Legal Question in Real Estate Law in California

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.

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.