Landlord Tenant Rights

[katie1dee]

i live in a duplex with a shared backyard and have asked the landlord to install a privacy fence dividing the backyard. he has informed me he can't because the other tenant said he cannot do this because it will change her lease terms and will void her lease. nothing is mentioned in her lease about the backyard or the landlord making changes to his property. can't he make any changes to his property such as dividing the backyard without either tenants permission?

 

[LL]

I don't own any duplexes, so I am trying to imagine what the leases would look like, in this regard.

I would guess that, in each separate lease, the premises being rented consists of the dwelling space plus at most 1/2 of the back yard. I would also guess that there would be room in the definition for at least a skinny fence.

So I would guess that the argument about voiding someone's lease is phony, and that the landlord just doesn't want to do it. But also, I don't believe that he has to, just because one tenant requested it.

Check her lease and yours for a definition of the rented premises.

 

[LL]

P.S.,

In case the lease provides that the entire back yard is to be shared, like "Common Area property", then your landlord may be right.

 

[mary hartman]

Or just in case you pissss off the landlord, he also has a right to prohibit you from using the back yard as well!

NO KIDDING........

If the use of backyard is NOT spelled out in a lease, or it was in the ad that caused you to call the landlord and induced you to rent the apartment based on having the use of the yard, then its at the convieinence of the landlord

And the landlord can take it away from you at any time.

 

[LL]

This incredible dumbbell doesn't know the difference between renting an apartment versus renting a house, including a duplex house.