Fences and Neighbors

“Good Fences make Good neighbors” is so true. There may be a time where you question if whether your neighbor’s fence has gone over your property.

First of all, make certain by obtaining a survey. Once you obtain the survey and are certain that your neighbor has over stepped themselves, contact and notify your neighbor and confirm it in writing what you believe has happened. Removal may be a solution.

If a friendly solution can not be reached, an ejectment may be filed. The court, however, will weigh the costs involved if removal is the solution. If the cost for removing the fence is greater than the benefit of removal, the court may not order your neighbor to move it.

Can a Tenant hold back rent?

Often times there comes a point where Landlords do not hear the compaints of their Tenants. If that occurs, and it involves the "habitability" of the rental property, a Tenant may hold back rent.

A landlord warrants to the tenant that the leased property is habitable. This is known as the Implied Warrant of Habitability. If the tenant determines that there is a problem that amounts to a breach of the Implied Warranty of Habitability, the tenant should notify the landlord in writing of the problem and allow a reasonable period of time for the landlord to make the repairs. The breach must be so severe that the tenant cannot continue to live in the rental the and would have to leave unless the repairs were made.

A Tenant may : (i) declare that they have been constructively evicted and leave the premises;(ii) repair the defect on the premises after giving the landlord a reasonable opportunity to do so and deduct the costs for repair from their rent;(iii) withhold the rent until the landlord effects the repairs; or(iv) make the repairs and proceed with suit against the landlord to collect the costs of same.