All Forum Posts by: Marc Dufour

My tenants left the property at the end of the lease. 10 days later I received on the door a overdue notice at the name of the tenant but my address that they didn't pay for their water and that it is $300. I already sent the security deposit back. - Am I the one liable for the bill? - Should I cancel the security deposit and take the money for the water to pay it directly? - Can the water put a lien on my property even though the water account was at their name?

Are there some articles you would recommend to market/run an open house to find tenants?

I don't see in the law the definition of a common fence. Is it on the properly line? Is a fence 3 inch away from the property line considered common?

In California, I wonder if each property owner has to pay for 50/50 of a fence replacement even though the fence is NOT on the property line by more than 3 inch?

My neighbors try to force me to change the fence. Through their lawyer, they claim that the fence will be changed within 30 days and that I have to pay half. If not, they will sue me in small claim court, and my property can have a lien.

According to CA civil code 841, the fence needs to be repaired.maintained by both neighbor. 

The reality is that I don't see this fence compared to them and they refuse to pay less than 50/50.

- Can they force me to pay?

- Do I have to reimburse legal fee if I lose even in small claim court?

- I am not sure the fence is even on the property line. Can I ask them to pay for a surveyor or it has to be at my charge since I bring it up?

- I suggested to pay 15% of the fence as they benefit more from it than me. They refused.

- Any recommendation on what to do next?

- According to the law, does the fence have to be the same height as the current one for repair or can it be a lower (cheaper) one?

I have a tenant lease ending Sept 30th. However, I can only do the move-out walk through on Oct 3rd. 

Is it ok or the tenant could claim any damage would be the result of something happening after their lease ends? (even though no one will be in the home until Oct 3rd).

Can I just do the walk-through myself on Oct 3rd and have them ship me the keys?

How much are suveyors typically just to come and see if a fence is 2 inch on what side?

are the surveys public information or I need to pay for them?

By the way, their lawyer is one of their family member...how does it affect their case eventually?

Assuming the fence is exactly between the properties, don't I have to share the cost according to california  civil code 841? Does the law say I don't have to do it because I have a second fence on my property? If I have to do it, do I have to share 50/50 even though the benefit is better for them? (I don't see that broken fence)

They kept asking for 50/50 split but in reality there is a second fence in my property so that I don't see the broken fence and already have the privacy.

The space between the two parallel fences is mine and  is only 6 feet wide. So technically broken fence is between the two properties.

Do I really have to change the broken fence?

Can I legally asked for something not 50/50 since the fence is viewed by them and not me.?

Good question! Is a fence mandatory?

They talked to me before.