Is my LL responsible for replacing my fence?

Question

Hi. I rented a house about a month ago (Northern San Diego, CA). The house had a fence around the entire backyard. I have dogs, which were permitted in the lease, and I pay $50 monthly pet rent. My lease is for one year and my rent, including dog rent, is $3100/mo.
Within days of moving in, I noticed issues with one of the fences,,,the planks were dry rotted and very loose. They were not actually nailed in, they were resting in a tongue and groove type fence. My dogs escaped our yard, went into the neighbor's yard, and were subsequently turned over to the pound. I had to pay $300 in fees, as well as about $150 in supplies to try to secure the fence myself.

The homeowner came by and agreed the fence needs replacing, but because the neighbor says he can't afford it, we won't be doing the fence.
Yesterday, my dogs pushed the fence again, and got into the neighbor's yard. Again "someone" (neighbors swear it wasn't them that called...totally don't believe that!) called animal control and my dogs were picked up. So, I'm looking at another $300+ in impound fees.
I'm trying to be a responsible dog owner, as well as a good neighbor and tenant, but it's like they say, "Good fences make good neighbors."
Is my homeowner responsible for replacing the fence? Can I deduct the dog impound fees from my rent? If my dogs get hit by a car, or cause damage while they escape, is my homeowner financially responsible?

For $3,100 a month, I feel like I deserve a secure fence!

Answer 1

Probaby but how you handle this would depend on whether it would be 'better' for the sake of peace and quiet, to do it yourself. An owner is responsible for not letting their dogs get out to roam free after all. All I can say is we rented a property with a fence that kept blowing down. Our then landlady, who was a farmer and so able to come in and do the work pretty fast, told us that next time it went down, they'd be replacing it with a wire fence not a solid wood one. Might have made sense except the sideway had a lane up to some industrial units with trucks passing by all the time. Having a solid wooden fence was pretty much essential I felt. As it happened, it didn't come down again before we left!!



Normally speaking if they are providing a property with certain facilities, said facilities should be kept in good working order. But again, if I had dogs and were able to find a rental property (!!) I don't think I'd be rocking the boat. In other words, I'd do any repairs needed to keep my dogs IN.

Answer 2

You are responsible for your pets. You didn't think it necessary to walk around the fence and be sure your dogs were secured and then when you knew they weren't you let them loose again. That isn't what I call responsible pet ownership and your landlord is not responsible for your pets. What I would suggest is that you run some lines and then put your dogs on runners. Dogs can always get out of a fence but they seldom get off of good runners. That way you know they are safe and out of your neighbor's yard. I do think you have something to discuss with your landlord and that is a secure fence. Maybe it only needs a few screws to secure those loose board. YOu would think the landlord would want a secure fence if not for your dogs, then for the damage loose fence boards can do. But you don't seem to understand that you do rent pretty much what you see. He may not want to guarantee your dogs will not get out. Your landlord does not owe you anything. For the rent and since it did appear to be a good fence(?), then the landlord should make it secure to my way of thinking. Have you talked to the landlord. YOu know that often a landlord is not aware of repairs that need to be done because they don't live there and little stuff is often not reported until it is big stuff. Also be sure your collars dont' stretch out like all of my new ones and it took me two days to catch one that just didn't want to come in until I cooked chicken.

Answer 3

YOUR dogs are YOUR responsibility. It is 100% your liability if they get out and impounded or injured. You know the fence is insecure, so don't let them out unsupervised. It's pretty simple.



As far as the fence goes, it doesn't even sound like the LL owns the fence. You had a chance to inspect the fence before leasing, and you accepted it as is. Unless your lease specifically says the landlord will provide a securely fenced yard, then he doesn't have to fix it.



What you pay and what you feel you deserve is irrelevant.

Answer 4

I've tried chicken wire...unfortunately the fence is so fragile that the boards pop in and they jump through. I was thinking of nailing up plywood, but the fence would fall over with the weight. I suppose I could buy enough chicken wire to attach to the entire fence, from top to bottom, but that is yet another expense I feel I shouldn't be responsible for! I don't mind doing the labor, but I can't keep paying more money on a property that I don't own.



I'm so frustrated with this whole situation...I would love to find a new tenant to take over my lease and just move...but alas, I spent all my money moving into this place!!! :(

Answer 5

All expenses of your dogs are your responsibility. Your dogs escaped once from the yard, yet you allowed your dogs to be in the yard once again. Did you think your dogs forgot how they got out the first time?



You are required to pay for the release of your dogs, and is you are unable to pass this cost on to your landlord, by taking it out of the rent you are required to pay.



Normally a fence is a shared responsibility between neighbors. If one of the neighbors is not able to assist in the repair of the fence, normally the fence would not be repaired.



Since you indicated the fence is in need of repair. There is not one place in the fence that your dogs would find to get out. The entire fence should be inspected for repairs and take necessary action to make the repairs.



You made an attempt to do the repairs with chicken wire. It might be that you would need enclose the entire fence with chicken wire in order to keep your dogs in the yard.



The fence has nothing to do with the house being live able. With or without the fence you are able to reside in the house. The landlord is not required to repair any item unless if has to do with the safety, health and welfare of this/her tenants.Fences do not fit into this category.



You might try keeping your dogs on a a rope tied to a pole in the yard, that might be purchased at any pet store. You would have choice of the length of the rope. Normally they are inexpensive, certainly less than $300.00.



I hope this has been of some benefit to you, good luck.



"FIGHT ON"

Answer 6

As your dogs are your responsibility and you keep getting impound fees and sounds like you will continue to get impound fees if something is not done........ the fence from your comments is not your landlords and the landlord is then not responsible for property that is not theirs...if they own half then see if they are prepared to fund half and you fund the rest, either that or go to an agricultural supplier and purchase a roll of sheep fencing and posts which will be a faction of the cost of another impound charge ( or the worry of your dogs getting out and getting injured or killed)

Answer 7

If having a "secure" fence was one of your requirements when renting the place, why did you select a place with a dry rotted fence and planks just resting in place instead of secure?



I have the same problem as you. I live in SoCal. My fence is falling apart. Fences in our area (yours and mine) are mutually owned. To fix the portion I share with the neighbor is $6600. They can't afford their portion and I wait until = 1. I win the lottery and don't care about paying for both portions ($3300 is a lot of money to "gift" to my neighbor). 2. they figure out how to pay for it. 3. the fence falls and the city makes them pay their portion.



Is my homeowner responsible for replacing the fence? Yes, when they are ready to fix it. No, they don't have to provide a secure place for your dogs. Your lease allows you to have the dogs; it does not say the landlord is in any way responsible for the dogs



Can I deduct the dog impound fees from my rent? LOL. no



If my dogs get hit by a car, or cause damage while they escape, is my homeowner financially responsible? LOL no.



My guess is if the dogs get out again, the animal control is going to confiscate them.

Answer 8

Who actually owns the fence? Based on your comment "but because the neighbor says he can't afford it, we won't be doing the fence," it sounds like the neighbor does. If that is the case, it is the neighbor's responsibility to repair it. Your landlord is not responsible for repairing someone else's property.



It is your responsibility to keep your dogs confined to the yard.



No, you cannot deduct the pound fees from your rent because it is not the landlord's problem that they got out. If the dogs are hurt when they get out, your landlord is not responsible for their veterinarian care.

Answer 9

What you fell like you deserve is not supported by law. They are not required to fix it. They are not responsible for any pound fees or any other pet related expenses.



"Finally, an argument can be made that an agreement to allow "Outdoor only" animals to live on a property, there should be a reasonable amount of protection to keep animals in the yard." Wrong. There is no such legal requirement. Unless you were guaranteed a dog proof yard in your lease in no uncertain terms then you are not legally entitled to one. Allowing them on the property in no way obligates the landlord for their protection.



What makes sense, what is fair & what is legally required are often not the same things.



The most you can do is get permission from the landlord in writing to erect what ever you need to protect your dogs. They have no legal oblation to pay for it.

Answer 10

No, you cannot deduct any of those costs from your rent. The landlord is not required to have a fence which can retain your dogs. Here is a hint. Put collars on your dogs and then secure them with a reasonable leash.

Answer 11

If the fence is on the property line then usually it is up to both homeowners to agree to replace it. It is your responsibility to keep your dogs in check.

Answer 12

Here the next door owner is responsible for half the fence, so he can be taken to court and ordered to pay for his half. For interim use chicken wire as temp fence copy past for a Picture https://s-media-cache-ak0.pinimg.com/736x/2b/49/e0/2b49e066c416584b51df07f8963979fd.jpg



Now you need your own poles metal or wood to attach it to. Is what I did till new fence installed. I used the metal fencing type, is cheap

Answer 13

They are not responsible for replacing the fence, no. No, you cannot deduct the impound fees. No, the homeowner is not responsible for your dogs.

Answer 14

you're paying $3100 a month and can't afford a few $ worth of nails/screws?