Landlord Question and Answer Forum

We live in our two-family duplex home and have a built in pool. We told the realtor that use of the pool by the tenant was prohibited for liability issues. The tenant has their own driveway and outdoor space on their side of the home. On the lease where it states what is included in the rent, it lists the rooms in the apartment, central air, dishwasher, washer/dryer hook-ups, and a two-car driveway. NOTHING IS SAID THAT THE BACKYARD COMES WITH THE APARTMENT. It was never discussed prior to signing the lease. The back door is in their kitchen, and they have access to the back yard through that door and may use it to come in and out from their doorway, but we told the realtor from the beginning that they could not use the yard. Apparently, from what the tenants said, she never told them that. The tenants have since set up a new table and chairs and beach chairs and a grill and have started having parties/barbecues out in our back yard. When I approached them and told them that there has been some misunderstanding, that their outdoor space is on their side of the house, they were furious and said they were never told that they couldn't use the back yard. I tried to explain that the liability issue is too great with the pool, and they have drunken parties every weekend; I'm afraid one of them will fall in, but they are very upset about this. Does a back yard automatically come with an apartment or would that have to be specifically listed as included in the rent, which it isn't? Please help. We live in Massachusetts.

Usually, a yard comes with a rental... but if nothing was signed about the pool not being of use than that could be an issue. I would contact your realtor, and refer to what she stated in your lease.

Posted by karen s, WI on Tuesday, April 23, 2013