Skip to content
Real Estate News & Current Events

User Stats

6
Posts
2
Votes
Christy Barre
2
Votes |
6
Posts

Our landlord is building an ADU on our rented property

Christy Barre
Posted Apr 25 2023, 15:47

Hi all- my goal is to own but have to ask this as I'm currently renting. Our landlord is going to build an ADU in our backyard therefore we're losing all our privacy. And basically access to yard because there will be workers all around all day. Is this legal ?

User Stats

1,240
Posts
3,055
Votes
Terrell Garren
  • Rental Property Investor
  • Concord, NC
3,055
Votes |
1,240
Posts
Terrell Garren
  • Rental Property Investor
  • Concord, NC
Replied Apr 25 2023, 17:12

You rented the whole property, not just the house.  I suspect the owner is in violation of the lease, but you need to verify.  The owner may have subdivided the property and you did not rent what you think you did.  Once you confront the owner, it will not be pretty.   Best to you. 

User Stats

6,523
Posts
6,793
Votes
Bjorn Ahlblad
Pro Member
#5 Multi-Family and Apartment Investing Contributor
  • Investor
  • Shelton, WA
6,793
Votes |
6,523
Posts
Bjorn Ahlblad
Pro Member
#5 Multi-Family and Apartment Investing Contributor
  • Investor
  • Shelton, WA
Replied Apr 25 2023, 17:13

@Christy Barre is the matter addressed in your lease? Hard for us to know with out that. All the best!

BiggerPockets logo
BiggerPockets
|
Sponsored
Find an investor-friendly agent in your market TODAY Get matched with our network of trusted, local, investor friendly agents in under 2 minutes

User Stats

94
Posts
34
Votes
Nathan Faselt
  • Rental Property Investor
  • Iowa City, IA
34
Votes |
94
Posts
Nathan Faselt
  • Rental Property Investor
  • Iowa City, IA
Replied Apr 25 2023, 17:22

Thank you for raising this question. In my opinion, if the landlord is in violation of the lease agreement. However, it's important to carefully review the lease agreement to see if there are any clauses that allow for making improvements or performing maintenance that was not previously agreed upon in the lease. To avoid any confusion or issues in the future, it would be best for the landlord to include specific language in the lease agreement regarding their right to make improvements or perform maintenance during the lease term or renewal. As for Terrells point above that would be interesting to know if the lot was divide off to my understanding most ADU's are not subdivided off but if that was the case it was, is that legal? as you rented the whole property.

User Stats

6
Posts
2
Votes
Christy Barre
2
Votes |
6
Posts
Christy Barre
Replied Apr 26 2023, 11:33
Quote from @Terrell Garren:

You rented the whole property, not just the house.  I suspect the owner is in violation of the lease, but you need to verify.  The owner may have subdivided the property and you did not rent what you think you did.  Once you confront the owner, it will not be pretty.   Best to you. 


 thank you - yes this is what I've found as well.. I'm resurfacing the lease and will look. if it wasn't subdivided and we have rented the entire property.. what should I do?

User Stats

6,898
Posts
8,512
Votes
Bill Brandt#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
8,512
Votes |
6,898
Posts
Bill Brandt#3 1031 Exchanges Contributor
  • Investor
  • Las Vegas, NV
Replied Apr 26 2023, 11:54

Ask for a discount, ask to get out of the lease? That’s between you and your lawyer and the landlord. And probably the government unfortunately. 

User Stats

1,168
Posts
777
Votes
Henry T.
Pro Member
777
Votes |
1,168
Posts
Henry T.
Pro Member
Replied Apr 26 2023, 12:11

Are you month to month, or lease?

User Stats

1,240
Posts
3,055
Votes
Terrell Garren
  • Rental Property Investor
  • Concord, NC
3,055
Votes |
1,240
Posts
Terrell Garren
  • Rental Property Investor
  • Concord, NC
Replied Apr 26 2023, 12:30
Quote from @Christy Barre:
Quote from @Terrell Garren:

You rented the whole property, not just the house.  I suspect the owner is in violation of the lease, but you need to verify.  The owner may have subdivided the property and you did not rent what you think you did.  Once you confront the owner, it will not be pretty.   Best to you. 


 thank you - yes this is what I've found as well.. I'm resurfacing the lease and will look. if it wasn't subdivided and we have rented the entire property.. what should I do?

What @Bill Brandt said.