Legal Question in Real Estate Law in California

landlord splitting our yard

we have been leasing a house for 1 year, now the landlord is going to be taking away half of our back yard by building a fence so the new neighbors can have a yard, when we leased the house we leased the whole house, and the whole backyard aswell. can he do this or does he have to wait until we move or can we ask in an adjustment in our rent?,


Asked on 5/23/99, 12:06 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: landlord splitting our yard

For him to take away the yard would likely be a material allowing you to either break the lease or obtain damages such as some type of rebate on the rent.

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Answered on 6/01/99, 4:51 am
Thomas W. Newton Tims & Newton

Re: landlord splitting our yard

I agree with Mr. Koury. When you signed the lease

you agreed to pay rent for a specific piece of

property, probably described by the street address

of the rental property. Even though the lease

probably didn't spell out a specific square footage,

the law would imply that you have the use of the

entire property the landlord owns at that address.

If the landlord does fence off a portion of the

property you've used under the lease, he/she has

breached the lease. You can either break the lease

based on that breach, or demand a reduction in rent.

This assumes, of course, that nothing in the lease

gives the landlord the right to pull the stunt

you've described. But, even if the lease does include

such a provision, I think you can still win.

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Answered on 6/03/99, 3:23 am


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