Saturday, October 24, 2009

3 Family apt building, To whom does the Yard belong to?

ive been living in my building for 10 years, this new family moves in to the 1st floor, they've been living there for like 6 months now, they cleaned the yard and said the owner told them to clean the yard because the yard was theirs, ???????is this legal?
Answer:
It's a common area, so all tenants have the right to use it. Now, the landlord may require them to maintain it since they are on the first floor. The details should be in the lease.
Unless you have it written in your rental agreement, it's up to the landlord.
the yard belong to no one, check with the housing authorities.
The yard belongs to the landlord. If you are allowed and guaranteed access according to your lease then talk to your landlord, otherwise, it's not really an issue.

I'm not sure why you care that the yard got cleaned up. You should know better than to believe another tennant when it comes to issues regarding the property.
My guess would be that the yard is a common area. However, if you haven't been taking care of it, then the landlord may be entitled to give these people full use of it providing they do care for it. If your lease doesn't say anything about the yard, then I'd guess that you are just renting the apartment and nothing else. Perhaps the landlord has made other arrangements with the new folks. Did you ever ask about the yard before? Maybe they did.
The yard belongs to the property,,,,the landlord is responsible for maintaining the courtyards, and common shared spaces.
For example the parking lots, parking structures, any buildings, the sidewalks, the pool, the clubhouse, and so forth.
If he made an agreement with that particular resident then the provision would be apparent in the resident's rental agreement. Unless the resident feels ok with maintaining the yard on his own. Most landlords would not be comfortable with taking on liability from residents working on HIS property. I hope your landlord is not takin advantage of this particular resident.
Leasing agent Scottsdale, AZ.
I doubt when they said that, they meant strictly theirs. Just be happy they are cleaning it and not trashing it. That is to everyone's benefit that lives there.

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