Legal Question in Real Estate Law in Oregon
landlord claims that 1/2 of backyard is
I recently asked my landlord to call
before coming into our backyard (she
lives next door and comes over
whenever she pleases). She brought
out the rental agreement and
showed me that we don't rent out
the whole backyard. Even though it
is in the agreement, I did not realize
that when I signed the rental
agreement a year ago- it is a crude
drawing. She never pointed it out
and even told me that that portion of
the yard was a good place for my
garden and pets. She is now building
a fence through my backyard and
taking even more space than is
sectioned off in the lease. She is
adding an addendum to the
agreement noting the extra space
she is taking. She is saying that she
doesn't have to ''ask my permission''
to go onto her own property. Does
this sound legitimate? Her lawyer is
the one who suggested she build the
fence. She keeps telling me that she
needs to ''protect herself''.
1 Answer from Attorneys
Re: landlord claims that 1/2 of backyard is
You are most likely entitled to exclusive use of the area described in your lease. If the landlord is fencing off part of your exclusive use area, you may have a dispute with your landlord, which could lead to various remedies. If she is trying to add an addendum to the lease, she must follow specific laws in order to do so.
As far as the area that you believed to be part of your exclusive use area, but she is claiming is not, it is possible that you might have been misled, which could also lead to specific remedies.
Without meeting with you and talking about your specific facts, however, it's impossible to give you any legal advice. I recommend that you talk to an attorney to find out what your rights are and whether your landlord is operating properly under the Oregon Residential Landlord/Tenant Act. Many attorneys, including myself, offer low-cost and/or free consultations.
Good luck,
Erin Fitzgerald
Fitzgerald Law
www.legalfitz.com
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