Legal Question in Real Estate Law in California
The fence at the rear of my residence is deteriorating through normal aging. I do not expect it to survive this winter's storms. I sent a letter to the property owner (an absentee landlord) with photos describing the damage and asked him to contact me with his input. He ignored my letter. I got his phone number from his tenants and called him. When he answered, he said he couldn't afford a new fence. I told him lost my job in July, but that doesn't change the fact that the fence needs attention. I have called repeatedly and left messages, but he does not return my calls. The tenants have a large, aggressive dog and a portion of the fence has fallen in. I see this as a threat to people on my property, including my wife, myself, and any guests.
What options do I have to make him live up to his responsibilities as a homeowner and landlord? Can I have the fence repaired and bill him for half? Can I take him to small claims court? Can the city force him to make reasonable repairs as a landlord for the benefit of his tenants?
1 Answer from Attorneys
You generally can require the neighbor to share the reasonable cost of fixing a joint fence. There is a statute which provides some help in this situation. If he does not pay, you probably can get some relief in small claims court. Don't know about the city vis a vis the landlord.
Talk to your local bar association about a consultation with a local real estate attorney.
Good luck.
Jim Arnold
925-284-8887
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