Tenant Tore Down Other Tenants American Flag Tossed On Ground

Lititz, PA · Member since 2013 · 595 posts · 272 votes

It is a shared entrance and one of the tenants displayed the flag. The other tore it down and threw it on the ground. Tenant whose flag it is complained. What to do?

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Mike Dymski

Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes

There a many on this site who would say to stay out of it but not me. Fighting residents is a problem for the owner too and, left alone, you end up with the problem residents staying and the good ones leaving. If the resident is willing and permitted to trash their neighbors property, they will trash your place as well.

I recommend calling the resident, find out the other side of the story, and diffusing the situation.

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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
6y
Continue collecting the rent.
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Peter TverdovBusiness Member
Developer · New Brunswick, NJ · Member since 2015 · 1k+ posts · 2k+ votes
6y
Ask them why they hate America.
Then remind them of the Lease and post a notice to cease and encourage the tenant to put the flag back up.
[email protected]732-289-3823
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Mike Dymski
Investor · Greenville, SC · Member since 2016 · 5k+ posts · 13k+ votes
6y
There a many on this site who would say to stay out of it but not me. Fighting residents is a problem for the owner too and, left alone, you end up with the problem residents staying and the good ones leaving. If the resident is willing and permitted to trash their neighbors property, they will trash your place as well.

I recommend calling the resident, find out the other side of the story, and diffusing the situation.
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Scott Mac
Austin, TX · Member since 2019 · 5k+ posts · 5k+ votes
6y
For a multi-family (vs a SFH), a "No Flags or Banners shall be posted in any place visible from outdoors, or used as window curtains" provision in the lease heads this off.

It prevents branding of your building as "Pro this" or "Anti that".

That being said, an owner who wants to brand his building with anything "Pro this" or "Anti that" can do it. Although it would be smart to avoid protected discrimination issues when doing this.

A lot of apartment complexes seem to have American Flags, and in Texas the State Texas Flag is typically flown at the same height as the American flag (the only state where this is legal).

https://www.dallasnews.com/news/curious-texas/2018/01/10/why-can-texas-fly-its-flag-at-the-same-height-as-the-u-s-flag-curious-texas-investigates/

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Steve Morris
Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
6y
Depends on which tenant is the PITA, but it is destruction of property, malicious mischief or something like that. Usually, there is some clause in the lease that says that's a default.
IF you want him out, but I can't see both parties being happy after this untoward course of events.
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Greg H.Pro Member
Moderator
Broker/Flipper · Austin, TX · Member since 2013 · 4k+ posts · 4k+ votes
6y
Originally posted by @Steve Morris:
Depends on which tenant is the PITA, but it is destruction of property, malicious mischief or something like that. Usually, there is some clause in the lease that says that's a default.
IF you want him out, but I can't see both parties being happy after this untoward course of events.

Good luck trying to evict a tenant in Portland or even Austin Tx for tearing down a flag. Unfortunately in this day and age, you are more likely to get cheers
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Theresa HarrisPro Member
Member since 2019 · 15k+ posts · 11k+ votes
6y
Talk to both of them and amend your lease in the future to include Scott's wording. Tell them they both need to respect the common space and as it is common space, nothing goes in there from now on unless you put it there.
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Steve Morris
Real Estate Broker · Portland, OR · Member since 2019 · 4k+ posts · 2k+ votes
6y
Well, I've got a guy that got evictions for fireworks off a deck and smoking (diff tenants) in the unit, so it is possible.
Just not for no-pays.
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Danny Webber
Real Estate Broker · Austin, TX · Member since 2016 · 834 posts · 449 votes
6y
dang... I would tell them they need to handle disputes like this among themselves
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Greg M.
Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
6y
Originally posted by @William Coet:
It is a shared entrance and one of the tenants displayed the flag. The other tore it down and threw it on the ground. Tenant whose flag it is complained. What to do?

I wouldn't say do nothing. This is the type of thing that can be very emotional to some people and lead to serious consequences. You don't want your building on the news because one of your tenants cut the head off another tenant after they trashed his flag.
There is also the Freedom to Display the American Flag Act (which does not cover landlords), but some states adopted similar laws, so be careful if your state is one of them if you decide to tell your tenants they cannot fly the American flag.
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