Legal Question in Real Estate Law in California
Landlord created a hazard by removing fence
Landlord removed a chainlink fence covered with ivy, approximately 12ft high. He did not replace the fence between properties creating a hazard due to elevation differences in the two properties. The children of his tenants and their friends liked to jump down the wall onto the neighbors property. The fence was determined to be on the property of the landlord by a survey. By him tearing down the fence, he and the contractor removing fence caused damage to the neighbors property, and the landlords failure to be willing to work with the neighbor and erect a new fence. Left a hazordous situation, which leaves the neighbor with a liability issue if his tenants get injured while jumping onto the neighbors property. What responsibility does the landlord have about creating and leaving a hazardous situation, both for his tenants and the neighbor? Does the landlord have to erect some kind of fence to protect his tenants and remove the attractive nuisance?
2 Answers from Attorneys
Re: Landlord created a hazard by removing fence
First of all, the landlord has to be put on notice that this is a "dangerous condition" on the property created by him. You can do this by sending him a letter with certified mail. Then, if somebody gets injured, he will have been put on notice. Also, you may want to look at your lease agreement. I'm sure it says something about the landlord's obligations to maintain the common area and make sure it is safe. You can use that language in the letter. If that doesn't work, you can always call the city/county inspector to look at the property and if they agree that it is dangerous, they can require him to remedy the problem.
Re: Landlord created a hazard by removing fence
Sending a letter may be a practical, preventive measure, but I don't think the landlord's potential liability depends upon "notice." The landlord created the danger and would be liable under tort theories of negligence for any injuries, especially to children.
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