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LawTalk, Attorney
Category: Legal
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Is it legal to restrict a tenant fireplace reasons. Thank

Customer Question

Is it legal to restrict a tenant for using fireplace for safty reasons. Thank You
Submitted: 1 year ago.
Category: Legal
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Of course a landlord may legally restrict the use of a fireplace in a rented home---for whatever reason that landlord might have. While a safety reason could be chosen, it would not be necessary to make the restriction valid and enforceable under CA law. The only necessity is that the home be capable of being heated in the cold weather through some heating device---be it central heat, wall heaters or even individual space heaters.

The restriction would have to be clearly stated in the lease agreement, as without the written restriction the landlord could not enforce the restriction. And if the tenant violated the lease restriction, that could be legal grounds to terminate the lease and demand that the tenant relocate.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

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I wish you and yours the best in 2015,