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    tracybrown42's Avatar
    tracybrown42 Posts: 2, Reputation: 1
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    #1

    Apr 11, 2017, 10:35 AM
    I rent and installed a privacy fence and paid for it.
    I have been renting from my current landlord for 6yrs never missing rent. There is no written rental agreement, just month to month but was verbally told I could live here for as long as I want if I pay rent. Their run free dogs caused me to install a privacy fence to keep my dogs safe and keep their dogs out of my yard after 3 years of telling them what their dogs are doing, they did nothing. Their dogs are left out to fen for themselves so they are not your normal dogs. I paid for the fence I installed the fence. Few months back their husky dog jumped my fence and attacked my 6mth old german shepherd when I let her out to go to the restroom and did not see their dog and he tore her face off. I had to rush her to the vet and do surgery costing 250 dollars. I have been trying to get my landlords to pay for the damage but they refused and said I was nice to their dog and that is why he jumped the fence and attacked her. A few days ago on the 7th of April they asked me to move giving me a 30 day notice. I am wanting to take down my fence and take it with me costing me 2200 dollars. Can I do that without causing trouble for myself. Thanks
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
    current pert
     
    #2

    Apr 11, 2017, 11:46 AM
    Unfortunately, you don't have as many rights as many of us would love to tell you you do.

    Starting with your vet bill, I would sue him in Small Claims for that. But first I would tell him that he has to pay. His argument about why his dog jumped the fence is pitiful, and the reason doesn't even matter.
    BUT you have to leave if he terminates a month to month, UNLESS you think you can find a lawyer who will sue him for retaliation. Some states are much more tenant friendly than others. CA is very tenant friendly.
    Also, you are not supposed to take any 'fixture' with you, and the fence is a fixture. Now some people would take it anyway, and let him sue you to bring it back. But strictly speaking, that would be illegal and retaliatory. You have to decide how far retaliation is going to go...

    As for the 30 days notice, it has to be in writing. In some areas and situations, 60 days are required.

    If you want to up the game, you can tell him he will have to go through the formal steps to evict you, OR let you take the fence AND pay your vet bill.
    That's what I would do, but it is a threat you should be willing to follow through on if he doesn't accept.
    tracybrown42's Avatar
    tracybrown42 Posts: 2, Reputation: 1
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    #3

    Apr 11, 2017, 02:31 PM
    Thanks
    smoothy's Avatar
    smoothy Posts: 25,492, Reputation: 2853
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    #4

    Apr 11, 2017, 02:38 PM
    I agree with Joy... that fence became a "fixture " and isn't yours to take with you. Without a lease... you are legally month to month. You could try and sue him for the dogs injuries... but unless there was a police report and investigation done proving it was his dog. Good luck proving it in court.

    Start looking... you can ask for that to be in writing, and that notice takes effect the beginning of the rental cycle. Normally the first of the month. He can jack up the rent every month within legal guidelines for your area. If you are in Florida he only has to give you 2 weeks notice.

    Good luck reinstalling that fence anyplace else, or even transporting it yourself. Unless you live in a crappy area, most localities wouldn't even let you reinstall a used fence. If it would even fit in your new yard. Labor costs might even preclude doing it. Where would you put it BEFORE you move... and AFTER the day you move it would become trespassing, destruction of private property and theft to go back for it.

    There are lots of things you CAN do IF properly presented and negotiated... and all of them can backfire in your face if NOT presented properly or negotiated properly. Properly all depends on both parties and being able to present them in ways they other finds favorable to each other....and knowing them well enough to present it in just the right way. Making demands usually bring that to a screeching halt before it even starts.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Apr 12, 2017, 04:27 AM
    First, any question on law needs to include your general locale as laws vary by area.

    But generally joy and smoothy are correct. Even if you had permission to install the fence, as a renter any improvements made to the property are the property owner's. If you tell us where you are, we can tell you how much notice is required. And yes, you tell them you require a written notification to vacate.

    As to the vet bills, do you have any proof it was their dog?

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