Tenant Breeding Fish Aquarium in Garage underneath Bedroom

Hello!

I have been a long time ozbargain reader and first time poster.

I have a tenant that is breeding fish in their garage. I don't know the type of fish breeds, but it appears to be a mix of fish breeding for sale and perhaps fish you cook to eat.

I don't know if its the fish is recreational fish but suspect due to the volume he is doing it for commercial/business/hobby purposes.

As a landlord, what do I do?

The garage is right underneath the main bedroom. I'm concerned that if there is long term moisture, it may result in mould/musky smell to the main bedroom, which is directly above the garage.

I wanted to know Ozbargain's thoughts as it may give me a better perspective how to approach the tenant and whether I'm being paranoid.

Comments

  • +4

    Are they good tenant other than having the fish?
    If they are good tenant, have a chat with them and find out more about the fish.
    If you think moisture/smell might be an issue ask them to put an exhaust fan or pay additional bonds for keeping pets around.

    • +4

      Thanks pig.

      The tenant is a good tenant otherwise. I guess I can talk to them about it to find out more as a start.

      The exhaust fan seems like a good idea and the additional bond too.

    • +4

      ask them to put an exhaust fan or pay additional bonds for keeping pets around.

      You have no legal right to request either of these.

      • And most likely the tenant has no right to keep pets or running a business. Moving is not easy or cheap. If they are nice and smart enough they'll comply.

        • +11

          And most likely the tenant has no right to keep pets

          Wrong

          Reforms are coming.

          Any terms in Leases will be, and are currently treated now, as invalid.

          VCAT (or equivalent in your state) won't turf out a tenant unless the animal has posed a danger to another person or caused serious damage to the property. An unfounded fear of mould or a bad smell isn't likely to work :)

          or running a business.

          Wrong again.

          Home occupation is a given right. A tenant has property rights in occupation similar to the landlord. If the tenant has any insurance required, and isn't disturbing neighbours, then there's little the landlord can do.

          You want absolute control of your investment? Buy shares. Not a house.

          If they are nice and smart enough they'll comply.

          A great example of tenant inequality. Landlord doesn't like something? Even though it's completely legal? Scare them with the threat of eviction. Nice one.

          • +1

            @Typical16-bitEnjoyer:

            A great example of tenant inequality.

            At the end the investor/Landlord is the one that looses out with a good tenant moving away and moving away the weekly rent that the investor/Landlord de$perately need$.
            Remember no tenant = no investment.

            110% agree with you regarding:

            You want absolute control of your investment? Buy shares. Not a house.

            "Investors" (smart ones at least) shouldn't be wasting their time checking out if tenants have fish, cats or clean underwear.

            It is an investment to make money, not a means to control someone life.

            Simpletons plus plus … what food the renters eat? … lets check the garbage bin. What do they drink?? Lets smell their breath.
            PATHETIC!

  • +11

    It's a garage, not a sealed room, your concerns are unfounded.

    This is the best place for them to do this; if it were a bedroom you'd be right to be concerned.

    • Thanks picklewizard, out of all the rooms the garage would be the preferred place.

      The garage is directly underneath the main bedroom.
      The garage has concrete flooring, but the garage ceiling is wooden floorboards, and it is an older property.
      Definitely not sound proof.

      I appreciate your opinion.

      • +4

        Why is sound a concern?

        The tanks really aren't going to make as much moisture as you think, and as mention it's in a garage so it'll be naturally vented.

        Honestly, don't stress. If they're good tenants I'd leave it.

        • -8

          Having huge volumes of water in the garage will require more than natural ventilation.

          Have you seen the size of the powered ventilators in an indoor pool? Even public pools with mega tall ceilings have some form of additional venting.

          • +7

            @[Deactivated]: That’s because hypochlorite (ie chlorine gas) and chloramines are toxic.

            • +9

              @lunchbox99: Also because it's a pool and not a fishtank… what a ridiculous comparison lol

              • -4

                @picklewizard: Water evaporates.

                Fish tanks have aeration which increases evaporation so in fact, many fish tanks may infact increase evaporation and therefore condensation.

                Of course, this is me imagining commercial scale number of fishtanks in a garage.

                • +2

                  @[Deactivated]: I kept fishes for many years, the evaporation rate with aeration going is nothing to be worried about. If these are tropical fish then he will need a heater then it might be a problem during winter but then again with a lid, most water is going to collect and drip back into the tank.

                  I can go for weeks without changing the water due to huge amount of vegetation and small number of fishes in my tank and I don't see much evaporation with lid on in my heated and aerated tank.

                  • @skillet: Keeping fish and running a commercial operation are two different things entirely. Spawning pools do not typically have a lid and are significantly larger than an aquarium.

            • -2

              @lunchbox99: It's a non chlorine pool (at least the one i am referring to).

              The windows were practically dripping with condensation every weekend. Much worse when the pool is heated.

              • +4

                @[Deactivated]: All pools are chlorine - some add it directly (chlorinated pools), others generate it in-situ from salt and an electrode (saltwater pools). Both produce chloramine, which is toxic.

                • -1

                  @lunchbox99: There are total chlorine free solutions out there. No salt, no direct chlorine. The water is practically drinking water.

                  Here is an example. Many others available.

                  • +2

                    @[Deactivated]: What public pool doesn't use chlorine based treatment? Genuinely curious how they treat the water. At a minimum they would have to add acid to neutralise the pH from all the people in the water.

                    See the link in your edit - ozone is poisonous as well.

                    • -1

                      @lunchbox99: Anyway, i should not have mentioned public pools as I do not go to them. Was really referring to home stuff.

                      The ozone bit is marketting bs (so is the chemical free claim). Yes, ozone will kill ya.

                      It is truly chlorine free though.

                      The indoor pool created a lot of condensation. I'm not sure why people are so sceptical of this claim.

                  • +2

                    @[Deactivated]: I always thought copper was toxic?

                    It think this will depend on what this guy considers commercial scale tanks and breeding.

                    A few fish tanks I wouldn't worry about.

                    An entire garage full of tanks I would probably have a conversation with my tenant, especially if they were a good tenant. Assess the risks and take action based on that risk.

                    A garage is usually alot more ventilated than inside the house. I would not be to worried myself to be honest.

                    • @blawler05: Not always.

                      It's a double garage and no windows. Towards the deep back of the garage is like under the house. Where you crawl to do antenna cabling etc.

                      More and more garages are windowless or completely subteranian.

                  • @[Deactivated]: You know that Ozone is also toxic right?

          • +6

            @[Deactivated]: I have a bath tub. Should I be concerned? Where is the line drawn?!

            • @Typical16-bitEnjoyer: Do you leave your bath filled 24/7.

              I am assuming the fish have their tanks filled most of the time.

              • +2

                @[Deactivated]: So that's the line? A bath tub filled 24/7? What if I leave it filled 12/5?

                • @Typical16-bitEnjoyer:

                  1. You are comparing a part time body of water. A swimming pool and an aquarium are typically assumed to have water in it at all times. Can you concede that the comparisons are closer?

                  2. A bathtub is in the bathroom. A bathroom is prepared for moisture and is ventilated when in use. A garage isn't. Bathtubs are not typically found in garages.

                  As such, if such a large body of water is being kept in an area not prepared for moisture, it will be exposed to damage from moisture hence ventilation is prudent.

                  • +2

                    @[Deactivated]: No I don't concede that a 2,500,000 litre indoor public swimming pool is closer in comparison :)

                    I hate to break it to you but garages are normally abundant with moisture, even without aquariums.

                    • @Typical16-bitEnjoyer: Not my garage or any of ny previous garages. Can't have moisture where I store my gear.

                      (Also, as per prev comment, ignore my comment on pub pools, it was just an extension of my personal experience with a private pool.)

                      Maybe we are just picturing different garages and fish tanks. When I think fish breeder, I think this. Maybe two big tanks and many smaller ones to fit the average two car garage but certainly enough water to swim in.

                      Ps. I'll bow out. I think this discussion is not polarised by ventilation/moisture concerns vs none, but more tenant vs LL.

  • Once had a tenant with above average size aquarium upstairs. Tank broke - guess what, huge $$$$ damage. Sent clean up and repairs bill to tenant who continued to pay rent up until the end of lease then moved out. We weren't allowed to claim the damage etc from bond and had to make a civil claim through the courts. Never received payment for the damage and repair. He got most of the bond back as he did a professional bond clean. We don't accept ANY pets any more. Didn't have LL insurance at the time.

    • +17

      Didn't have LL insurance at the time.

      That's on you mate!

      • Thankfully, I do have landlord insurance but will double check with insurance with whats covered as an additional measure!

        May be they might have suggestions regarding smell etc. too!

    • +5

      Didn't have LL insurance at the time.

      Lol.

      We don't accept ANY pets any more

      You won't have a say in the matter soon. Changes are imminent.

      • +1

        Any idea if the changes are hitting NSW too?

        • +2

          Changes are hitting, but no mention of pets sadly.

          There's no law prohibiting in NSW. Relies solely on the Lease. LL would have to issue in NCAT. They will need evidence of serious damage to the property, danger to others etc (which is unlikely). LL will likely spite end the tenancy after 12 months.

          Best to just give Mr Biggles a holiday at a family member's place on inspection days once every 6/12 months :)

    • Why couldn’t you get some of the bond back?

  • +4

    Get a closer look at the setup. If the setup is as large as you are making it out to be, it is in their best interest to keep the place ventilated as maintaining temperature gets difficult in an enclosed space like that.

    If it isn't well ventilated, get them to put up or a fan, windows etc.

    • Yes will do!

      It's a double garage and no windows. Towards the deep back of the garage is like under the house. Where you crawl to do antenna cabling etc.

      I think of it like Willa Wonka and the Chocolate Factory when the space gets smaller and smaller.

  • Do you have a no pets clause in the lease?

    • +1

      An invalid and nullified clause is of no use here.

    • I don't think so but am to check.

      Initially when they first moved in, it was just a medium size fish tank.
      After about 4 months, the size is quite tremendous hence why I think they are using it for commercial purposes.
      I'm not terribly concerned they are doing business.

      It's definitely the mould and moisture.

  • +3

    The garage is right underneath the main bedroom. I'm concerned that if there is long term moisture, it may result in mould/musky smell to the main bedroom, which is directly above the garage.

    No, that defies logic

  • +2

    Get a pet cormorant.

  • +1

    whether I'm being paranoid.

    ^

  • If it's for a business purposes you may have a clause in your lease disallowing this.

  • +10

    As a previous fishkeeper I have a soft spot for people who take up his diminishing hobby.

    I have visited many different fish rooms, some are just stunningly beautiful, some are just racks of tanks mostly for breeding / isolation.

    Overall the hobby at such a level is harmless, the only thing I can see being a risk are :
    - Possibility of a tank or pump leak or dislodged hose, this leads to flooding as described above.
    - Fish rooms use up a lot of electricity (which is probably why the hobby is dying), make sure he doesn't leave you with a huge bill.
    - Fish rooms stink especially in summer where there is no ventilation.

    Otherwise as a landlord I would perform rent inspections myself just to see the fish room.

    • Thanks tsunami surfer, its very informative. Will try tackle the smell and ventilation issue, and do the rent inspections.

  • +10

    Tenant breeding fish aquarium in garage underneath bedroom.

    Be careful - they could be trying to breed humans in the actual bedroom too!

    • +6

      It's a great example you provide. Landlords are scared to death of a cat "destroying" their property. They don't consider that a toddler or child are far, far more dangerous to their walls, floors and fixtures :)

      • @zeggie I doubt landlords would be "scared to death of a cat destroying their property…" it is more a concern that the tenant often does not look after the cat properly. eg Doesn't empty litter boxes frequently, or cat starts urinating on carpet due to stress/being left alone in a strange house etc. We loved our cats, but they always sickup furballs (or their half digested food) everywhere and this does stain carpet. These all cause a lingering smell. We have had to replace our own carpet because of this. Outdoor cats pose other problems as fleas are hard to eradicate and tenants are not obliged to even try. Usually the tenant is long gone with bond in hand before the full extent of the flea problem becomes known.

        With regard to the fish breeding, - just check that your landlord insurance covers that sort of business. If it doesn't, then your insurance could be null and void if you are aware of a business being operated in your property. Also ensure that the tenant has all council/government approvals and his own business insurance or any required indemnity etc. I can't imagine fish breeding would cause any problems, but just safe to check.

        • @zeggie I doubt landlords would be "scared to death of a cat destroying their property…"

          Yes they are.

          it is more a concern that the tenant often does not look after the cat properly

          Often? What do you have to back up that "often" tenant's don't look after their cat?

          does stain carpet

          Cleaning carpet is cheap. Carpet will suffer from wear and tear. Budget replacement every 10 years. Refer ATO.

          Usually the tenant is long gone with bond in hand before the full extent of the flea problem becomes known.

          LL's fault then. Sack your property manager for not checking the property properly on routine 6 month inspections or within 14 days of the tenant vacating. The bond shouldn't be held "in limbo" until the LL or PM get off their ass and actually do something.

          If it doesn't, then your insurance could be null and void if you are aware of a business being operated in your property.

          How do I know you know nothing about insurance? This comment.

          Also ensure that the tenant has all council/government approvals and his own business insurance or any required indemnity etc.

          None of the LL's business. Council won't provide details to you. You don't have a right to demand these from the tenant either.

          I appreciate you have an opinion, but at the bare minimum and for your own sake, please google your opinions to see if they are even close to being correct before making it.

          • @Typical16-bitEnjoyer: @Zeggie I can’t understand how my comments could cause your wrath, except that they were contrary to your own.

            Your comments were not only wrong but were disrespectful and obviously made in haste, as you should have followed your own advice about checking Google before disparaging someone else’s opinion.

            There are many websites warning to check with your insurance company to ensure that a tenant’s business won’t invalidate the policy. For starters here are 2.
            http://www.apimagazine.com.au/property-investment/landlord-i…
            https://propertyonly.com.au/landlord-tips/can-a-tenant-run-a…

            Since when did “ensure” mean “demand”?
            Assuming that the landlord’s insurance would approve a certain business, it would be a very naive landlord to allow such a business without evidence that it has council approval/indemnities/insurance to do so. While it is true that a landlord cannot “demand” proof of these, it would be in the tenant’s best interest to show it. Otherwise, why should a landlord risk it, if it is potentially not above board.

            By going into so much detail in your scathing (and incorrect) remarks, you entirely missed the point of my first paragraph. Those were just examples that I gave to show why a landlord might not want to risk a pet on the property. The pet problems that might arise are – just as you said “LL’s fault then”. And in most of the cases that I am aware, it is the LL that pays for it, because as you said “…the bond shouldn’t be held in limbo…”.

            • @Bronnie: Wrath? Merely wished to provides facts to others that may be mislead by your previous post. I don't want anyone to see your comments, think there was any truth or fact to it, and make a poor decision.

              There are many websites warning

              No exact the most compelling evidence is it? One website is for a defunct magazine that can't even properly format their website. The other website is shock horror from a real estate property management company.

              very naive landlord to allow such a business

              Landlord doesn't get a say in "allowing"

              tenant’s best interest to show it.

              Why? None of the Landlord's beeswax.

              Here's a challenge. Don't take my word for it. Pick 3 Australian insurance providers. Read the relevant Landlord product PDS and associated terms and conditions for each of the 3 providers.

              Find a single one that "invalidates" the policy due to "business use".

              Report back when you find one.

              • @Typical16-bitEnjoyer: @zeggie I planned not to respond any more, as it is a waste of my time convincing someone who has a closed mind. However, you talk from a stance of ignorance. I cannot let you get away with WRONG statements. For a start, you didn’t read my comments very well.

                My advice was to “just check that your landlord insurance covers that business”. Then relating to that sentence,I went on to say “If it doesn’t, then your insurance could be null and void…” The easiest way to “check” is to ring the insurance company.

                Unless you have/had access to a full landlord insurance policy, you will not see the complete insurance policy PDS online, as this is only sent when the policy is purchased.

                Just to prove how wrong you are in your argument, as an example here is an extract from Allianz: https://files.ozbargain.com.au/upload/116716/77469/insurance…

                Your other comments about landlord’s “beewax” & “allowing” do not merit responses. These were already addressed, but you chose to ignore.

                Unless you wish to respond with an apology, do not trouble yourself to respond as I reckon everyone else, like myself, has lost interest.

                • @Bronnie: How do I have a closed mind when I suggest you read the insurer's PDS yourself and confirm the answer for yourself?

                  you will not see the complete insurance policy PDS online

                  Yes you will. It's 2020. All the documents are available online from all major insurers.

                  as an example here is an extract from Allianz:

                  You didn't read the entire document, did you? It's a contract. You cannot read a clause or part of a contract in isolation. Law 101.

                  Read page 52 Your Duty of Disclosure. What do you see?

                  Then read the applicable law Insurance Contracts Act 1984 s 12-14 referred to on page 52. What do you see?

                  How about exclusions elsewhere in the Act. What do you see?

                  Let's go back to the PDS. The key exclusions are:
                  "are breakage of glass …used for trade or business purposes"
                  "personal injury related to your business" (not the tenant's)
                  Nothing else.

                  Hmm. Ok. Let's take a look at the relevant planning scheme. OP is in Sydney. Let's start there. The Sydney Local Environmental Plan 2012 part 2.8 provides that Home Occupation (defined on page 310) in general residential zones is permitted without consent, unless it is for sex services.

                  Landlord has to make a claim? They cop an increased premium or excess? The Landlord can avail itself of the provisions of the Residential Tenancies Act 1997 part 5 or equivalent in their state.

                  It's not rocket surgery.

                  So again, I repeat, your statements from your original post, such as:

                  "a tenant often does not look after the cat properly. eg Doesn't empty litter boxes frequently" - Unfounded. No evidence.

                  "fleas are hard to eradicate and tenants are not obliged to even try. Usually the tenant is long gone with bond in hand" - Long gone with bond in hand? LL or their agent hasn't followed the correct bond claim procedure pursuant to the RTA.

                  "check that your landlord insurance covers that sort of business" - No PDS specifically forbids all business activity.

                  "your insurance could be null and void" - It won't be. Only specific exclusions. Any increase in premium or excess can be again claimed under the RTA.

                  "ensure that the tenant has all council/government approvals" - You've failed to provide anything to prove a tenant needs to provide this…because they do not have to. Refer SLEP 2012.

                  "own business insurance or any required indemnity" - Again, You've failed to provide anything to prove a tenant needs to provide this…because they do not have to. Refer RTA.

                  are all misleading and, noting the numerous references above, I stand by that opinion.

                  Have a great day :)

  • +4

    Check your lease agreement to see if you can charge tenant for their water usage if you haven't done so already. I think you need a plumber approve that you have water saving taps or a separate water meter.

    Aquarium owners with a large number of tanks will be doing weekly water changes other than that, aquariums in garage are fine, most will have glass lids on tanks to prevent evaporation and if well ventilated it will be ok.

    • +1

      This is a true aquarium owner talking.

  • +1

    How big we talking?

    • Most are double car these days.

    • More than 2 car spaces as we have a deeper garage. No room to park a car though.

      • The tanks are occupying the entire area?

  • Do some online searches on gumtree and similar sites to see if he is selling and how. It's much more likely it's fish breeding for pets rather than for food consumption. (Source; aquaculture background).

    If it looks to be commercial then check whether that's allowed in the lease. If it's not though you are fine to keep him living there maybe you can come to an arrangement such as the fan, extra inspections that works for both of you.

  • +1

    I think you nailed it when you wondered if you were being paranoid. If you have good tenants you need to look after them as much as they need to respect your property as per the terms of the rental agreement. I wouldn’t just waltz in there as that is not how it’s done. You need to play it by the book with a dose of sugar to ease into tour concerns. I have had aquariums a lot on my life - a lot of them and they are not an issue for mould and water damage if maintained correctly. If they are breeding for profit, good on them, they will be able to keep paying the rent and if they are doing it right the condition of the aquarium(s) will be 100%. Just talk to them and ask about it from the perspective of interest. You might learn something. If it is a problem you will find out during scheduled inspections just like you should. Good tenants deserve good owners and vice versa. You risk upsetting the balance of you get too excited and overreact. Good luck!

  • +2

    As I posted before:

    OP, how do you know what the tenant has or do?

    Aren't you too attached to the property?
    Bad idea, it is an investment.

    Use your energy more wisely.

    • Thanks LFO, as I have experienced a mould/musky smell within a premises before, this is the reason for asking such a question.

      Whilst the smell in my case was not that of an aquarium, the mould and smell came within a bathroom and having a child a young infant, I can't help but also think about the health risks not just for myself but potentially the tenant and future years.

      Re: the smell of the aquarium. It is quite pungent and it was just a question. As with any investment I'm sure there is at least some concern as to what it is doing if it is not an everyday ordinary occurrence.

  • We use to have a tropical saltwater setup in our house. Ventilation is really not an issue, its either the tank breaking or a pump leak.
    Either problem actually requires immediate action (as in the same day).
    It could cause flooding (we actually switched to a closed loop underwater pump afterwards).
    But if the tenant is a good tenant, they'd clean up after any issue.

    Probably best just to ask them what their plans are if flooding occurs, and if they can mitigate it from some pre-emptive actions.

    You probably don't need to worry about ventilation in a garage, unless they are doing this on a serious scale. Like in the 3KL+

  • Op cant make any claims unless there is damage that is attributable to the tenant.

    If OP feels there is potential damage then get the tenant to sign an agreement that they will fully compensate OP for any damage caused by the tenants use of the property.

    I was told many years ago to only invest in apartments.
    This is a classic case which illustrates why this rule of thumb should be used

  • I wonder what the local councils position on commercoal aquaculture in a residential building would be.

    Almost certain it would be illegal.

    • On the bright side… At least its not a meth lab.

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