Political signs on the yard in a rental (Plano: real estate, HOA)

[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?

[MaryS80]

You would have to check the city ordinance. Usually its very hard and possibly against the law to ban political signs. The home owner may be able to put a clause in the lease against signs, but if I were him I would check. I agree too many signs looks tacky, but you don't want to end up violating someones rights. I would suggest consulting with a real estate attorney.

Most cities do regulate/ban signs on public property, but even in those cases political signs are exempt.

[Spree]

I don't think there's anything that can be done, there's only a couple of months left before the election. Perhaps the neighbors can just tolerate it until then. I do think it's reasonable to ask nicely that they be taken down after the election though, but I don't think it can be forced. There are much more worse things that could be going on with a rental imo.

[bjh]

It is free speech. Only thing is they would have to be moved, not removed, if they blocked people's view of traffic on a corner for instance. Other wise, like previous poster said, there are only a couple of months left.

[galore]

Originally Posted by bjh

It is free speech.

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

For starters, try something really obscene.

[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.

[ChristieP]

There's that thing we have here in the USA called the Bill of Rights, and the First Amendment to the Constitution which guarantees all Americans the right to free speech.

The election is just 2 months away. I'm sure the tennant will take down the signs once its over.

[loves2read]

HOA's restrictions could be more severe than the city's ordinances
in which case the renter/owner would need to comply or risk getting fined

Free speech has limits and a contract can limit someone's free speech --that is why an HOA's covenants might hold sway...

[calmdude]

There is no HOA there. I understand the free speech rights etc but, in private property which is not yours, the rights may not apply. For example, if you are in a movie theater, you have no right to bring in food from outside. If you are in a political convention of party A, you cannot wave flags for party B and not expect to be thrown out. Owners regularly have "no pets" provisions for tenants - and this would theoretically be construed to be against your right to own a pet, but it is not. By extension, if it is included the renter's contract, shouldn't it be illegal to post political signs, regardless of the city rules?

[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...