Lease Violation or no?

[Pcrane06]

I live in Lorain OH and recently got 2 hens for laying eggs. I've had them for about 1 month. I upcycled a cabinet for a coop and built an attached enclosed run (with no footers) that is about 2.5x5.5' in size. I am at a rental property and have a pet, so I put down the pet deposit for my cat when I moved in a while ago. The lease does not say anything about permitted # of pets or type of pets. The coop and run are technically not on the property- they are on the easement/alley right on the fence line. My county has very loose/in flux ordinances about chickens. Basically, they're fine as long as there is no rooster and not too close to a building (based on what people have said). 2 properties on my street have backyard chickens too. My property manager just messaged me saying "the owner stopped by and was disappointed to see chickens. Are they yours?" I responded with some of the above information and stated I did not think I was in violation of the lease. In effort to be forward thinking, does the owner have any say about the hens being considered pets, or anything else in violation of the lease, especially since they are just off the property line?

 

[Brooks_]

If not a violation, it sounds like it has put you on the radar for any violation. Also, not being on the property, a call to county animal control could have them removed pretty easily.

In addition, the coop/run is too small.

 

[rosemarythyme]

Back when I was renting I was adamant about including everything bigger than a goldfish on my lease, i.e. hamster, rats, an indoor bird. We only had to put down a pet deposit on the dogs, but I still made sure any smaller animals were included so there would be no issues if the landlord checked in.

 

[Geena]

As a landlady I would consider that a violation of the lease. As much as we love our chickens they are still considered to be livestock, not pets. It's always best to ask first, they might have given you permission.
One of my tenants in town had a pet rooster, I didn't mind but the city got on him PDQ.

 

[saysfaa]

I would also consider that a violation of the lease. Not because chickens are usually considered livestock but because paying a pet deposit for one cat means the tenant can have one cat. It doesn't mean they can get more pets (without at least notice) whether they are chickens or dogs/cats/pigs/ferrets/etc.

Also property owners own the property under easement. An easement gives another person (or other people) a right to use a part of a person's property in a designated way (usually crossing it or running utility lines or pipes across it); it doesn't take the ownership away.

 

[IdyllwildAcres]

Chickens are not in the lease, so it is a violation.

 

[Red Mangrove]

I sincerely recommend not hiding chickens or playing legal games with one's landlord, however given that you already committed to such action I recommend to keep going forward

If the lease doesn't specify animals or quantity then you should be fine. I would simply tell the landlord to direct all inquiries to your attorney

 

[Geena]

I've never seen a lease that didn't specify what animal the pet deposit covers. That in itself - one cat = one $ deposit - covers what is allowed as per the lease. Just because it doesn't go on to list what animals or number of animals are not allowed doesn't mean a thing, because the "one cat" is by implication the entire scope of the agreement.

 

[IdyllwildAcres]

direct all inquiries to your attorney

That is horrible advice, if I had a tenant tell me that I would not renew their lease.

 

[Red Mangrove]

That is horrible advice, if I had a tenant tell me that I would not renew their lease.

I couldn't possibly care less. I've had bad property owners in the past and good ones. Unfortunately the bad only understand when an attorney gets involved

Humans are so arrogant that when they rent something to another human they demand to be called "lord"