Landlord problem - What do you think?

[reefslife]

I have moved in here for about 8 months, yesterday the landlord came up and told me that he "thinks" that the fish tank is too heavy and will make serious damage to his home, he is now asking me to remove the tank.

FYI, I live at the 1st floor, the tank is a 120G 4x2x2 sitting at the corner. I advised that it is sitting on few beans that will be ok, but he says no. When my tank was on the 2nd floor at the previous address which didnt have any problems too, I dont think it will have any problem here.

When I walk by the tank, nothing is shaking at all, stays firm! I have another 1&1/2 year lease here, can he do anything of kicking me out with this matter? What will you do?

Thanks..

 

[duke62]

unless its in the lease that states no pets there isnt muc he can do i believe

 

[reefslife]

Well.. Im not sure if fish is consider pets, on the lease I remember its say no pets, but he allows me to have dogs.

 

[duke62]

fish are considered pets

 

[ClownAquatics]

Here is what you do have the home evaluated by a contractor or engineer for structural integrity. Have them sign off on an official report, if the report states that your tank poses no risk or issues to the integrity of the home he probably won't see issue with the tank.

 

[dannyny]

keep corals only. no fish therefore u dont have a pet in there?

 

[BaaMNYC]

My suggestion is to work with your landlord and not try to argue technicalities and loopholes with him. If he's uncomfortable with a fish tank in his property. It is a legitimate concern. Find a way to relieve his concerns. And convince him it's ok. Like someone else stated get a professional to provide proof its safe.

You don't want an angry landlord nitpicking at everything or finding ways to get you out, Enforcing parts of the lease he was lenient on up to now.

My two cents.

 

[Weicowireman]

Try to work it out with him. He is the landlord and he does have keys to come in at night or when your not home and destroy your tank and make your life living hell. Use the contract as your last resort if all else fails. Did you tell him about the tank prior to moving in?

 

[Alex]

If your lease says no pets and he has allowed you to have your dogs, then don't become his worst nightmare. He can make it difficult and a hostile living place is the last thing you want or need. As stated fund a way to relieve his anxiety. Get a structural engineer with his approval to do an analysis of the situation. Good luck

 

[JonnyJ]

+1, Get a qualified person to come check out for stability. If once its proven that it is fine and wont cause damage and he still wants it gone, then you can be sure that there are other reasons he wants you out and i would do as he says.

 

[thirty5]

Do you carry rental insurance???

But even if you did if the lease says no pets and you have an aquarium they may not cover you in case there is a problem.

I would do as people say above, get someone to come and look at it. You may not need to go as far as a structural engineer.

A contractor should be able to reassure the landlord that there is no issue.

 

[tosiek]

If your landlord has allowed your dogs for 8 years I would talk with him and see what his issues and concerns are and work from there. There shouldn't be a need to whip out the lease and start arguing technicalities unless there is a reason to. If he's worried about structural stability or leaks or anything else he has every right to be worried, he does own the building. This isn't anything that can't be fixed with a professional opinion and since he has let you keep the dogs for 8 years i doubt he will give you major problems.

Also, this isn't a valid issue in regards to kicking you out, courts will rule that you shoudn't have to move but will not be able to keep any pets as per the lease and he has to offer you a lease renewal regardless of what the court mandates. Sadly, landlord/tenant laws greatly favor the tenants. Its nearly impossible to get rid of a tenant even under extreme circumstances. For those people complaining about a nightmare landlord, I have a ton of nightmare tenant stories. At least the tenants have the option of moving away from the landlord, if you have a terrible tenant your stuck with them until they move out which could be never.

 

[cono]

his is very true i had a tenant of hell
i told them no pets and in the middle of the nite they snuck in a 180 gallon turtel tank . then the fun started i had floods as far as my basement ( with one inche of water ) not only one time but it was like a fix they had everytime we left the house they wanted us to get water. They destroyed my bathroom and my basement ceilng. and i was lucky i got them out in 9 months ( they didn't pay rent for that long ) and plus it cost me around 6 grand to get them out . Plus damages

 

[piranhapat]

It doesn't matter about what lease says about pets. If your talking about safety. But if lease say no pets that means dogs and cat. Which means you can have fish tank. This what I was told. But is it right thing to do. What about selling me your Tank. You can buy smaller tank?

 

[Arati]

if the basement is unfinished below your tank, just goto home depote get 2 2x6x8ft and 2 lolly collums and set them up under your tank.

game over 100$

 

[NewfiDog]

Its not about having pets, its the weight. I think he has every right to be concerned.

 

[FlyPenFly]

If it's a corner facing an outside wall it should be structurally sound if it's a good building. Hire a home inspector.

 

[strgazr27]

It doesn't matter about what lease says about pets. If your talking about safety. But if lease say no pets that means dogs and cat. Which means you can have fish tank. This what I was told. But is it right thing to do. What about selling me your Tank. You can buy smaller tank?

Not true. Fish can and have been considered pets in lease situations. It depends really on what happens or who the situation is handed to. Ask him
If you had someone qualified to give an assessment of the tank and building and it was deemed safe could you continue to keep the tank. If he says no ask him if its the size of the tank or having the tank itself. A downgrade could make both parties happy. If not your out of luck. Tough but that's the reality.

 

[bkstang]

If the landlord allows a pet at the apartment even though the lease says "no pets", the tenant should ask for an amendment to the lease that states so, otherwise if the case go to court, the tenant looses.

 

[strgazr27]

It doesn't matter about what lease says about pets. If your talking about safety. But if lease say no pets that means dogs and cat. Which means you can have fish tank. This what I was told. But is it right thing to do. What about selling me your Tank. You can buy smaller tank?

Not true. Fish can and have been considered pets in lease situations. It depends really on what happens or who the situation is handed to. Ask him
If you had someone qualified to give an assessment of the tank and building and it was deemed safe could you continue to keep the tank. If he says no ask him if its the size of the tank or having the tank itself. A downgrade could make both parties happy. If not your out of luck. Tough but that's the reality.