If my lease does not state that I can’t have an exercise bike on my carport, can my landlord make me move it?

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If my lease does not state that I can’t have an exercise bike on my carport, can my landlord make me move it?

The floor on our front porch is rotten and he isit fixing slowly. He’s just patching it up with fiberglass. I am afraid to put the exercise bike on the porch and have it fall through the floor. I have no where else to put it.

Asked on March 18, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

By "on your carport," presumably you mean on the carport's roof. In that case, then even without a restriction in the lease, the landlord can probably prevent you from putting the exercise bike up there. The landlord may not prevent you from using the property in any ordinary, reasonable way (unless such restriction was in the lease)--but may ban usages which threaten damage to the property and/or put the landlord at any unreasonable risk of liability. A carport roof is not designed for this purpose; there is too great a chance of the roof breaking under you, or of you falling off it. Since this is an unreasonable use possing risks of damage and liability, the landlord most likely can prohibit it.

 


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