Legal Question in Real Estate Law in California

My landlord had divided our property into two, with a fence, so his friend can live in the backyard. His friend is not on our lease. Is this illegal?


Asked on 1/02/14, 6:50 pm

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Normally, the lease or rental of a house includes the yard, garage, etc., so normally a landlord cannot put up a fence between the house and part of the yard and rent or give use of the yard space to anyone else. However, leases vary, and yours may contain some provision that expressly or impliedly permits this. This would be unusual. More likely, the landlord is trying to take advantage of you.

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Answered on 1/02/14, 8:39 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Whipple. If you have leased the entire property, he cannot take it away from you and give it to someone else. You should have your lease reviewed by an attorney, as it appears your landlord is in breach of your lease.

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Answered on 1/03/14, 6:26 am


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