Portland, OR asked in Real Estate Law and Landlord - Tenant for Oregon

Q: My next door bought home I am renting. I have 1 more year here. They want my backyard & garage. What are my rights?

I don't mind them taking garage as its unusable mold infested. They will own the property in 5 days and want the backyard for more outdoor space for their 6 and 3 yr old boys. I allowed them to take down the fence a few days ago as it was their son's 6th birthday party. I do have a 3 yr old lab and have a fenced front yard that needs new landscaping which they verbally informed me they will do. My concern already is the kid noise as during week babysitter is there w/other kids (total of about 6) & just the mess of kids toys in my yard. The husband mentioned he might want a temporary fence that we can open and close so that my dog doesn't come on their property and I am all for that. I want to know what my rights are with the backyard? I am happy to share the yard during certain times and occasions. Also, with construction happening on the garage, do I get some sort of discount on rent? Do I get a discount all together if I am loosing part of what is mine? They are my friends too.

1 Lawyer Answer

A: Much may depend upon what your lease says - IF you rented the backyard and garage (which you normally would have), they are yours and they have no right to intrude or use either without your express permission. Presumably if you are agreeable, and they want to regularly use them, your rent needs to be reduced to reflect that you are no longer renting everything you were previously.

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