July 4th brings out the patriotism in people including your Tenants. But landlords may not want their property to publicly express their feelings of patriotism, so what’s a property manager to do? Can you prohibit a Tenant from displaying the US Flag on his rental property?
It depends. If a tenant wants to display an oversized tattered U.S. flag in a non respectful and harmful manner, then you can stop the tenant from doing so. However, a landlord may not stop a tenant from displaying one U.S. flag, regardless of any provision in the rental agreement dealing with flags or decorations, so long as it meets the following requirements:
Ø The flag is removable and transportable
Ø It is made from cloth or plastic
Ø It is not larger than 4.5 feet by 6 feet
Ø The placement does not create any type of hazard or damage to any person or property
and of course, displaying the US flag must always be done in a proper and respectful manner.
Also, if the rental is not a single family home but rather an apartment with shared common areas, then the flag may not encroach, infringe or interfere with any other tenant’s right to use a particular area or cover any other tenants rented area.
The good news is that the landlord is not liable for damages caused by a United States flag displayed by a tenant.
SEE THE FLORIDA RESIDENTIAL LANDLORD AND TENANT ACT” CHAPTER 83 PART II, Statute 83.67 (4) & 83.52(6).
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