What to do if I rented a house and was not told that the landlord also rented a boat slip in my backyard to someone else?

It is a private house which i am responsible for. This man walks back and forth throught my backyard all day,leaving me trapped inside. I would not have rented this house had I have known I was sharing the property. I pay all utlities and water and he uses it, plus i remove his garbage. Should my landlord have told me?

Asked on July 20, 2012 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Speak with an attorney; you may have grounds to either rescind the  lease and move out without penalty and/or to seek monetary compensation. The possible grounds are:

1) Breach of contract  (lease): when you lease a property, you receive exclusive possession to it (except for the landlord's right to access for inspections, to show for sale or rental, and maintenance). If the landlord is allowing someone to walk through your property, you are not being given exclusive possession.

2) Violation of the covenant of quiet enjoyment: you have the right to "quietly enjoy" your rental without disturbance; what you describe violates that right.

3) Fraud: if the landlord knew that he was renting or going to rent the boat slip out to someone else and did not dislose that, that could consitute fraud, since it is a critical piece of information.


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