Expert Witness Blog

Landlord/tenant expert witness Robert Griswold offers this advice to a tenant regarding fencing:

I would advise your landlord to take responsibility and properly replace the fence. Of course, your landlord cannot force you to repair or replace the wooden fence, as it is part of the premises that he is responsible for maintaining. Not doing so puts him at increased risk for injury claims and may cause problems with his insurance carrier if it inspects the property...

I wouldn't advise you to withhold rent. Communicate with your neighbors, as I am sure you are not the only one concerned. Perhaps you can coordinate with the other residents and the landlord to work out this problem. Perhaps the costs for repair and replacement could be shared between the landlord and some of the residents through a community garage sale or other similar event. Clearly, a new fence is in everyone's best interest.