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Old 11-08-2013, 11:47 AM
 
2,288 posts, read 3,241,884 times
Reputation: 7067

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I'm with STT, its gone on way too long. She is either a nut or trying to get the OP to move. I sure couldn't enjoy the yard with the LL there! To bad the weather isn't nice, you could go out in the backyard and sunbathe as nude as you feel comfortable with.
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Old 11-08-2013, 11:51 AM
 
5,724 posts, read 7,489,851 times
Reputation: 4523
It sounds like she is not ready to let go. Start looking for a new place.
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Old 11-08-2013, 12:11 PM
 
Location: Minneapolis
2,526 posts, read 3,055,169 times
Reputation: 4343
Quote:
Originally Posted by MrRational View Post
Which has absolutely ZERO to do with noise or activity.
Absolutely incorrect. In my state (Minnesota), there are several cases in which similar incidents have allowed a tenant to break a lease. I suspect one could find similar legal precedents in virtually every state.
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Old 11-08-2013, 12:12 PM
 
Location: Foothills of Northern California
442 posts, read 588,898 times
Reputation: 324
What State are you in?

Obviously no one wants someone on their property on a regular basis. I am sure there are laws which prevent this.

This has nothing to do with fixing the place up.

We had a Landlord wish to do the same, he was on our property for 2-3 months straight. it was agreed upon in the beginning.

We also got money knocked off the rent due to this imposition. No issues, we agreed to it. This was 25 yrs ago


I'd not bother to move if she has such little respect. That's not your problem. Get her off the property legally instead.

There is a contract in place governed by State laws. She must adhere to these, hold to her side of the bargain.

Good luck to you
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Old 11-08-2013, 12:21 PM
 
Location: Foothills of Northern California
442 posts, read 588,898 times
Reputation: 324
This might help. Here are laws regarding privacy. But there are other laws too

Chart: Notice Requirements to Enter Rental Property, by State | Nolo.com

My State requires a 24 hour notice each time the landlord enters and leaves the property. Upon that notice, I suggest you call her back

with a timeframe of what works for you to have her on your property (but she may or may not, honor it).

Last edited by californiawomann5; 11-08-2013 at 12:30 PM..
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Old 11-08-2013, 12:30 PM
 
Location: Foothills of Northern California
442 posts, read 588,898 times
Reputation: 324
You should really negotiate maybe paying half the rent while she is repairing the residency since she is putting you out. That's only fair. We have a tenant paying rent to live on some land of ours. We will wait until he leaves, or lower the rent when we are ready to install a fence and have the property cleared.
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Old 11-08-2013, 12:53 PM
 
4,399 posts, read 10,678,723 times
Reputation: 2383
Quote:
Originally Posted by californiawomann5 View Post
You should really negotiate maybe paying half the rent while she is repairing the residency since she is putting you out. That's only fair. We have a tenant paying rent to live on some land of ours. We will wait until he leaves, or lower the rent when we are ready to install a fence and have the property cleared.
Do you have a sprinkler system?
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Old 11-08-2013, 12:56 PM
 
Location: Foothills of Northern California
442 posts, read 588,898 times
Reputation: 324
Quote:
Originally Posted by jdm2008 View Post
Do you have a sprinkler system?
I am not sure. My husband knows that stuff.

There is a canal and a good size year round creek on the property, I remember that.
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Old 11-08-2013, 01:44 PM
 
Location: Foothills of Northern California
442 posts, read 588,898 times
Reputation: 324
Here's a provision of law called Quiet Enjoyment. It is clear the "hostile claimants" portion is -ALSO- something you're enduring also since your Landlord, upon your complaint, mentioned your option to move. So your situation fits like a glove.

Very rude, very hostile of her to even mention you're moving after she is harassing you.
Quiet enjoyment legal definition of Quiet enjoyment. Quiet enjoyment synonyms by the Free Online Law Dictionary.


Quiet Enjoyment


A Covenant that promises that the grantee or tenant of an estate in real property will be able to possess the premises in peace, without disturbance by hostile claimants.
Quiet enjoyment is a right to the undisturbed use and enjoyment of real property by a tenant or landowner. The right to quiet enjoyment is contained in covenants concerning real estate. Generally a covenant is an agreement between two parties to do or refrain from doing something.
Courts read a covenant of quiet enjoyment between the Landlord and Tenant into every rental agreement, or tenancy. Thus a renter, or tenant, has the right to quiet enjoyment of the leased premises regardless of whether the rental agreement contains such a covenant.
In the covenant of quiet enjoyment, the landlord promises that during the term of the tenancy no one will disturb the tenant in the tenant's use and enjoyment of the premises. Quiet enjoyment includes the right to exclude others from the premises, the right to peace and quiet, the right to clean premises, and the right to basic services such as heat and hot water and, for high-rise buildings, elevator service. In many respects the implied covenant of quiet enjoyment is similar to an Implied Warranty of habitability, which warrants that the landlord will keep the leased premises in good repair. For example, the failure to provide heat would be a breach of the implied covenant of quiet enjoyment because the lack of heat would interfere with the tenant's use of the premises and would also make the premises uninhabitable, especially in a cold climate.
Other rights related to quiet enjoyment may be tailored to specific situations. For example, at least one court has found that the ringing of smoke alarms for more than a day is an interference with a tenant's quiet enjoyment of leased premises (Manzaro v. McCann, 401 Mass. 880, 519 N.E.2d 1337 [1988]).
Tenants have at least two remedies for a landlord's breach of the covenant of quiet enjoyment: the tenant can cease to pay rent until the problem is solved, or the tenant can move out. A tenant who moves out may be liable for any rent owing under the agreement if a court decides that the landlord did not breach the covenant of quiet enjoyment.
A covenant of quiet enjoyment may be included in an exchange, or conveyance, of land ownership at the option of the parties to the deed. Quiet enjoyment has a slightly different scope in the context of land ownership than it has in the context of a tenancy. When a seller gives a deed to the land to another party, the seller no longer has control over the property. The covenant of quiet enjoyment, when contained in a deed to real estate, warrants that the title to the land is clear, meaning that it has no encumbrances, or claims against it by other persons.
A warranty deed includes a covenant of quiet enjoyment. By contrast, a quitclaim deed makes no warranties regarding the title and contains no covenant of quiet enjoyment.
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Old 11-08-2013, 01:57 PM
 
Location: The Triad
34,106 posts, read 83,054,663 times
Reputation: 43682
Quote:
Originally Posted by californiawomann5 View Post
It is clear the "hostile claimants" portion is -ALSO- something you're enduring also
since your Landlord, upon your complaint, mentioned your option to move.
You're reaching for the stars.

Quote:
So your situation fits like a glove.
Hardly.
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