I very recently signed a standard Arkansas realtor.com rental lease for a Missouri property that has a guest cottage, detached garage and pool, all on one meter for each of the respective utilities. I had already put down the deposit, first month's pro-rated rent and signed the lease before I found out that the owners want use of the guest cottage when they are in town to visit family.
The lease does not mention the cottage in any manner, the only definition of the property in the lease is "2. RENT: Resident is taking possession of the Property on (date)...".
The only other possible sections that I see in the lease that could affect us are "13. ACCESS BY MANAGEMENT: Management reserves and Resident grants to Management the right for Management, its agents, employees or the holder of any mortgage to enter the Property at reasonable times for reasonable inspection, repair and service to the Property, but at any time for the purpose of attending an emergency." and "25. SPECIAL CONDITIONS: Lawn care and pest control are the responsibility of the tenants. Pool maintenance is the tenants responsibility."
The management company did provide a copy of a fax addressed to the owner of the mangement company from the owners of the property that contained mention of use of the cottage as follows: "Cottage and parking - The tenants should understand that we may come totown and use the cottage two or more times a year, and would reserve a parking place near the cottage for our use while there."
Also not included in the lease but added to the fax: "Hunting - We do not want the tenant to hunt on the property."
From what little I understand the law, I do not think they can request any of this unless it is officially in the lease contract. I also do not believe they can exclude use of the cottage from us unless it is specified in the lease contract.
Section 441-005 Definitions.
Section 441-005 Definitions.
Missouri Revised Statutes
Chapter 441
Landlord and Tenant
Section 441.005
(3) "Premises", land, tenements, condominium or cooperative units, air rights and all other types of real property leased under the terms of a rental agreement, including any facilities and appurtenances, to such premises, and any grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant. "Premises" include structures, fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage;
Another question that I must ask, if I am right on my understanding of this how do I broach the subject to the property management without causing undue strain.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
The lease does not mention the cottage in any manner, the only definition of the property in the lease is "2. RENT: Resident is taking possession of the Property on (date)...".
The only other possible sections that I see in the lease that could affect us are "13. ACCESS BY MANAGEMENT: Management reserves and Resident grants to Management the right for Management, its agents, employees or the holder of any mortgage to enter the Property at reasonable times for reasonable inspection, repair and service to the Property, but at any time for the purpose of attending an emergency." and "25. SPECIAL CONDITIONS: Lawn care and pest control are the responsibility of the tenants. Pool maintenance is the tenants responsibility."
The management company did provide a copy of a fax addressed to the owner of the mangement company from the owners of the property that contained mention of use of the cottage as follows: "Cottage and parking - The tenants should understand that we may come totown and use the cottage two or more times a year, and would reserve a parking place near the cottage for our use while there."
Also not included in the lease but added to the fax: "Hunting - We do not want the tenant to hunt on the property."
From what little I understand the law, I do not think they can request any of this unless it is officially in the lease contract. I also do not believe they can exclude use of the cottage from us unless it is specified in the lease contract.
Section 441-005 Definitions.
Section 441-005 Definitions.
Missouri Revised Statutes
Chapter 441
Landlord and Tenant
Section 441.005
(3) "Premises", land, tenements, condominium or cooperative units, air rights and all other types of real property leased under the terms of a rental agreement, including any facilities and appurtenances, to such premises, and any grounds, areas and facilities held out for the use of tenants generally or the use of which is promised to the tenant. "Premises" include structures, fixed or mobile, temporary or permanent, vessels, mobile trailer homes and vehicles which are used or intended for use primarily as a dwelling or as a place for commercial or industrial operations or storage;
Another question that I must ask, if I am right on my understanding of this how do I broach the subject to the property management without causing undue strain.What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?