Investor · Oakland, CA · Member since 2017 · 27 posts · 14 votes
I have a tenant in a condo, and she is irresponsible with her watering of plants on the balcony, which may be affecting the balcony structurally (the board seems to think so, which may be the only relevant reality), and is definitely annoying the downstairs owner due to runoff. I've had this conversation with them multiple times, offered to buy saucers, etc., but nothing has worked.
Can I prohibit the tenant from keeping plants on the balcony? The balcony isn't mentioned in the lease one way or the other.
Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
5y
You should actually bring this up to the HOA. Let them know what is going on. When the HOA gets involved that can actually help you when it comes to resolving this.
Investor · Bay Area, CA · Member since 2014 · 165 posts · 45 votes
5y
@Kelly A., Can you elaborate as to why the Condo Board thinks the watering of plants may be affecting the balcony structurally? vs anymore than regular rainfall?
In any case, does your lease provide that the unit is a condo and that the tenant must comply with any restrictions, rules and restrictions set by the Condo which may include restrictions regarding the balcony?
Does your lease have a house rules provision like the one below that would allow you to insert a rule governing how the tenant can water plants responsibly to ensure neighbors enjoyment are not harmed by the tenant's actions? For example, potted plants need to have sturdy drip containers.
HOUSE RULES: To protect your comfort, safety, and enjoyment, and that of your neighbors, Owner has adopted the following rules concerning your conduct while a Tenant of the Premises. Owner reserves the right to make changes or adopt additional rules. Failure to comply with the rules will constitute a material breach of the Agreement and may constitute a just cause for eviction.
Not sure how much this will help since your tenant has already refused your offers of free plant pot saucers but you need to start building a case in writing.
Investor · Oakland, CA · Member since 2017 · 27 posts · 14 votes
5y
Thank you for the replies -- I went the "you signed a lease agreeing to the house rules and I will pass along any fines" route, and today when I inspected, saucers were there. I hope that works. I am caught between a difficult tenant (kind of a nuisance neighbor) and a board that does not like her. I try not to press too much in case she calls my bluff; I can't imagine the city would be too sympathetic to my plight!
Realtor · Oakland, CA and a Real Estate Investor with Multi-Family Units and a Self Storage Facility · Member since 2016 · 2k+ posts · 2k+ votes
5y
She’s a nuisance neighbor and the Board does not like her? Well it sounds like she put saucers there so that certainly helps.
From a longer term perspective just realize that if you decide not to renew her lease to get her to move out she seems like the kind who will dig in and fight this out to spite you and the Board.