Can a landlord evict a tenant who installed a fence that the landlord thinks is unattractive?

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Can a landlord evict a tenant who installed a fence that the landlord thinks is unattractive?

The landlord told my elderly neighbor that she will be evicted because the fence that was built to keep her dog in is unattractive and looks “unprofesionally built”. Does the eviction process involve court action?

Asked on July 11, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

To answer your question, you must first look at the terms of the written lease that you have with your landlord assuming you have a written agreement. If there is a written lease agreement, look to see what the lease allows you to do as a tenant concerning installation of improvements on the property during the lease.

If the written lease says nothing on the subject, then most likely the landlord cannot evict your elderly neighbor who built a fence on the property that the landlord considers unacceptable.

In the beginning, the evcition process does not involve court action. The beginning of the process occurs when the tenant is given a notice to quit. If the tenant does not voluntarily leave after receiving this notice, then a lawsuit is typically filed with the court.


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