Tenant added fire pit and grill - what would you do?

Question

We owner-occupy, and our tenant put a fire pit (the metal bowl type from home depot, with just grass underneath) and a grill in the yard while we were away for the night. Their lease calls for them to get written permission for a grill, and prohibits fire pits. How would you handle this? We're willing to work with them but A - don't want to give them the idea that they can do things and we'll retroactively make it ok and B - are concerned about safety. Our thinking was storage of the items on the grass area is ok, but use needs to happen on the paved driveway. What would you do?

Thanks!

Joel Owens · Answer

How far away is the fire pit from the structure of the building, back deck,etc.?

Some tenants think 10 feet away is okay for a fire pit but the fire department in some areas it is not allowed to even have one so check with them.

If it is allowed the fire department wants it far away from the building or any structure where a flame could jump over. They have said in courses wind could push the flame close to the building or an attached structure and something could catch fire. Your tenants do not think about these things.

Thomas S. · Answer

If this is a violation of your understanding of the lease agreement you have only two options.....inforce the lease or rewrite the lease removing any section you have no intention of enforcing. You do not "work with tenants". You either have a lease and inforce it or you scrap the lease. You are the landlord you decide how you want to manage your business (or allow the tenant to manage it).

When a tenant violates a lease and the landlord does not inforce it the lease, or at least that portion of the lease, becomes null and void.

Never make rules you do not intend to enforce.

When a tenant violates a lease and the landlord does not inforce it the lease, or at least that portion of the lease, becomes null and void.

Never make rules you do not intend to enforce.

Account Closed · Answer

This is a direct violation of their lease. Nip it in the bud before they start violating other terms in their lease.

Deanna McCormick · Answer

Simply give them a written notice that says, the fire pit thing must be removed and it's not permitted for use or storage on the property,  And if they grill the grill use is to be 10 feet from building and set a storage spot for that when not in use.. also make sure they store the charcoal, and lighter fluid in a plastic bucket with lid, outside.

Also designate how the spent coals are to be disposed of..provide a seperate metal ash can for that.

I lived in a 36 unit building years ago,, we awoke to the fire department at 3 am,, the garage was on fire, 18 cars were damaged or basically burnt up.. cause,, charcoal from a grill was dumped in the dumpster which was kept inside the garage.. the charcoal embers were not fully out.

AW Cast · Answer

Thanks, all! I appreciate the input and support. Tenants weren't happy that the rules are being enforced, but as you said, rules are rules, and the stuff's gotta go.

Chuy Gonzalez · Answer

Tenants are something else. Tell him to take it out as you give him a three day notice...if he doesn't evict. It's not his property to do with as he pleases.

Wesley W. · Answer

@Dallas Trufyn  I'm not sure these add any value as both the fire pit and grill are fully portable and I'm not sure if anyone would assume they stay with the property upon the tenants vacating.

The looming issues here are the failure of these tenants to abide by the lease terms, and the exposure to liability they have just generated for the owners.  I would think since @AW Cast is also an owner-occupier, it would be even easier for an attorney to create a case for their culpability in the wake of an accident.

If it were me, I would send the tenants a "notice to cure."  This may be more awkward given you o/o, so you can always blame your "insurance guy" if you are not comfortable.  I think you should be direct with them, though - as difficult as it may be - since you are setting precedent based on how you handle this for many issues forthcoming in the future.  You must assert that you make the rules, and they are not up for negotiation, especially after the fact.

Dallas Trufyn · Answer

Normally I would thank the tenant for adding value to my property out of their own pocket, but in this case it is clearly not done right. Talk to them straight up and either rectify it or get rid of it. All part of being a landlord.

Stephen E. · Answer

@AW Cast The fire pit is probably the worst item to have but a grill presents potential liability also. If someone is injured they will look for someone to sue, and the person who permitted the firepit or grill to be in place can be held to have as much liability as the tenant who put it there.

Tenant added fire pit and grill - what would you do?

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