL" --- one ah sh** has wiped out 1000 at-a- boys.

This is the "OL" --- one ah sh** has wiped out 1000 at-a- boys.

Your tenant has built what is sometimes called a "catio" with access to this from a window. Often these are no more than one (or likely two) "kennel master" kennels put together with a tarp for a cover; easily put up and taken down. Since I do animal rescue I have one in my house (although Bill and I built ours from scratch). A 20 foot long catio is a looong one for just one cat. My argument would be the tenant never requested permission to put up a 20 foot long structure that impedes two windows and that they are free to remove it when they decide to find another place to rent. The demand to remove the co-signer from the lease plays no role in this issue.

Agree with Gail-what does the co signer have to do with it?

Tim,

I am not following your code speak. Realize that I am not in CA so I am using code speak for IN.

You are in a duplex. You have a structure that is blocking the window of a bedroom.

Around here you must have two forms of egress from a bedroom. Door and window leading outside is most common. Two doors if leading to different parts of building where one leads outside works as well.

Does this structure block egress from a bedroom? Can someone who is engaged in a structure fire get out of the bedroom window?

My area is pretty lax and grandfather's in a lot of the rules. But then again I am not in CA where I hear they have rules for having rules.

If this is the case then you can tell the tenant they have to remove it for safety concerns. If they do not, you can remove it as you want everyone safe.

When is their lease up? I would give them notice that their cosigner stays on the lease until they move which will be at the end of the lease.

I might also send a notice to the cosigner saying that the tenants has told you that they want to terminate their cosigning agreement, but that can't happen until the tenant moves out. If the cosigner really wants out of the arrangement, they will put pressure on the tenant to move.

Depending upon how you feel about the tenant, you can either get them out at the end of the lease or let them know you will let them out of the lease early of they find a new place to live before the lease is up. That would be your choice on how to give that notice.

If my residents tells me that i can't change an unauthorized modification until they leave- what I heard was that they are leaving.

Please let them know that you consider this the 30 day notice .

As 6x6 mentioned, some insurance companies in CA will refuse to renew a policy if an exterior window is obstructed to the outside. We just went through a similar ordeal last week.

If you are in Northern California and not in Alameda County, an awesome and reasonably priced attorney is Todd Rothbard in San Jose.

Take care and please updated us if you can.

Thank you everyone for the information.

(by 6x6 [TN])

(by zero [IN])

(by Oregon Woodsmoke [ID])

(by Salernitana [CA]

The Code (Title 24, CBC) is interestingly quiet about emergency egress out a bedroom window. I have noticed that multi-story apartment buildings would be hard pressed to allow the required secondary egress to be from a 3-5-6+ story apartment building with uniformly common floor plans throughout, 1st story up. Again, the only code requirements for bedroom windows address light and ventilation in a dwelling unit. I have yet to check with my home-owner insurance carrier. Good suggestion. That is what I will check with them next.

Salernitana. Thank you for the referral for an awesome and reasonably priced attorney. I will be meeting with an attorney on Wednesday 2/22 for and initial "free" consultation, and see where it goes from there.

(by Gail K [GA])

The demand to remove the co-signer from the lease plays no role in this issue.

Thank you -- I believe that the demand is not directly relevant to the root issue -- yet it still serves as an illustration of the Tenant's attitude.

I have been a tenant and a landlord. I always try to put myself in the tenant's shoes. My property is not the best in the neighborhood and realistically, each of my tenants have put up with some of my imperfect practices - but never has there been a "deal breaker" on either of the side of the relationship. Until now, this tenant has been reasonable when I have made requests and patient with my on-going improvements and repairs. I have always been made whole with the rents and made sure that the property is safe and comfortable. I put up a tenant in a hotel room for 2 nights when the central AC unit went out and had it replaced. We have a local Rental Housing Inspection Program (yearly fee) that ensures that tenants are well treated with regards to the basic safety requirements. My The recent tenant unit inspection in 2022 (before the "cat Structure") and had zero violations. I checked the local municipal Code to see if the cat structure violates any of the city ordinances and it does not. I will see what my options are when I consult with the ATTY and UPDATE.