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kbh120983 · Sep 11, 2008, 03:25 PM

I lease a house that has a front yard and a backyard and a legal apartment off to the side. My landlord and his dog live in his apt in the garage that I do not think is legal. When we moved in he told us he would be moving in a few months. Before he moved he let his big german sheperd mix run the property and always run up to my guests and come in my house. He moved and after a month he is back. Now it has started all over again and finally I said something to him and he got very nasty telling me that his dog has lived here a lot longer than I have. I told him then he should not have rented it out. When you lease a house doesn't that include the property around it. Technically shouldn't the landlord and dog not be hanging out in the yard of I'm leasing? He says his dog doesn't like the leash and likes to run but that is not my problem that his dog is not trained I have a dog and I keep him around my house not all over the property.

JudyKayTee · Sep 11, 2008, 04:42 PM

Originally Posted by kbh120983

I lease a house that has a front yard and a backyard and a legal apartment off to the side. My landlord and his dog live in his apt in the garage that I do not think is legal. When we moved in he told us he would be moving in a few months. Before he moved he let his big german sheperd mix run the property and always run up to my guests and come in my house. He moved and after a month he is back. Now it has started all over again and finally I said something to him and he got very nasty telling me that his dog has lived here a lot longer than I have. I told him then he should not have rented it out. When you lease a house doesn't that include the property around it. Technically shouldn't the landlord and dog not be hanging out in the yard of I'm leasing? He says his dog doesn't like the leash and likes to run but that is not my problem that his dog is not trained I have a dog and I keep him around my house not all over the property.

You have a right to NOT be disturbed. Yes, you could break the lease and move. I would notify him in writing that if the situation is not corrected in 30 days, you will be moving.

Your lease should tell you exactly what you are leasing. I've seen leases that are restrictive concerning the surrounding property - for example, the tenant has no rights as far as the backyard is concerned.

ScottGem · Sep 11, 2008, 04:49 PM

Essentially you have two units occupying the same property. This means the grounds are common and shared. Unless your lease species that you get exclusive use of the grounds, I'm not sure you have much grounds.

Of course his dog shouldn't be entering your indoors or bothering your guests. But since it's the landlord's property it may be reasdonable for him to have the run of the grounds.

rockinmommy · Sep 11, 2008, 05:13 PM

I think that technically you're right. At least that the dog should not come in your house or bother you. (Probably shared common areas.)

But it sounds like something that could easily escalate into a full blown battle. At this point I'd decide if it's a battle worth fighting. Take into consideration how long you plan to live there, how large of a rent increase you'd be willing to pay when the lease comes up for renewal (if you'd like to renew)... things like that. It may not be right or fair, but as the owner of the property he's probably not the best person to pick a fight with.

kbh120983 · Sep 11, 2008, 05:40 PM

When someone leases you a house/ property, doesn't the yard and patio count as part of the house unless otherwise stated?

ScottGem · Sep 11, 2008, 05:54 PM

Please do not use Emails to follow-up. Post a reply to the thread for any follow-up.

Alty · Sep 11, 2008, 06:04 PM

Okay, a question for the legal experts. Doesn't the fact that the landlord told him that he'd be moving have any say in whether he can break the lease? Yes, the landlord did move, but he ended up coming back.

Just wondering. :)

kbh120983 · Sep 11, 2008, 06:09 PM

I do not want to break the lease. I just want privacy and I am paying $2000 a month to rent a house. I did not rent an apartment I rented a house with a front and backyard. I do not want this person's dog on my space. He is living in an illegal apartment in the garage and I think it is common sense when you rent out property to stay off it unless there is a reason to be on it. Am I in the wrong?

ScottGem · Sep 11, 2008, 06:10 PM

The thing is the landlord owns the property. If it was rented with a condition that the landlord would be vacating and stay away, then the landlord moving back might be grounds for breaking the lease. If the landlord moving back interferes with the tenant enjoying the use of the property, it might be grounds. But, I'm not sure what a judge would say in this instance.

Since the landlord does own the property (and the legality of the apartment is not your business) he is entitled to use the property unless it interferes and then, how interference is defined, will have an impact.

As for it being your space, that depends on what the lease says about your use of the property.

kbh120983 · Sep 11, 2008, 06:35 PM

The lease says, Lessee shall peacefully and quietly have, hold and enjoy the demised premises for the agreed term.

kbh120983 · Sep 11, 2008, 06:36 PM

If you own property and have an illegal dwelling are you allowed to live in it?

kbh120983 · Sep 11, 2008, 06:43 PM

My lease also states that I have leased the premises of the address, together with all appurtenances.

Alty · Sep 11, 2008, 07:00 PM

I would suggest getting a lawyer at this time, see if you can do something about this.

Good luck. :)

ChihuahuaMomma · Sep 11, 2008, 10:39 PM

It might depend on the state, but here yes. And you must keep it presentable.

ScottGem · Sep 12, 2008, 05:22 AM

Originally Posted by kbh120983

If you own property and have an illegal dwelling are you allowed to live in it?

Depends on why its illegal. But even if it is illegal, its not your concern. You are not liable in any way for the illegality of the dwelling.

JudyKayTee · Sep 12, 2008, 05:26 AM

Originally Posted by kbh120983

If you own property and have an illegal dwelling are you allowed to live in it?

If a dwelling is illegal, NO ONE is allowed to live in it - neither landlord nor tenant.

JudyKayTee · Sep 12, 2008, 05:34 AM

Originally Posted by kbh120983

I do not want to break the lease. I just want privacy and I am paying $2000 a month to rent a house. I did not rent an apartment I rented a house with a front and backyard. I do not want this person's dog on my space. He is living in an illegal apartment in the garage and I think it is common sense when you rent out property to stay off it unless there is a reason to be on it. Am I in the wrong?

I don't understand why you think it's "common sense" to stay off a property you are renting if there is another unit on the property -

Again, I see no options other than breaking the lease and moving.

If you rented with the understanding (and it's going to be your word against the landlord because I can't imagine it's written into the lease) that the landlord would not live on the property and he's back, then he's in violation.

If you rented with the understanding (again, part of the lease) that the GROUNDS are included in the lease, then the terms have been broken.

If there was an agreement that his dog would NOT be roaming the property, again, the terms of the lease are broken.

If you are offended that your landlord is living in an illegal apartment you can report the illegal apartment to the appropriate authorities and get him removed. He will then undoubtedly find reason to evict you and you can see how that eviction holds up.

I see no legal recourse for you other than breaking the lease OR sending a letter advising you will withhold rent until certain conditions are corrected. He'll try to evict you and, again, you can see if that eviction holds up in Court.

I'm sure this is all very upsetting to you but legally you have very few options.

Please don't start a new thread with half the info posted - it's unfair to the people trying to provide good answers to you and will be incorrect because people responding to the second thread have half the important info.

JudyKayTee · Sep 12, 2008, 05:36 AM

Originally Posted by kbh120983

When someone leases you a house/ property, doesn't the yard and patio count as part of the house unless otherwise stated?

Please don't post the same question on another thread - you may be unhappy with the original answers you received but they are legally correct.

The same people who answered the first thread will see this, the second thread.

Should be combined.

ScottGem · Sep 12, 2008, 05:42 AM

Originally Posted by kbh120983

When someone leases you a house/ property, doesn't the yard and patio count as part of the house unless otherwise stated?

I've merged the two threads. It makes no sense to open a new thread for the above question.

Normally, if one rents a single family, stand alone dwelling, they get exclusive use of the grounds. But when one rents a property where there are multiple dwellings on the property, then, unless stated otherwise, the grounds would be shared.

rockinmommy · Sep 12, 2008, 06:05 AM

Original Poster, I stand by my original answer. I believe you do have "rights" and are "correct" for the most part.

The point I'm trying to make to you is that it's the OWNER of the property. Sure you can battle him until your blue in the face on this, but where is it going to get you? Even if a judge rules that his apartment is illegal, he has to move out and/or his dog isn't allowed in the yard your best case scenario is that he'll leave you alone until your lease is up and then give you a 30 day notice to get rid of you. If you plan to move when the lease is up anyway, that's an option.

It's not a "fair" situation. You're "right", he's "wrong", but in this specific scenario that's not going to get you very far. Or if it does get you the result you want (dog banned) I have a feeling along with it will come a whole other set of headaches with the landlord.

Just out of curiosity... is his dog particularly offensive in some way? Is the other tenant bothered by the dog as well? Our neighbor's dog was constantly in our yard - like your situation, would even come right in our house if given the opportunity - and it bugged the pooh out of us. We finally just kind of gave up and "adopted" her as our mascot. Now she comes over all the time, plays with our dog, hangs out, and then goes home. I guess she kind of grew on me?? I'm still annoyed that the owner lets her go all over like that, but now I like the dog.