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?

UPDATED: Jul 20, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption