When you rent an apartment, are you entitled to use the yard, even if the landlord lives there also?

Question

I live in a house with 2 apartments, I live in one, the landlord lives in the other, and without saying the exact words "you cant use the yard" he has kind of beated around the bush about it..

Also on the deck he has a cooking grill, and we arent allowed to have one.. so we have had to do all our cooking on the stove, which resulted in dishes, and he is complaining that I use "too much water".. I dont understand. Im using LESS than I did in my old apartment, and my landlord never complained about water. I make sure I take very short showers and I dont even do so daily because everytime Im in there, Im anticipating another phone call from him "Why do I hear that water running so much!?!" He and his are the ones doing a good 6 loads a laundry each week, not to mention washing their vehicles quite a bit.

When you rent an apartment, what is included? Is the yard included, or no?

Thanks guys. Nothing is in my lease about not using the yard.. but theres a lot of things that arent in my lease that he doesnt want me to do.

I cant move for 8 months, otherwise Id be breaking the lease and I realy dont want that hassle. Definitly am anxious for those 8 months to pass.

Answer 1

Apparently your landlord wants your money, but not you...

Anyway, all of these items should have been spelled out in the lease or rental agreement. If it isn't, you should propose amending the agreement to reflect what you want and listen to a counter-proposal.

If the apartment is an upper/lower and you are in the upper, then I would say you have a lot less claim to using the yard and deck. If it is a side-by-side arrangement I would say the yard on your side is like your yard.

As to the water, if it is included in the rent, he really has no business telling you how much you can use. I'm guessing there is only one water meter and he can't break it out. Shower when you want. If you want to take 15 minute showers every morning and evening, then do it. If he complains about the water, document each and every complaint he makes so that if/when it comes time to 'break the lease' you have a long paper trail to work with. Next time he mentions water, tell him you no longer want to hear about it, that it is included in the price of rent and if he wanted to restrict that or not include it, he should have spelled it out in the rental contract (I'm serious, tell him flat out that you will not be a doormat!!)

Good luck!

Answer 2

You should have a copy of the lease that you signed so you need to read over it and see if the yard or amount of water they pay for is including in it. If you no longer have the copy, you can request a copy be made and given to you. Some landlords mentiont they will pay for $25 of the water bill, but if you go over- you pay the excess amount but if it says nothing about it in the contract then legally you can use any amount of water and he should not be complaining to you at all. Also, if the contract does not mention the yard- then legally you can use the yard. As for the grill- if the lease does not specifically say "grills are prohibited" then you can have one and you'll just have to tell him that it is not included in your lease so legally you can have one (also, in my city they have to be 10 yards away from your house because of threat of fire so make sure your city has no rules about it). Your landlord cannot change the lease without a months warning or until you renew your lease. Know your rights so you don't get taken advantage of. If I were you, I would move once the lease is up because landlords should not be so demanding.

EDIT: Since you said none of that is included in your lease then you can legally have a grill, use the yard, and as much water as you want/need. The landlord needs to realize everything has to be in the lease for it to be an actual "rule" at his property. He obviously does not know what he is doing if none of that is included in the lease, yet he is telling you that you are breaking the rules or can't do this or that. Move after your 8 months are up because the landlord is irresponsible and this will only cause problems. Oh and remember, if you tell him all of this and he tries to change the lease- tell him he legally cannot change the lease during your renting term until your lease is up for renewal (he can, however, change your rent with 30 days notices).

Answer 3

You really need to read through your lease and see if it mentions these specific items. If you don't have a lease, then you need to sign one right away or get out of there! It protects your rights as much as your landlord's. If you don't have one, he could raise your rent to make up for what he thinks is too much water use. If your lease does not prohibit the use of the yard or using your own grill, then you have a right to it. If he started to make a stink about it, point out the fact that he did not outline those things in the lease.

This sounds like it could end up getting messy, and you might want to try to find another apartment.

Answer 4

If the lease is silent on the issue of use of yard and patio then I'm afraid it's at your landlords discretion. When you rent an apartment in a private home...usually you are only renting the apartment itself..not the yard or patio. As far as the water goes...just ignore him. You really should of had a conversation in regards to these issues before you signed the lease and rented the apartment. Good lesson for next time.

Answer 5

It should be all spelled out in the rental agreement.

My best advice, get out of there as soon as you can. The landlord should be setting the example, not the exception.

Answer 6

All this should be in your contract. It is pretty dumb to complain about water since it is so cheap. If he is in agreement to pay water then you should ignore it. I would avoid they yeard as well.