Legal Question in Real Estate Law in California

house rental with fence

I rent a home. The landlord has said for over a year they were going to fix the back fence and replace with brick. They have not. Now our dog keep breaking through the boards and getting out. We have fixed the fence numerous times. Can we legally ask the landlord to fix the fence or is it my responsibility. The fence was broken to begin with but now has gotten worse with rain, neighbors and our dog.


Asked on 3/20/02, 12:46 pm

1 Answer from Attorneys

Victor Hobbs Victor E. Hobbs

Re: house rental with fence

If the dog was acknowledged in the lease and/or you leased the whole house to include the yard. The landlord must keep the fence servicable. You have the right to repair it under CCP Section 1942 after notifying the landlord of the problem. The dollar limit is one month's rent, and only once per year. If the landlord told you about the brick fence when he rented the property to you that might make your reliance on that promise enforceable. As for the dog extend a cable across the yard. Put the dog on a long leach so that it can run, and not be breaking through the fence.

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Answered on 3/20/02, 1:22 pm


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