Removing my Impeach Bush lawn sign.

[jeanarrett]

My landlord called me this morning and informed me that I must remove my "Impeach Bush" lawn sign from my my front yard. It's been there about three months now and I live right on Main Street, so it gets a lot of play. According to my Google search, he's a heavily contributing Repug around these parts. I'm wondering how to get around this. . .

On edit: He claims it states in my lease that I'm not allowed political signs. Guess I'll have to dig up my lease when I get home and check out what it says.

[sinkingfeeling]

1. Read your lease. If you didn't sign over your right to free speech, you

might be able to keep it.

[Vincardog]

2. Do you have a street facing window?

[Kingshakabobo]

3. Is it a single family home? Is there any relevant stipulation......

.....in the lease?

[GliderGuider]

4. paper trail

You could ask for the request in writing.

From there, maybe someone else here can advise you on your state's landlord/tenant laws.

[hobbit709]

5. Unless there's something in your lease

He can't say diddly. Even then there's still the issue of your rights.

[Richard Steele]

6. What LEGAL obligation do you have to obey your landlord's orders?

Is there some clause in your lease that surrenders
your First Amendment rights to this guy?

[Rainscents]

7. Move out when lease is up.

[jumpoffdaplanet]

8. Ask him where in the rental agreement he has control

over your political speech? Have him point it out specially.

[porphyrian]

9. Yep, read the lease.

Keep in mind that, even if there's nothing about lawn signage, they can probably raise the rent or otherwise make you move within a month or two, depending on how the lease is worded and what renters rights are in your state.

[Selatius]

10. I'm not sure he can do a thing about it (Read the lease contract)

His name is on the deed, but you live in the residence.

Check your rent contract. Does it mention anything about lawn ornaments and signs? No? Then I doubt he could do anything about it except come over onto the property and rip it down, but he might invoke another part of the lease to remove you.

[AndyA]

11. Check your lease for any clause regarding external appearance of

the property. Some leases prohibit anything other than a white appearance from windows (no aluminum foil), and restrict what may or may not be stored outside the structure. I'm not sure where a yard sign would fit in to this, but look to see if there's anything specific, since I gather he didn't tell you you were in violation of any particular clause.

Do you care for the lawn yourself, or is lawn care provided by the landlord?

[Rabrrrrrr]

12. Put it in your window. My lease allows for nothing in the yard.

No signs, play equipment, furniture, etc. in the lawn. If I take them out to use for a while, that's fine, but I'm not allowed to put anything in a permanent, or even semi-permanent, way.

Where I am, it makes sense, because of needing all the shit out of the way for the yard maintenance guys.

But, you'll have to check your lease.

[xxqqqzme]

13. check your lease,

you are entitled to 'quiet enjoyment' as a tenant. Unless it is clearly stated, your landlord is interfering w/ your quiet enjoyment and use that phrase, it will have him calling his attorney.

[berni_mccoy]

14. If it IS in the lease, please post the relevant language here

I'm sure there are plenty of lawyers here who would find a loophole of some sort.

For example if it says no political signs on the lawn, well, put it in the driveway.

In most cities, the land-lord doesn't control the rules of property a certain distance from the road (like 5-10' from the road). I bet if the stipulation of no political signs IS in your lease, you could put it there and it'd be out of his jurisdiction.

Even if it is in the contract, it may not be something that defaults the contract (and thus becomes something he could evict you for).

Can't wait to see what it says...

:popcorn:

[WI_DEM]

15. You could put it in your apartment window I would think

but since it is his property he may be within his rights to request that you remove the sign from the grounds.

[jeanarrett]

20. As an update. It is a single family home.

I have a two-year lease. I am responsible for all yardwork, upkeep on the lawn, etc. He is responsible for the repairs to the house itself. He states that it is "addendum 5" to the lease. I'll have to check when I find it and I will post what it says.

I don't believe he owns from the sidewalk to the middle of the road. This would fall under township jurisdiction, so I could put it there. This is a small village and it is not incorporated, so I don't know if they would make me move it, however, some motorist might.

I actually work for a large law firm so I think I will check into this. I doubt if he could throw me out of my two-year lease for having a yard sign he disagrees with. For the record, he is a savvy businessman. He owns many properties around me, with the exception of a few holdouts who won't sell to him, with his ultimate plan being to raze everything and put in condos or a strip mall. He's been buying up every available property around me for that purpose. It's been a rumor for a long time.

[mwooldri]

27. Hmmm... could some of the lawn be made a flowerbed?

I don't know the lie of the land etc, but hey... do it with flowers!

Mark.

[helderheid]

16. I believe you have the right to "quiet enjoyment" which should allow you

to not be harrassed by your landlord - I'll do some googling.

[helderheid]

18. this may help you:

http://www.meislik.com/articles/art02.htm

[cboy4]

17. I think your sign is GREAT! -- But let me play devils advocate for a

second.

If I rented my house, I absolutely would not want an anti-Kerry swift boat attack sign or a "God Hates Fags" sign sitting in my front yard for three minutes, let alone three months.

The problem is you don't own that property......but hey, read your lease.....you may have the right to keep your terrific sign!! ;)

[helderheid]

19. "covenant of quiet enjoyment" may allow for the sign to stay.

[jeanarrett]

24. I agree with you, but he has never lived there.

Read my post above--he just buys up property and rents it until he gets all he needs for his other plans.

I have never even met the guy or seen him in person. I do all my business through his property manager.

[Marie26]

21. Unless it's specified

in the lease, he can't make you remove it, & can't evict you because of it. Check the language of the lease - does it mention anything about lawn ornaments, or signs?

[bleedingheart]

22. Do you have a big window? How about some innovative drapes

get some sheets and stencil "Impeach Bush" on it and hang em as drapes...

[jeanarrett]

25. Unfortunately, it blows a hole in my July 4th plans.

We are right on the main parade route and I was going to go all out! I have a huge front porch and was going to hang banners, etc. I may still do it as it will only be for one day. Like I said, the guy never comes around. I've never even met him.

[w4rma]

28. I say, take it down, don't contact him at all. Then go all out for the 4th

of July, before he has anything in writing for you then take it all down on the 5th. Then fight him. I think he chose this time to tell you because he was concerned about the parade.

Of course, research everything in the meantime.

[Generic Other]

38. He thinks your sign will spoil the parade

I say you have a 4th of July party with a whole bunch of signs. You and your friends can do your part for the parade. "Woo hoo." Take pictures. Bring food. Have a blast.

He's gonna evict you eventually anyway, so he can put his master plan for small town domination into effect. Who cares what he thinks of you? And if he goves you shit, it'll take him forever to get rid of you. Tenants have rights too.

In the meantime: Protest party 4th of July at Jean's house. Bring chips and something to drink!!

:party: :patriot: :yourock:

[jeanarrett]

42. You're right, come on over! I'll be roasting the piggy.

Sorry to all the non-meat eaters out there!

[melissinha]

31. Idea: have front yard BBQ on 4th

Put Impeachment on your clothing....

[Generic Other]

41. Party! Party! Woo Hoo!

You need more signs Jean!! More signs!! And balloons. Yahoo. A parade! A parade!

Make yourself one of these with an old hula hoop:

[jobycom]

23. You can't sign away your rights, so your lease wouldn't matter.

At least in Texas.

This comes up in homeowners' associations all the time. Many have anti-sign ordinances. These are not enforceable when it comes to political signs. The right to free expression is a basic right, and no one can sign away their rights.

There was a specific ruling on this, but I can't remember if it was the Texas Supreme Court or the US Supreme Court. You could Google and find out with a bit of creativity.

Since you're leasing, though, you might want to consider if it's worth the fight.

[onenote]

29. I don't think you are right about this

Generally speaking, I believe that the courts have upheld deed covenants and other restrictions imposed by home owners associations on the display of political signs. As a result, it has required legislative action by the state to override these restrictions. I'm pretty sure that is what happened in Texas. http://www.wba-law.com/Unique_Practice_Areas/Political_Signs/

Moreover, keep in mind that these cases/laws involve situations where a homeowners association is restricting what a property owner does on his/her property...not what a property owner imposes on a renter. The ability of a renter to challenge a lease provision that restricts the placement of signs on the property would be more tenuous, I suspect. Again, the key will be the specific terms of the lease (see posts above regarding quiet enjoyment right).

[jobycom]

34. Not on signs, not in Texas. SCOTUS 1994 Ladue v Gilleo ruled

that a town could not enforce ordinances against political signs. The ruling did not apply to deed restrictions specifically, but it was tested at a state district court in Harris County, Texas (Houston area).

"Recently, a Harris County District Court ruled that a covenant prohibiting the display of temporary political signs was unconstitutional (DuBose v. Meyerland Community Improvement Association). The judge wrote, “The U.S. Constitution does not end where deed restrictions begin.” "
http://recenter.tamu.edu/TGrande/vol7-4/1434.html

I can't find anything about leases.

[bdamomma]

26. is your landlord one of bush's pods

Invasion of the Body Snatchers.

[deaniac21]

30. Life is much more interesting when you do things like piss the

landlord off. Go Get HIM!

[NV Whino]

32. Put the sign on your car

and park the car in your driveway.

[Cha]

33. I admire your chutzpah..

Amazing that it stayed there for 3 months!

Good Luck with getting "around it"..where there's a Will there's a Way!

[helderheid]

35. What state are you in? I am telling you, Covenent of Quiet Enjoyment

should save you from taking down your sign.

[jeanarrett]

43. I'm in Michigan. I'm gonna ask one of my lawyers tomorrow.

[helderheid]

44. I have my real estate license and they went over this law - it's on your

side. :)

[wicket]

36. Please keep us updated!

:kick:

[paparush]

37. Post it on the side of your house..

Post it on your chimney
Hang it in a tree
Hang it in a picture window
Attach it to the trunk of your car

[Booster]

39. Do you have a sidewalk with a little space between it and the

street? Here in CA that little stretch belongs to the city, although I guess the city could demand that you remove the signs. I really doubt that your lease says anything about political signs; if it does, I would be amazed that he thought of it.

[zulchzulu]

40. I'd leave it there and see if he tries to kick you out because of it

If you have any ways of recording him, have that at the ready when he stops by to ask you to remove it. Then sell the footage to your local TV news...

[helderheid]

45. Another site for you - has local links

http://www.realestatelawyers.com/Landlord-Tenant-Law.cfm

[SammyWinstonJack]

46. LOL! I have leased plenty of times and I never ran across that.

What an odd stip. to be placed in a lease agreement. Very strange. Bet he wouldn't have a problem with a bush/cheney'04 yard sign. :think:

[ikojo]

47. In some areas political signs are allowed only within a

few weeks of an election. Google Gilleo v Ladue...Margaret Gilleo, a resident of the wealthy suburb of Ladue, MO, had a sign opposing the FIRST Gulf War. The City of Ladue told her she could not have signs in her yard. She challenged them all the way to the Supreme Court and won.

But since your sign says Impeach Bush it may be construed as being political whereas Ms Gilleo's sign was not seen as political but rather as a message sign.