By Helene Lesel
Q: My lease limits the items to two chairs and a table allowed on any balcony. The other day I received a notice stating that I was out of compliance and that within 48 hours management would enter my unit and remove any non-compliant items from my balcony. Can they do this?A: There are three issues here: right of entry, right of removal, and right to control what's on the balcony. As for entry, most states have specific laws that govern landlord entry, which is usually limited to common-sense reasons, such as showing the unit, making repairs or in case of emergency.
Decor removal? Checking with several sources, none felt removal of private property was allowed. The worst-case scenario would be management serving you a three-day notice "to perform covenant or quit" for violating lease terms, along with threatened eviction or legal proceedings as a result of your misdeed. As for the choice of balcony decor, the lease can limit the items allowed, and violating the decor rule could result in a three-day notice as well.
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