Legal Question in Landlord & Tenant Law in Florida

leased home fence moved

2 months after leasing a home with a fenced yard we were told the fence would be move in ''a little'' because it was partially on common area. A previous owner had the fence installed 4 years ago and the HOA was NOW taking action. We leased this home in part because it had an adquate size back yard that was fenced. We have 2 dogs and a young child who need such a back yard to play in. Less than 1 hours after receiving an email from the rental agency stating the back fence line would be moved in, it was. We lost 2/3 of our back yard space. The back fence line is now just a couple of feet beyond our small cement patio area. There's no real room to have our todderl's small swimming pool, much less much of anything else. Do we have a legal leg to stand on to get our of this 1 year lease? We need a home with a real back yard. We let them know immediately that we would be looking for another home and asked what the process is for exiting out of the lease under this situation. We have not gotten any response to any of our calls or emails. We don't have a lot of money for a lawyer - Do you think we could win our case???


Asked on 3/18/08, 8:02 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: leased home fence moved

you probably win, but without money to fight and on your own, you may lose. Try to negotiate your way out of the mess when you find (but don't commit to) a new place. Good luck.

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Answered on 3/18/08, 9:38 pm


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