QUESTION
What is the definition of a landlord''s property? Does it include just the house or does it also include the front and back yard?
Asked on Apr 29th, 2012 on Real Estate - Ohio
More details to this question:
Due to ongoing dog feces issues, I have instructed my downstairs tenant that he is no longer allowed to toilet his dog on my property, i.e., my front or back yard. This evening, I caught him in my front yard, with his dog. I instructed him to move to the tree lawn which I believe is city property. He refused saying he "checked" (whatever that means) and that because he pays rent to live in the downstairs of my double home, I cannot stop him from using my front or back yard to toilet his dog. I say he is wrong. I believe the definition of "property" includes not only my house but it also my garage, my driveway, and my back and front yard. I pay real estate taxes for this plot of land so I feel that all of it is MY property. Who is correct??
1 ANSWER
Real Estate Law Attorney serving Anniston, AL
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The important question is what portion of your home (i.e., your property) did you rent out? Your lease should spell out precisely what portion of your property you intended for your tenant to occupy. Quite obviously you excluded the upstairs portion of your property. It is likely that you did not specify very clearly. If that is the case, I would suggest that you avoid costly litigation the outcome of which is uncertain but which will absolutely poison the already strained relationship with your tenant. It is my opinion that it would be better to wait until the lease expires and then refuse to renew it. Another possible option, if your lease addresses such things as maintenance of the leased premises, is to terminate the lease based on a failure to maintain the property in a clean and sanitary way. Does your lease require such things as this of the tenant?
For the next tenant, see a good real estate attorney and ask him/her to draft a better lease that will contain protective language.
Answered on Apr 30th, 2012 at 9:43 AM