Park Slope Backyard Access for Rentals (apartments, how much, tenants)

[sftobrooklyn]

Hi.

Firstly, thanks for reading this. I'm new to NYC and not familiar with rights and customs in the area.

Here are the details of my situation.

I rent a duplex apartment on the first and basement levels that has a door to a backyard space. This door is from the interior of my private apartment from the basement level. No one can get to this door without entering my apartment.

My neighbors -- on the first floor (same floor as me but without the basement bit)-- climb out their window to get to the garden.

I have lived here for a year and subletted from my roommate who was fine with them using the space. She moved out six months ago and I signed my own lease.

The neighbors are still using the yard and I don't want to share anymore -- have some cool plans on what I want to do with the space and they take half of it up with their potted plants and compost bins.

I've looked at my lease and there is no info about the space and whether it is for private use by my apartment. I've emailed the landlord asking them to clarify.

But while I wait for a response -- I'm curious what others think here.

If two apartments look out to a backyard but only one has a door with direct access and the other is accessed by climbing out a window -- does the yard belong to the one with the door?

[funcrusher3000]

Typically, the apartment with the door would get the yard. But...based on the landlord's decision, it can be a shared space for all tenants, in the end it is up to landlord to make the call.

[allanny13]

Damn, should have gotten it put in your new lease rather than asking about retrospectively. Now it basically depends on how much your landlord likes your neighbors vs you?

[bluedog2]

Originally Posted by sftobrooklyn

Hi.

Firstly, thanks for reading this. I'm new to NYC and not familiar with rights and customs in the area.

Here are the details of my situation.

I rent a duplex apartment on the first and basement levels that has a door to a backyard space. This door is from the interior of my private apartment from the basement level. No one can get to this door without entering my apartment.

My neighbors -- on the first floor (same floor as me but without the basement bit)-- climb out their window to get to the garden.

I have lived here for a year and subletted from my roommate who was fine with them using the space. She moved out six months ago and I signed my own lease.

The neighbors are still using the yard and I don't want to share anymore -- have some cool plans on what I want to do with the space and they take half of it up with their potted plants and compost bins.

I've looked at my lease and there is no info about the space and whether it is for private use by my apartment. I've emailed the landlord asking them to clarify.

But while I wait for a response -- I'm curious what others think here.

If two apartments look out to a backyard but only one has a door with direct access and the other is accessed by climbing out a window -- does the yard belong to the one with the door?

If it doesn't say in your lease that you have exclusive right to use the back yard then you don't have exclusive right to the back yard.

[sftobrooklyn]

landlord says is mine! woohoo. just need to get it in writing now

thanks all!