Is the porch part of the back yard?

Question

I am renting the first floor of a house and in the lease it says tenants don't have access to the back yard. However there is a raised fenced back porch about three or four feet off the ground that is accessible through a sliding door from the kitchen. There are steps leading to the back yard from that porch.

We asked if we could use the porch and were told no because it was in disrepair, however the neighbors dogs run up on the porch when they see me at the window (shared backyard between two houses). If we can find out that the porch is fine for use or if we fix it, are we allowed to use the porch? Or is it considered part of the back yard.

Thanks in advance.

Colleen F. · Answer

Well if it is in disrepair and you want to use it you might propose that in exchange for fixing it you can use just this item.   Fire code would seem to dictate that you would have to have exit ability through that door though and it would have to be in sufficient repair to do so. You don't have any recourse if she says no because I think just about anyone would say that if you go out the back door you are in the backyard but you might ask that the neighbors dog be restricted from the use of the porch if this disturbs you.

Major Robertson · Answer

It does not say anything in the lase, it only says no back yard use. The question is if the porch is the backyard or part of the house.

We were told no because it was in disrepair, however we believe she may be fibbing.

Scott Demots · Answer

Sounds like the answer was covered in the lease agreement. I agree with the earlier suggestion ask the landlord about it.  Maybe you can come to a different agreement.

Is the porch part of the back yard?

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