Posted by Bryan Kander on August 08, 2005 at 17:37:54:
Thanks everyone…you have all been very helpful. 
understanding a clause in a lease agreement. - Posted by Bryan Kander
Posted by Bryan Kander on August 07, 2005 at 10:59:30:
I want to install a window mounted AC unit in my bedroom because the central AC is terrible. My Landlord says that I can’t because of this clause. Is he lying to me? because I think he strictly because he doesn’t want to see the electric bill go up.
8.Alterations and Improvements. Lessee shall make no alterations to the buildings on the demised premises or construct any building or make other improvements on the demised premises without the prior written consent of Lessor. All alterations, changes, and improvements built, constructed, or placed on the demised premises by Lessee, with the exception of fixtures removable without damage to the premises and movable personal property, shall, unless otherwise provided by written agreement between Lessor and Lessee, be the property of Lessor and remain on the demised premises at the expiration or sooner termination of this lease.
AC’s, alternations, improvements … - Posted by Frank Chin
Posted by Frank Chin on August 08, 2005 at 08:06:18:
Bryan:
I have such clauses in my leases, and I’m also careful about tenant’s putting AC’s in. I don’t provide “central AC”, and I stopped installing AC’s in some tenant units, so tenants had put them in. Several issues:
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Got a guy installing an AC, using a 2x4 outside the window to level it, and had newspapers on top of the 2x4 to give it extra height. Told him it looks like sh*t, but he kept it that way, facing a busy street for several years.
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Other tenants don’t level the AC correctly, and we had floorboards, and window sills damaged by water.
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Here in NYC, it is the landlord’s liability if an AC falls out a window, and injures someone, even if the tenant installs it. There are AC installation services that a landlord can hire in NYC and the liability would be shifted to the service if their installation results in injury. But I could only make a decision to hire them if the tenant notifies me that he’ll be installing an AC.
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Tenant’s of mine have not strictly adhered to my "no alteration policies, so on moveout, I had…
a) A tenant who painted all my doors black. Contractor said it’s cheaper to replace the doors than to sand it down. Tenant’s reaction, “the doors were old anyway”. Finally tenant agreed to reimburse $50.00 TOTAL, and I paid about $80.00/door, and had five doors replaced.
b) Tenant installed new bathroom light, but used extension cord wires inside the walls, which could’ve resulted in a fire with a short circult.
c) Tenant verbally told me he’s replacing my ceiling lights with ceiling fans, but will take the fans with him when he moved. After moveout, the ceiling fans were gone, and I had wires coming out of the ceilings where the lights were. Had no security deposit since he didn’t pay the last three months rent. Long story, but we decided NOT to sue, even though he moved because he bought a house.
d) Tenant installed roof TV antenna without notifying me, resulting in a snapped air vent on the roof. They tried to anschor the antennae to the pipe. I already had one on the roof which he discarded, and I didn’t climb on the roof (no reason to) to check things out during moveout, and we only knew about the problem when the new tenant attached his TV to the antennae cable, and there was no picture. I had to repair the air vent, and hired a service to install another antennae as I told the new tenant that the antennae was included.
I got more stories like these, but you can see why some owners can be sticklers.
Frank Chin
Thanks Guys…My only other question is… - Posted by Bryan Kander
Posted by Bryan Kander on August 07, 2005 at 16:36:12:
the term “…other improvements on the demised premises…”
I know my landlord is going to attempt to make the case that the line above is supposed to cover his ass for things such as window AC units. Does he have a legitimate argument? And if he tells me I can’t install the AC, what course of action should I take to fight it, or should I just install it and wait for his next step? Can he legally do anything if I simply install it? and what course of action would he have to take to legitimize he argument?
I’m sorry for asking so many questions, but my landlord is being such a jerk, and it has nothing to do with damaging the property, it’s all because he doesn’t want his electric bill going up.
Re: understanding a clause in a lease agreement. - Posted by Tom-FL
Posted by Tom-FL on August 07, 2005 at 16:22:45:
It’s right there:
“with the exception of fixtures removable without damage to the premises and movable personal property”
Window air conditioners are “removable without damage to the premises” and are “movable personal property”.
Re: understanding a clause in a lease agreement. - Posted by Brian (UT)
Posted by Brian (UT) on August 07, 2005 at 11:43:28:
Bryan
I was once a tenant with a similiar clause in an extremely hot area, the unit had a heat pump but it didn’t really cool the bedroom. I bought a window unit and installed it in such a manner that the building was not even scratched. The landlord had a fit but I just kept asking him to put it in writing as to exactly how I violated the lease but he couldn’t.
I preferred it this way, because the unit didn’t become part of the building and remained my property to take with me. Plus nowdays there are some decent portable units available and you don’t have to install anything.
Brian
Re: AC’s, alternations, improvements … - Posted by Natalie-VA
Posted by Natalie-VA on August 10, 2005 at 07:51:29:
Hi Frank,
At a recent REI meeting, they had an attorney speak who specializes in landlord/tenant issues. He did a slide show of what tenants have done to people’s properties. This one place had 4 inch holes bored at the bottom of ALL of the interior doors. He needed for his ferrets to have full access to the house!!
–Natalie
Re: Thanks Guys…My only other question is… - Posted by JohnBoy
Posted by JohnBoy on August 09, 2005 at 14:11:12:
A window AC is not an improvement to the property no more than having a TV or stereo or stove or frig or microwave is an improvement. They are all removeable items that are not “attached” to the property. Items that would need to be “attached” to the property are considered improvements. If you installed a ceiling fan that would be an improvement because that requires being “attached” to the property. A window AC that only requires to be sitting on a window ledge is not an improvement. It’s a removeable item just like your furniture is removeable items.
That clause holds no argument on behalf of your landlord’s case. There is nothing he can do about it if you chose to stick a window AC in the window as long as it didn’t require attaching anything to the structure to secure it. Such as having to attach brackets to the building to support the AC unit so it doesn’t fall or rip out the window in some way. As long as it is freely sitting in the window then there is no improvemnet to the property.
What can he do if you do it? NOTHING! He can cry about it. Threaten to do something. But he would have no case to enforce anything as being a violation of your lease. That clause has no bearing on this matter, period!
Now what he can do is refuse to give you a new lease when your current lease expires. So be prepared to find a new place to live once this lease expires. That is the only thing can do about it. Either refuse to renew your lease or he could raise the rent to cover the added cost for utilities when it’s time to renew your lease. Other than that there is nothing else he can do about it.
Re: understanding a clause in a lease agreement. - Posted by Bryan Kander
Posted by Bryan Kander on August 07, 2005 at 11:59:37:
Brian
Thanks for your input.
The 1 line in the clause that worries me most is the first line. “Lessee shall make no alterations to the buildings on the demised premises or construct any building or make OTHER IMPROVEMENTS on the demised premises without the prior written consent of lessor…”
Does that line just concern fixtures, because, in agreement with you, I don’t see how a window mounted AC unit (which to me, is similar to plugging in a large fan) has anything to do with the clause itself. It isn’t an improvement, it is mere necessity because of how hot my room is.
Here is my situation, My buddy (former buddy) is the landlord of the house in which myself and another friend rent rooms. My landlord isn’t concerned with damaging the house, he is concerned with the electric bill. My room gets terrible AC and he refuses to turn down the thermostat. I pay a fixed rate, so installing the window mounted AC will have no bearing on my wallet, only his. And that is why he is giving me such a hard time. But I see nowhere in the lease that says that I can’t install a window AC unit. This is the only clause that would effect my outcome. I posted here to simply get input on whether this clause reads how I interpret it or is, in actuality, my landlord right.
That’s a funny one … - Posted by Frank Chin
Posted by Frank Chin on August 12, 2005 at 07:00:43:
Natalie:
I thought it was bad that tenants chop large holes in the walls to run phone wires and cable wires room to room. But for ferrets??
Frank Chin
Re: understanding a clause in a lease agreement. - Posted by Brian (UT)
Posted by Brian (UT) on August 08, 2005 at 13:28:08:
Bryan
Here is how I look at that clause and keep in mind that I’ve been a landlord. Of course local laws have a say, but in the states I’ve owned in this is how I would view it.
Shall make no alterations to the buildings. Your not altering the building
Construct any other buildings. Your not constructing any buildings.
Make other improvements. I believe the courts would not enforce this per se and interpret this wording in favor of the tenant (court generally lean in favor of the one who didn’t create the contract) because I would say that it is to be read as physically improving the premises, and this is in the catagory of adding a large screen TV if installed in such a manner as to be bacically free standing.
Without permission in writting. In the states I’m familiar with the landlord cannot withhold permission unreasonably and the desire to be comfortable in your residence is not unreasonable.
Now I have a flaw in my character, I’m the type to tell your buddy screw you, if you don’t like it we will have a judge decide. At the least you could be sure I would purchase one of the new portables and turn the room into a refridgerator and of course I would need 24 hour a day lighting ,etc.
You don’t say if this is a long term lease, if not just move, you won’t miss your ex-buddy and he won’t miss you, after he finds a new tenant who will probably complain about the temperature and he will have someone new to fight with.
Brian
Re: understanding a clause in a lease agreement. - Posted by Sailor
Posted by Sailor on August 07, 2005 at 14:41:39:
Sounds like it isn’t the lease, just the extra electricity. Some ca$h every month should resolve the problem. If it was just the A/C you could put a reverse fan in the window of another room & leave only your window open. The air influx resulting would be just like a wind scoop on a sailboat.
My advice is to effect a solution, not remain in a locked-horns situation–
Tye