Rugs Required in Lease - Valid?

Question

My sister asked me to review her lease. She lives in Boston and this is an older 5-unit with hardwood floors. There is a note that requires her to cover approximately 80% of the hardwood floors. I understand the desire for that as a landlord, but is that really enforceable? I mean if she signs it, then I would guess it is. I'm tempted to advise her to give the landlord a call and say everything is great, can't wait, but can we strike this clause from the lease.

Jim K. · Answer

You're talking about rights and obligations, I'm talking about wise, thoughtful decisions to take steps to successfully accomplish objectives.

Again, I'll repeat, I'm in the same situation as this LL in one of my rentals.

Andrew B. · Answer

Basic contract law stipulates that if you both sign on the dotted line, and the clause does not violate state or federal law, you are obligated to follow the clause. Failure to do so constitutes a violation of that contract.

Now the followup is, what can the landlord do? That depends on your local courts. MAYBE a judge will allow her to be evicted. MAYBE a judge would not. Local courts have lots of nuances.

In general, its not a good idea to agree to a lease clause if you have no intention of following it.

Amber G. · Answer

I've seen that clause as part of condo/apartment associations. If the landlord doesn't own the whole building, he/she might be required  to have that in the lease to comply with other rules.

Dan M. · Answer

Just my two cents your right if she signs it shes obligated to do so. I do not think there is a local law of that requirement but how bad does she want the lease?

Daniel Kramer · Answer

All - this issue has been resolved. Thanks for the help, no need to continue arguing 😁

Jim K. · Answer

It's clear we're not going to agree on this, me because I've been in this exact situation and did the smart, effective thing that did not negatively affect my property, you for your own reasons based on...something, I guess.

Lien Vuong · Answer

That's a weird clause but certainly not illegal. It's likely to protect the floor as well as minimize the sound transfer between the floors. I would speak to the owner directly to see what's his reasoning and go from there.

Jim K. · Answer

God, that's slimy, and moreover, it's stupid. We have similar situations where downstairs noise is a concern and we provide the rugs. Under that contract, the tenant could bring in carpet remnants from anywhere in any used condition, with or without construction debris,  metal shavings, or jagged pebbles embedded on the backside or working their way through the weave. Worst kind of dumb and cheap landlord, right there, so who knows what other stupidities lie in wait for these prospective tenants?

Andrew B. · Answer

I believe adults should make their own decisions. I guess that's "something" in your eyes.

Andrew B. · Answer

I think you misunderstood. Its odd that you call the practice slimy. It's never "slimy" to create an agreement between two consenting adults, that doesn't violate the law.

I find it wise and thoughtful to provide tenants with what the market demands, at rates that the market justifies. Of course, I have no reason to make my tenants use rugs, so I dont worry about it. If it effected my business, and my tenants were unable to buy them on their own, perhaps I would provide them. My tenants can afford carpets, and I dont think they would be happy to be told what carpets they would use. Perhaps lower income tenants would appreciate the free rugs.

Rugs Required in Lease - Valid?

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