• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

fence repair...who's responsible?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mrs.jb

Junior Member
What is the name of your state? California
I have this issue with the fence that divides the property between my front yard and the neighbor's front yard. The wooden fence is only about 3ft tall, I think in comliance with our local codes although it looks like it's pretty old and weathered. I believe that the fence in on their side of the property because it is built on the concrete pad of their driveway. The neighbor kids have been using it to sit on and climb on causing the boards to split and fall off. We have repetedly nailed the boards back on, only to find the boards and other garbage on our grass from them sitting and climbing on it. (I've actually witnessed them doing this.) The parents of these kids are deaf and on drugs (no joke). I've tried to tell them to stop, but nothing helps.

Here is where the real catch of day is....we rent and I've told our landlord about the issue with the fence. He just told me to talk to the neighbors. Well, here's another catch, the neighbor's property is owned by the local housing authorities. It's a Section 8 home for low income families. I've contacted and met the person who handles the properties in my area and her response was to contact the police and file a police report for damaged property. Having done this, I got no other response from the housing authorities over who needs to repair this fence.

We have a month to month lease, been renting for about 3 years, and had only one rental increase over these three years. Other homes in our area are renting for about $300 more than what we are being charged. I don't want to formally file a complaint with my landlord and risk the chance of him increasing our rent if in fact he is not the one responsible for repairing this fence. (I know that he can't legally increase the rent because of the fence, but he can legally raise it to match the other homes in the area.)

My questions: Who is responsible? Me as the tenant? The neighbor for doing the damage? My landlord as the property owner? or The Housing Authorities the owner of the property where the damage was done?

And furthermore, they are not only damaging the front fence but also the fence in the back which is about 6t tall. They use it to climb up onto the top of their carport where they like to hang out at. (Oh yeah, calling the police for this matter doesn't help either.)

What actions can I take without losing too much money? I've considered asking the landlord if we can put up a fence on our side at our expense with hope that he would consider footing some of the bill.
 



Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top