backyard access rights
I am a renter in the same apartment for 2 1/2 years which has private access to about a 25’x25′ backyard. My landlord told us last week that the contractor who is breaking ground on the lot behind us is requesting to move our back fence up about 10 feet. They threatened to go through the city for access if we don’t cooperate. We were told by the contractor that they are providing financial reimbursement to the landlord, but we dont know how much. At the same time, our landlord decided to ask for a rent increase (which they admittedly haven’t done since we moved in). They claim they spoke to us about the increase 2 months ago, but they did not. They say they want to keep the rent the same as it is now for the period the contractor says they need the property (5 months!) and then increase it when the yard is given back to us. The contractor offered to remodel the yard when they’re done as well, which will add value to the rental property. We asked them to reduce our current rent by the amount the contractor is giving them for this period since we’re losing the best feature of our apartment and asked them to get what the contractor is agreeing to in writing. We also nasked that they offer us a new lease with the updated rent amount. They responded saying that they have the right to increase the rent and that we can deal with the contractor directly if we want to try to get money from them and we’re on our own. Didn’t provide any info about how much they want to increase the rent either. So is there really nothing we can do about the contractor taking access of the yard? And if that’s the case, what legal standing do we have for financial reimbursment? Do we have the right to enter into a contract with the builder and see what we might be able to negotiate with them? Thanks!
gillianr718
in Garden 13 years and 3 months ago
5
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5 replies
Goatcrapp | 13 years and 3 months ago
Considering you have no claim on the property in any way, shape or form (you’re a month to month tenant at this point) – then this talk of contracts is at best a bit silly. You’d basically be approaching the contractor and asking for shut-up money. They may or may not be willing to put this in writing… More than likely, you’ll be handed an envelope and share a knowing wink across the fence line. It does suck that this is happening to you.. and it all seems very unfiar – however that is the difference between owning and renting.. and one of the biggest downfalls.. There is no legal requirement for fairness as long as the landlord follows all (or even just most) of the rules as it pertains to notification, habitability, etc. Your warrant of habitability only barely extends past your window unless you’re specifically renting the yard (and have terms that are drawn up for the yard) – in this case, it wouldn’t even be your landlord subjecting you to noise/dirty air/ debris and etc – it’s the construction going on at the lot behind you. As a renter there’s very little you could do, other than leave. If you DID have a lease, this could would be pretty much a slam dunk reason to break the lease early with no fear of penalty… but otherwise – nope. Accept the reduced rent, and get it in writing if you plan to stay. Accept the shut-up compensation from the contractor if any is forthcoming, and don’t use words like contracts with him.. he’ll likely just blow you off.
elbow | 13 years and 3 months ago
Sounds like you’re month to month in a non-regulated building. I think your best bet is to try to make some kind of deal with the owner of the property under construction. They may want to offer you something just to keep the peace. Sorry this is happening to you. You could try to see if your landlord would offer you a rent reduction, but from what you’ve said that seems unlikely. If I were in your shoes I might try shopping for another apartment – living next to a dig is not going to be pretty.
Townie | 13 years and 3 months ago
Once construction begins you won’t want to use your backyard anyway. 5 months sounds optimistic. The fence will stay until the building is totally completed especially if they are building up to the lot line. I would anticipate between 2 and 5 years before the fence comes down.
elbow | 13 years and 3 months ago
Do you have a lease now? How many units in the building?
daveinbedstuy | 13 years and 3 months ago
There is nothing you can do about the reduced yard access. The landlord can raise rent when the lease is up. And, you should get a new lease, or a lease renewal with the new amount. You can pay it or opt to leave. They don’t have to tell you in advance. Giving you a break on the new rent for the period that the contractor is there seems generous enough.