I have lived in my apartment for 14 years. Recently I have been told I can no longer feed th birds from my balcony. There is nothing specific in my lease regarding not feeding birds. What are my rights and how do I handle this situation?
Were you given a reason as to why you aren't allowed to feed the birds? Is it creating a nuisance for other tenants? Is it causing damage to the property? I would venture to guess that the landlord has some reason for asking you not to do it, and it is likely that reasoning is contained somewhere in your lease. Read your lease carefully, even if it doesn't specifically say you can't feed birds, it may have language such as not disturbing other tenants, not doing anything which may cause damage to the property, etc. Feeding the birds may have unintended consequences such as these.
If the landlord has not given a reason, ask for one. Ask them to cite which provision in your lease they believe you are violating by feeding the birds. If they can't tell you, then I would argue they cannot ask you to stop. If they can tell you and it bears a relationship to feeding the birds, then I would suggest perhaps they can ask you to stop. When in doubt, take your lease to a local real estate or landlord/tenant attorney for additional guidance. I hope this has been helpful, and best of luck to you.
I am licensed in the State of Ohio, posting a response to your question or issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights--or rights to recovery of damages.
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