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.


Asked on 1/25/99, 8:21 pm

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

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


Read more
Answered on 1/29/99, 7:54 pm


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