Legal Question in Landlord & Tenant Law in California

Renters rights

Can my family and I be evicted for putting a trampoline in the backyard of our renta even though the rental agreement does not state it?


Asked on 5/13/07, 1:32 pm

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Renters rights

Also, are you in City that has eviction controls? Those that do [Oakland, Berkeley, San Francisco]specify what can be the basis for eviction, and it is normally a very narrow list. Why don't you call the landlord and see what his position is and if he would allow it if you folded it up when not in use, kept access limited to your family members, had sufficient liability coverage for any accident. As stated, any attorney would advise the landlord to say no, but you can try and if you wait for the landlord to find out by seeing it is use you insure a definite no.

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Answered on 5/14/07, 2:46 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Renters rights

If it's an apartment house common area, perhaps. They should issue a 3-day cease and desist letter. If it's a private house, probably not, depending on your lease. Again, if your use is disturbing the neighbors during late night or very early morning, perhaps. All depends on the circumstances.

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Answered on 5/13/07, 1:46 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Renters rights

Interesting question. Let's assume it is not covered in the lease. General rule of law: tenant rents the premises, including the grounds. If it is an apartment complex, and neighbor's privacy rights are ignored, probably not. If it is a house, maybe okay, unless noise and evening use bothers neighbors. Also, a question of liability. There have been many serious injuries caused by tempolines (similar to swimming pools) and may be what is legally called an "attractive nuisance". Question? If a serious injury occurs, who is reponsible...you or landlord? I would invite you to put the matter in writing, if landlord says yes. And, I would suggest that landlord refuse, if I were his attorney. The law clearly says that an eviction for maintaining a nuisance is within his rights. However, I can't find a California case that says a trampoline is a nuisance. Therefore, my advice is to avoid the trampoline issue, unless you are prepared to move or fight landlord in court.

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Answered on 5/13/07, 2:01 pm


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