If we live in a 2-family house with a large yard, can our landlord’s husband park his car in the yard without our permission?

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If we live in a 2-family house with a large yard, can our landlord’s husband park his car in the yard without our permission?

The landlord says “I am the owner of the property and I and invited guests have the right to enter the property at leisure at anytime.” There is nothing in our lease (or the other family’s lease) stating that the landlord may use the property, in fact the lease contains clauses about the conditions under which the landlord may enter the property (e.g. to inspect window guards with 48 hours notice; to enter apartment to make repairs or show the apartment to buyers, etc). Can a landlord use the property (specifically the garden or yard) without tenants’ consent?

Asked on August 13, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

A description of the leased premises & the scope of a tenant's use of the leased premises are usually contained in an express clause in the lease. Additionally, a lease clause may expressly restrict the landlord's right to use a certain portion or portions of the premises.

In some cases a landlord may lease the house or apt, but not include use or exclusive use of a parking space or a driveway by the tenant. This may also apply to the use of a basement area, backyard or a storage area. The exclusive use of these areas by a tenant & any restriction upon the landlord's right to use these areas, should be included in the lease agreement in order to properly safeguard the tenant's rights.   


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