Political signs on the yard in a rental (Dallas, Austin: renters, chapel)

[loves2read]

I guess it depends on what is in the renter's contract--th OP says there is nothing in THIS contract to prevent the renter doing what he is doing
BUT if the owner DID specify NO political signs or other signs then the renter signed the contract and should have been aware of that clause---by signing such a contract with that limitation, he/she agreed to amend any free speech rights and defer to the owner's rules...

[calmdude]

Originally Posted by ChristieP

Bringing in outside food to a movie theatre or "no pets" provisions are NOT free speech. Freedom of speech is expressing one's views/opinion without fear of reprisal.

I rent, and there is a political sign in my front yard. There was one four years ago, too. My landlady never said anything about it...

I understand & agree with you on the freedom of speech. The point I was trying to make using the examples was that there is a lot of control the owner may be able to exercise because it is his/her peoperty. I think if it is in the contract, then you cannot put up any signs. Quesion was what if it is not in the contract - does the owner face a potential lawsuit? I was looking for opinion of people who have come across this as an issue before and what their thoughts were. It is not my house but I am curious.

In this particular case, I think the neighbors are unhappy because there is not 1 but 7 signs. It is not a big front yard and this does not look good. I do not think anyone would have even cared if they had one or two signs.

[$DFW8$]

Originally Posted by calmdude

In my old neighborhood, there is a person with a yard with at least 10 political signs. This person rents the property (in Plano) from a friend. Many of the neighbors are unhappy about the signs - more because it looks like an eyesore.
QUESTION:
- can my friend tell his tennants to remove the signs? There is nothing in the contract that says they cannot put up the signs
- if there is a lease renewal, can one put in a clause in the lease probiting the posting of signs etc (excepting for Holiodays / Halloween etc) and not get sued for violating some rights? I think it is private property and the tennant should not be able to sue.

Thoughts?

I'm not for sure on this one but I think that there is nothing you can do until their lease renewal is up. Then you can put in a restriction for political signs into the new lease agreement. But you could always ask nicely if they would remove them and see what happens. I've seen a lot of those signs right now with the elections coming up in November. Now like loves2read said, if there is a HOA restriction in the neighborhood that prohibits signs like that, then the signs are going to need to be removed immediately or they will risk being fined. Hope this helps!

[bjh]

Moderator cut: edited

Originally Posted by Spree

In this case, we are talking about political signs which don't have obscene language, unless they are of the homemade variety :-)

Is the house in a subdivision w/an HOA? It might be against those type of rules.

There we go.

[caligurltotx]

Hmmm interesting... I was just thinking, let's say I am a homeowner and I put up signs that say "no illegal immigrants allowed on property". Now it is going to offend certain groups of people but due to freedom of speech am I going to be within my rights to post it? Because we say the constitution protects us with freedom of speech but when it offends others then we say it's wrong. It may be insensitive to post it for everyone to see but what if I as a homeowner truly felt that way? And I am just using it as an example. And with the political signs who has determined that it's an eyesore? The people that are for the other candidate? I wouldn't consider 10 signs an eyesore.

[calmdude]

Originally Posted by caligurltotx

And with the political signs who has determined that it's an eyesore? The people that are for the other candidate? I wouldn't consider 10 signs an eyesore.

Regardless of the reasoning, can a landlord stipulate "no signs" in the contract and make it stick? That is the real question. It is your property and you should be able to contol how it is used.

[KantLockeMeIn]

Originally Posted by galore

There's a lot of speech that isn't allowed for display on your property.

For starters, try something really obscene.

Political speech is definitely protected. The only restrictions that may be placed must be placed on all signs, not political signs in specific.

There are laws here in Texas defining when political signs may be displayed, they may be displayed (must not be within view from a highway), and what verbiage they may contain.

[calmdude]

Originally Posted by twojciac

Political speech is definitely protected. The only restrictions that may be placed must be placed on all signs, not political signs in specific.

.

I think the landlord can live with (a) either not allowing any signs or (b) restricting the number of signs to two (in which case they can be political etc). I think (b) would be a good compromise for all parties - landlord, neighbors and renter. I think his intent is to restrict the garden of 7-10 signs, not political speech.
Thx

[padcrasher]

Nothing can be done. It's not in the contract.

I don't even think it could be put in a contact. Rental contracts in Texas are very controlled. You just can't put in stipulations in willy nilly. Judges rountinely ignore contract terms if they do not correspond to Texas real estate law.

They even spell out how an eviction notice should read. If you add any extra verbage like "call me" or "I need to speak with you" it's void.

[calmdude]

Originally Posted by padcrasher

Nothing can be done. It's not in the contract.

I don't even think it could be put in a contact. Rental contracts in Texas are very controlled. You just can't put in stipulations in willy nilly. Judges rountinely ignore contract terms if they do not correspond to Texas real estate law.

They even spell out how an eviction notice should read. If you add any extra verbage like "call me" or "I need to speak with you" it's void.

I agree that in the existing contract (about to run out), since there is no stipulation, nothing can be done (or at least, this is the safer way without the landlord getting sued).
But, are you saying that in a new contract, one cannot have a "no signs" or "only 2 signs" clause? People regularly put in "no pets" or "no smoking" clauses - is this illegal?