Legal Question in Real Estate Law in California
partial actual eviction
What are my options in the following
situation?
In 1995 I was locked out of the shared
backyard of the house I have rented since
1990. The property has two houses on it a
larger home and the one I live in.The backyard has always been a shared space.
But in 1995 the tenant next door decided
that I should no longer have use or access to the yard. I have requested several times that
they give me a key to the gate. I have been
denied every time. At the time they locked me out I complained to the landlord and nothing
has been done.
I have one other question my house has only
an entry door there is no other way to ge out should there be a fire as the front of my home is above agarage.
1 Answer from Attorneys
Re: partial actual eviction
It is difficult to answer on the facts presented. I would have to know
the original agreement with the landlord. Why did you wait so long after
being locked out in 1995 to do anything?
You might call in local housing inspectors to see if your house meets all
relevant codes with only one exit, above a garage. Of course, one problem is that
they could condemn the place and make it illegal for you to live in it.
You might also see if your city is served by a neighborhood dispute resolution panel,
which might help you and your neighbor work out the yard problem.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
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