Full question:
We are renting a house on 1 acre. There are some shops in the back of the property which is in our backyard. The owner's son has started to work in the shops. We have no privacy in our backyard. Also, we found out that he is on probation because of drugs. When we signed the lease agreement the shops were not a part of our agreement. They did not tell us that someone would be using them. We have talked to the owners and they are not going to give us anything off of rent and they are still going to allow him to come 3 times a week. We are not comfortable and we are paying a lot for rent and have to take care of all of the outside yard. Is there anything we can do?
- Category: Landlord Tenant
- Date:
- State: Idaho
Answer:
This could depend on the terms of the lease. If the entire property was part of the lease then there is no right for them to occupy or use part of the leased premises. If the shops were not includes in the lease and this was clear then they could continue to use them. If the shops were not mentioned in the lease and are on the property covered in the lease they do not have the right to use them absent a provision in the lease to that effect.
Every lease has an implied warranty of quiet and peaceful enjoyment. If this use is disturbing your enjoyment of the property that could be reason to terminate or take other action. On the other hand, if the shops were excluded from the lease your expectation that they not be used may not be reasonable. Hope this helps.
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