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Neighbor's tenants ruining our fence

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Fence2

Junior Member
What is the name of your state (only U.S. law)? NJ

Our neighbor inherited the house next to us when his parents passed away and has had 4 illegal rentors and now a legal renter for the past 3 years. Annoying family that is always yelling and scremaing, playing loud music and not properly taking care of the house.

We have contacted the landlord so many times and he seems to do something at first but then doesn't care. We called the police in the beginning but nothing ever came of it.

This neighbor never cleaned the leaves properly from the property for over 3 years now and we had to complain to the landlord every fall. For the past 3 years the tenant blew all the leaves in the back year up against our fence on the side and the back fence which is owned by the people behind them.

We know have severe fence damage only on that side in at least 4 sections. It is rotted away and coming apart. We had a insect company tell us that you can get carpenter ants from not properly picking up and disposing of leaves that long and the landlord is too cheap to pay someone to pick them up.

We want the leaves removed properly once and for all and for him to pay for the damaged fence. My husband's brother is an attorney and we are thinking of having him write a certified letter to him if not take him to small claims court??

Our town has no maintenance code for property yet this is totally rude and irresponsible when the landlord doesn't care he doesn't live in town and it is such a nice quiet town and everyone takes care of their yard but this house.

Help
Thanks
 


Dave1952

Senior Member
Wow, what a confusing mess. Your town does not have "property maintenance" codes. Your neighbors, who are tenants, may have damaged your fence by improperly handling the autumnal leaves. Because the tenants did this you plan (for some reason) to sue the landlord.
Fences which run along the property line are special in some States and Towns. If that's true in your locale then you might be entitled to half the cost of any fence repairs from the landlord. Other than that I don't see why you are going after the landlord because your neighbors may have damaged your fence.

Good luck
 

Fence2

Junior Member
We are going after the landlord because he always tells us to contact him with any problems yet doesn't take care of them. He is cheap and doesn't want to pay someone to do the leaves yet he says this tenant is supposed to be doing it and in turn he gives the tenant a lower rent. But we suffer because the landlord NEVER comes and checks on the house and what is happening.

We aren't the only ones in town who have complained and before this family he had 20 illegal immigrants living in the house who hung their countries flag above the American flag and the Police made them change it. The landlord claimed he never knew who rented his house? They finally got evicted.

But there have been 4 illegal rentors before this tenant.

We have been talking and telling the landlord for 3 or more years now about the leaves yet he never EVER took it to himself to follow up on the yard. He inherited the house, has no mortgage and won't pay a service to just properly pick them up.

He needs to take responsibility, HE OWNS THE HOUSE! He tried selling it and hates renting it and all the headaches and yet he won't do anything about it.

ALSO his Mother and Step-Father who died who owned the house previously took exceptional care of the yard and were very respectful.
 

justalayman

Senior Member
He tried selling it
there's your solution. You buy the house.


I don't see the LL being liable for the tenants actions but that doesn't prevent you from suing the tenants for the damage but unless this newest tenant has been there long enough to have caused the damage, I don't see you getting anything from the current tenant either. You can always try and sue the LL. The worst that will happen is nothing, which seems to be the norm anyway.
 

justalayman

Senior Member
I don't think the tenants are responsible to clear the naturally occurring pile of leaves from your fence.


you must have missed this:

. For the past 3 years the tenant blew all the leaves in the back year up against our fence on the side and the back fence which is owned by the people behind them.
Those weren't naturally occurring piles of leaves but even if they were, I believe they would still be liable. You cannot ignore something within your control and allow it to cause another damage. It's not like the OP can go into the neighbors yard and pick up the leaves.
 

Fence2

Junior Member
We would buy the house but he is being totally
crazy for a set price and that is why for years
he hasnt been able to sell it.

We are getting fence estimates and sending him
the landlord an attorney certified letter.

We will see what happens from there.
 

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