Legal Question in Real Estate Law in California

fences between rental properties

When I moved into the house I am renting, there was a fence in the backyard. Our garage roof had a huge hole in it. After 2 years, the landlord repaired the hole in the garage roof, and at that time, tore down the fence. It was my understanding that he was going to replace the fence he tore down. He is now saying he doesn't want to repair the fence, and has decided to raise my rent $200.00/month becuase I am asking him to make repairs, i.e. fixing the garage roof and the fence. Is there a CA law that says there must be a fence between rental properties ( there is an apt. complex next door to my house).? As it is- all of the neighbors can see into my house becuase the fence has been torn down.


Asked on 2/15/00, 12:29 am

2 Answers from Attorneys

Jeffrey P. Widman Law Offices

Re: fences between rental properties

I do not know of any law that requires fences between properties. However, check with the planning department in your city. The department may have required a fence as a condition of approval for the apartment project or your landlord's house.

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Answered on 2/19/00, 12:09 am
Thomas W. Newton Tims & Newton

Re: fences between rental properties

In reply to your inquiry, let me offer the following:

I'm with Mr. Widman - I don't know of any California statute that requires the fence.

You might try approaching it from a contract standpoint. When you initially agreed to rent the property, you agreed to pay monthly rent for property with a fence blocking off the adjoining property. I think you have a good argument that the landlord should maintain the property in the condition you found it when you made the rental agreement. If he's not willing to rebuild the fence, in principal, you're entitled to a reduction in the rent.

As for trying to raise the rent an additional $200.00 because you want repairs made, that sounds crazy. I'd contact your local city or county and find out if they have a rent control ordinance or code, and contact the agency that enforces those ordinances.

You do need to be aware that the lessor's obligations to repair the a single family residence rental property can differ from repair obligations for an apartment building. Take a good long look at your rental agreement and see what it says about obligations to maintain the property.

Feel free to let me know if you have questions or

comments. Now, let me give the "de rigeur" caveat:

The foregoing information is provided as an

accommodation only, and does not constitute legal

advice or a legal opinion based on a comprehensive

review of all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

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Answered on 2/22/00, 3:25 pm


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