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landlord sold access rights after I signed lease

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H

holly5

Guest
Several months after I leased a house, the landlord sold acces rights to a home builder. The lot next door was cleared and construction began. I can no longer park in the driveway, only the garage. I had additional parking next to the garage, but can no longer use that. The builder is always screaming to keep the area clear 24 hours a day. I have also been blocked from entering the garage at times. Can I deny access? Can I ask for financial restitution for the inconvenience, noise, and dust?
Thank you.
 


T

Tracey

Guest
L sold the access rights subject to your greater leasehold interest. You rented the house and land without access. Builder has to pay you as well as L to get access.

First, go to court and file for a temporary restraining order against builder for trespass. File criminal charges too. The driveway is yours and you can park anything you want in it. If builder gets abusive, call police and press charges.

Second, sue L for unlawful ouster and/or abuse of access. You will get statutory damages of 1-3 months rent + costs + attorney fees. If you want to move, you can just sue L to terminate the lease.

Talk to the local tenant's rights association about how to look up the residential landlord tenant act & see which provisions fit.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 

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