Legal Question in Landlord & Tenant Law in Louisiana

Can my landlord keep changing rules that are not in the lease?

I live in a mobile home park and pay monthly lot rent. I got a letter on my door telling me that I can no longer have a portable basketball goal in my yard. The landlord is giving me 4 days to remove it. There is a park playground on site, however, all of the equipment is broken and there is always a ''bad crowd'' hanging out there and I feel that it is unsafe for my child. The lease does not state that I cannot have the basketball goal in my yard and the basketball goal has been there for 2 years or more. Can the landlord make me get rid of the goal? If so, doesn't the landlord have to give me more than 4 days?


Asked on 6/05/03, 11:19 pm

1 Answer from Attorneys

James Morton Taggart Morton

Re: Can my landlord keep changing rules that are not in the lease?

You have two issues here, which are the practical and the legal. From a legal standpoint, if the lease is silent on a prohibition to place a basketball goal on the property rented, you probably have a right to do it (a careful review of the lease would be required before I could state that definitively).

The practical issue is that the landlord may simply be able to solve his problem by cancelling your lease when it comes to the end of the term. I suspect the term of your lease may be a year at most, and possibly month to month. In that case, if you draw a line in the sand regarding the basketball goal, the landlord can retaliate by simply not renewing the lease and forcing you to move when the lease term is up. You may have to weigh the hassle of moving when the lease term comes to an end with removing the basketball goal.

You might try to convince the landlord to allow the basketball goal to stay for the reasons set forth in your question (unsafe alternative areas to play), but it sounds like that will not do the trick. I seriously doubt you have unlimited options to renvew the lease (again, a review of the lease would be needed to determine this), so the landlord is likely holding a better hand on this matter. I'm sorry the news is not better.

P.S. I don't think he can force you to remove it in four days. If you decide to take it down, let him know and do your best to have it removed in a timely fashion. It's still possible the landlord will not renew the lease, but if you are a good paying tenant, he also may want to keep you.

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Answered on 6/06/03, 9:42 am


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