🚀 go-pugleaf

> srt@zaphod.csci.unt.edu (Steve Tate) writes:
>Mark Brown (mbrown@austin.ibm.com) wrote:
>the walls goes, I don't think you have the right to "check up" on
>your tenants to see if they are doing that, unless you have other
>substantial reasons to feel they are doing so.  You do have a right
>to sue them for damages, but I don't think you should have the right
>to look over their shoulder to make sure they're "being good".

Do I have the right to protect the value of my property? Do I have the
right to do preventative maintenance? Can not the tenant *agree* (via
signing a contract) to periodic inspections?

You want to strip me of my right to protect the value of what I own,
merely because I use it in my business (which is renting it to others).
The people who wish to use it agree to certain conditions. You want to
make it so I have no say in those conditions.

>And I will make a strong argument that there are rights that a person
>has in their home, and it should not be possible for ANYONE (government,

It isn't *their* home. They are paying to use someone ELSE's home. It
doesn't become theirs merely because they are renting it. Does a car
become yours when you rent it?

>private citizens, or yes, even the property owner) to violate.  The
>property owner, of course, wants to retain as many rights as possible
>to their property.  It's perfectly valid for laws to restrict what can 
>and can not be in a lease --- guaranteeing basic rights to all citizens
>can and should be a major role of government.

Yup. I do agree with this. We agree on something! 

I'll tell you what -- you get the laws restricting lease agreements in
the books as you recommend, and you see a shortage of rental property
the likes of which you've never seen.
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
Few will wish to rent under those terms, and those that do will charge
you plenty for the privilege.

I know that if a prospective tenant asked me for those rights in a lease
contract, I'D ACTUALLY CONSIDER IT. I'd look at the credit rating,
references, and if it looked good I'd also set the rent accordingly, to
counter the risk I'm taking in losing that much control over the
property. It would be higher that what it is now.

>Listen:  It is THE TENANT'S HOME, not the property owner's.  Period.

You can say this all you want, but the basic fact is that you are on
someone else's property as part of a business transaction, made official
by contract. The terms of the contract govern the renter's rights and
privileges regarding said use. Doesn't make the property "yours".

cheers,
mark
-- 
Mark Brown     | AIX Architecture             |   Civil Liberty
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