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You probably could. It's probably not trespassing, as there is probably an easement to the back unit. Or the LL could claim there is one, and you should have known about it...I don't know.
But, if having someone get to that unit means your use and enjoyment of the property is diminished, because you were not informed that you're space would be constantly violated, you might be able to claim the LL has broken the implied covenant of quiet enjoyment.
At any rate, I doubt the LL is going to abandon plans of renting out that unit. Trying to force him to do so, or bringing the law down on his head, isn't going to make for a pleasant experience landlord/tenant-wise.
If you want to move, you can probably get out of the lease. And I wouldn't blame you, as I think what he did is really crummy - looks deliberate to me, that he didn't let you know about this before you signed on the dotted line.
Or, you could try negotiating a lower rent based on this invasion of your space/privacy that you believed you'd have.
If you can prove the quiet enjoyment issue, you can quit paying rent or move out. It's not guaranteed, but you can use it as a bargaining chip, if you want to convince the LL to let you out of the lease, or to lower your rent, etc.
People mistake the term "quiet enjoyment" to be about silence. It's not. It's about interference with your expected use of the property.
I'm curious, why is so difficult for you to talk to your landlord? Talking to us is going to get your nowhere and get your nowhere quickly (oh, look! We're here!)
Get a hold of your landlord and ask about the utilities...the garage is really none of your concern, so I wouldn't go there with him. Just find out about the utilities.
If talking to your landlord is "difficult" and you've only just moved in, your tenancy is likely to be a very rough one fraught with difficulties at every turn.
I'm curious, why is so difficult for you to talk to your landlord? Talking to us is going to get your nowhere and get your nowhere quickly (oh, look! We're here!)
Get a hold of your landlord and ask about the utilities...the garage is really none of your concern, so I wouldn't go there with him. Just find out about the utilities.
My landlord ignores all of our calls. He takes weeks to respond. Currently, we are at day 8 of waiting for a reply for our last email. We contacted him about the utilities issue and he said that we agreed to a 25-33% discount per month to our utilities. This was a fabrication and complete bs by him. That convo never occurred nor did we ever agree to that or would agree to that. Nothing in the lease talks about it. He has begun to clean it up and fix it. Yet, other people, likely his family, are doing the work and he's not there. There is no path to the converted garage as our driveway is the only way to gain entrance or exit. It's very uncomfortable. To make matters worse, while they are using our utilities currently, they accessed our back yard where I put my trash bins and they threw their garbage away in my bins. They went directly into my back yard that is private, through a fence that is supposed to separate the two. Another thing, they just showed up today and began work. There was no alert ahead of time or letting use know when they arrived. They just began cleaning and fixing it up as I heard the metal gate open as they walked passed our cars in the driveway.
My landlord ignores all of our calls. He takes weeks to respond. Currently, we are at day 8 of waiting for a reply for our last email. We contacted him about the utilities issue and he said that we agreed to a 25-33% discount per month to our utilities. This was a fabrication and complete bs by him. That convo never occurred nor did we ever agree to that or would agree to that. Nothing in the lease talks about it. He has begun to clean it up and fix it. Yet, other people, likely his family, are doing the work and he's not there. There is no path to the converted garage as our driveway is the only way to gain entrance or exit. It's very uncomfortable. To make matters worse, while they are using our utilities currently, they accessed our back yard where I put my trash bins and they threw their garbage away in my bins. They went directly into my back yard that is private, through a fence that is supposed to separate the two. Another thing, they just showed up today and began work. There was no alert ahead of time or letting use know when they arrived. They just began cleaning and fixing it up as I heard the metal gate open as they walked passed our cars in the driveway.
Have you sent a certified letter to the landlord yet? If not, do so first thing Monday morning. Address the utility issue; you shouldn't be paying electric for a garage you can't be using. Address the trash bin issue (if he pays for the service, you might be out of luck) Address the access issues, let him know that you aren't comfortable with people coming and going onto the property that you have possession of thru your lease.
can you call the police and report a trespasser? I'm not usually up for that, but in this case it might rattle something. I don't know.
I would contact an attorney on this matter. Start with a half hour consultation. Cost would likely be under under $200. Ask about the fee before you set the appt. Go there in person ( or the attorney consultation) and bring a copy of the lease and the elect bill.
They will let you know your rights and guide you on how best to proceed. Make sure it's a real estate attorney in same county as the rental. Also make sure the attorney deals with landlord tenant issues.
I wouldn't want folks walking down the narrow driveway, past my car, on a regular basis. They might be carrying items and bump into your car and scratch or dent it. Plus you have to be extra careful driving in/out since you never know if a human is there. The shared utilities is awful. The garage probably has bad insulation which means the heat/air will run longer per sq foot than a normal home with normal insulation.
What if the new renter has a pet...then what...you'll have a dog in the driveway on regular basis?
You rented a single family home and now you are put in a multi-family situation, but worse due to shared utilities.
yes he rented the home not the drive way or the garage. the single family units we rent out that have a garage is stated in lease that it is not included in rental and drive way is common with garage. (started this because we have been left with to many garages full of crap) if you wish the garage it is more money separate lease. we tend to use them for our equipment or rent them as winter storage or summer storage . and this is 100% leagle
yes he rented the home not the drive way or the garage. the single family units we rent out that have a garage is stated in lease that it is not included in rental and drive way is common with garage. (started this because we have been left with to many garages full of crap) if you wish the garage it is more money separate lease. we tend to use them for our equipment or rent them as winter storage or summer storage . and this is 100% leagle
OP doesn't want to use the garage. But the driveway is included as part of the SFH/yard that OP has leases. Their landlord didn't say in the lease that the driveway is common with the garage or shared with anyone. Then there is the separate issue of utilities that OP is paying for but same utilities are hooked up in the garage.
Some say maybe the renter can get out of the lease. Yes, that is one remedy. But what if the renter doesn't want to get out of the lease, but wants to have full access to the home/driveway/yard as per normal expectations when renting a SFH. And also to not have a garage apartment hooked up to the utilities of the SFH, without prior agreement with OP. IMO, OP should be able to get what was agreed to in the lease and have full access to driveway and not share access with anyone else. Also get the garage utilities off the utilities of the SFH. Need attorney asap to possible prevent a renter from coming in before the matter gets more complicated.
OP...check craigslist for ads on that garage apartment. Save the ads in case you need them for proof. Copy/paste the add info into a Word document and save.
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