he asked me to go to a court because he is claiming money for the fence he put in the property while he was renting, is this possible?
2007-06-11 10:28:54 · 11 answers · asked by ghislainer 1 in Politics & Government ➔ Law & Ethics
I don't think the tenant has a leg to stand on legally. If you are the property owner, did he get permission for you to put a fence on the property? Did he obtain a building permit for the fence.
If he never sought your permission for the fence, he has no right to build a fence. As the property owner it's up to you whether or not you want a fence on a property, since you are legally responsible.
If he never obtained a building permit for the fence, then the fence is illegal, and you can tear it down. Most municipalities require permits for things like that.
I hope that you have evicted this fellow. If you want to shut this guy up real fast, you should file a counter claim against him for damages to your property. I have a feeling he will change his mind really quickly.
At a minimum, you should check with your local code enforcemnt office to see if a permit was obtained and go from there.
2007-06-11 10:38:48 · answer #1 · answered by Anonymous · 1⤊ 0⤋
These kind of cases depend on the judge. The fact is that regardless of permission if you benifit from the fence then the person who installed it can claim some compensation. However if you can prove no permission was given for the fence then either you can approach it as a gift or as a nuisance which actually harmed you. You can attempt to have the tenant pay for its removal and disposal.
Bottom line if you order the fence removed you pay nothing if you try to keep it and benifit from it then the judge may award the tenant something however most likely not the full value of the fence.
2007-06-11 10:43:48 · answer #2 · answered by levindis 4 · 0⤊ 0⤋
The tenant can file suit. But he may not have a valid claim. Any improvements made to the real estate belong to you. In order to get money from you, he would have to show that you hired him and agreed to pay him to put up a fence.
2007-06-11 10:34:07 · answer #3 · answered by regerugged 7 · 1⤊ 0⤋
Well, I live in PA, and used to work at a rental agency...when people would "do it themselves" they were not allowed to ask us for compensation in return. They are RENTING the property, they don't own it. There is probably a claus in the lease (or at least I hope). It's like when you lease a car, you're not allowed to put a new stereo in it, or put rims on it. And if you do, you can't ask the car company to pay you for the so called improvements.
2007-06-11 10:33:37 · answer #4 · answered by Sara 3 · 0⤊ 0⤋
Unless the tenant has proof that you offered to pay for the fence, it is a fixture and goes with the property. Tell the tenant to sue you. he/she will lose.
2007-06-11 12:40:45 · answer #5 · answered by hexeliebe 6 · 0⤊ 0⤋
No anything he did to the property while he was renting was of his own volition. Tell him to take the fence if its that important to him.
2007-06-11 10:32:17 · answer #6 · answered by Anonymous · 2⤊ 0⤋
if you didn't give him consent to put it up, he will actually have to pay you for the destruction costs, even if you did, unless it's in writing say you didn't. Unless there is any documented proof that you consented deny everything and you will win.
2007-06-11 10:34:12 · answer #7 · answered by blartholemew 2 · 0⤊ 0⤋
Its his property, he can do what he wants with it. That doesn't mean that he can charge you to fix his property, that is what you are paying rent for.
2007-06-11 10:34:04 · answer #8 · answered by stephen v 2 · 0⤊ 1⤋
If the owner didn't agree to this, he can NOT collect money.
2007-06-11 10:34:22 · answer #9 · answered by infobrokernate 6 · 1⤊ 0⤋
What does the lease say?
2007-06-11 10:32:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋