Tenant seeks legal help after receiving absurd, late-notice request from landlord: 'Her insistence that I can't have any seems unreasonable'

A California-based renter recently took to Reddit requesting advice after their landlord told them to remove plants from their rental property. 

According to the renter's post on r/AskALawyer, the landlord recently asked the renter to "permanently remove" plants from their deck atop a carport with just two days' notice. The renter detailed how the outdoor space was "rickety and suffering from water damage" before they leased the property. After the renter complained, the landlord sent a worker to make superficial repairs, but the deck's structural integrity "remained poor."

After moving in, the renter said they asked to put plants on the deck. The landlord allegedly expressed a "dislike for plants" but said "a few" were allowed.

"Since then, I have built a lovely collection that is definitely more than [my landlord] would like," the renter wrote. 

The landlord recently told the renter a person would be coming to fix the deck and that they would have to remove all the plants, citing them as "the cause of the damage."

"I disputed that, noting my initial note when I moved in since it felt like she was laying the groundwork for keeping my deposit when I moved out," the renter explained. "I understand her wanting me to have fewer, lighter plants — but her insistence that I can't have any seems unreasonable, as does the short notice. The patio is included on the lease, and there are standard provisions for barring belongings that cause damage." 

The renter asked fellow Redditors for advice on whether the landlord can require them to get rid of the plants on short notice, along with what a "reasonable amount" of plants would be. 

This situation echoes a broader problem affecting renters across the country. Many renters report their landlords preventing them from adopting eco-friendly lifestyle changes, like keeping a pollinator-friendly, plant-filled balcony. These restrictions often include policing lawn and gardening practices, but landlords have also been caught prohibiting simple green solutions like clotheslines and electric vehicle charging stations.

Commenters on the post encouraged the renter to take the landlord's claims about the damage seriously — and gather documentation refuting them.

"I would ask the landlord for a copy of the report from the inspection that determined that the plants were the cause of the damage," one commenter suggested. 

Another added, "Agreed. Put the burden of proof [on] her. Make sure the company she used is reputable."

Another commenter advised about the renter's beloved plants, unfortunately saying their outdoor urban gardening days may be over if they continue to live in their current apartment.

"Unless it's in your lease that you can't have plants, you can have plants," a commenter wrote. "As far as keeping them on [a] rickety carport, I would remove the plants from there. [The landlord] is on notice about the poor condition, but so are you. There could be liability for you as well since you know it's not weight-bearing and you put weight on it."

The commenter also suggested keeping records about the condition and repairs to the deck so the renter can protect themselves from any landlord retaliation.

Join our free newsletter for easy tips to save more and waste less, and don't miss this cool list of easy ways to help yourself while helping the planet.