If the renter’s dogs next door have dug under the fence and it’s falling down, who should pay for repairs: the renter, the owner, or the management company?

The fence fell down 10 years ago because of the neighbor’s dogs and wind. I split the cost of repairs with the management company to replace the fence. Since my property is 15 feet above theirs they agreed to build a retaining wall to hold up the fence. All they did was pile up dirt along the fence and set some cinder blocks on top. The dogs dug the cinder blocks away and now the fence is falling down again. I don’t feel I should have to pay for their negligence. Do I have a small-claims suit?

Asked on July 9, 2012 under Real Estate Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the renter's dogs caused the issues with respect to the fence that you are writing about then the renter's should be responsible for the costs of repairs to the fence.

From what you have written, the renter's and the owner of the next door property should be reponsible for the costs of repairs of the fence that you are writing about. It sounds as though small claims would be the best way to resolve the matter if the renter's and the owner of the next door property will not voluntarily make the repairs.


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