Odd fencing/lease question.?

[arvad]

Alright so background first please bare with me. I own my house, the properties next to mine contains two buildings a front building and a building in the back.

I rented the building in the back for my father, the only way into this properties is through the front properties yard or by climbing over my fence. The person I rented the house next to mine had my father sign a lease stating that eventually he the landlord would install a fence / gate into my yard and remove his access to the front buildings yard.

Now I didn't really think about this to much when my dad signed the lease ( I signed nothing and my father has no claim on my property), but now the landlord finally decided he is ready to put the fence up, and several problems have arisen.

A. I will not be living here much longer do to job reason and my dad will no longer have any access to the house when I sell
B. I have a privacy fence that only opens from one side .... and a dog in other words it cant be closed if my dad leaves, my dog would get loose and he would have to walk through my house to get to his... He leaves at 4am comes home weird times ..... this would not work...
C. I'm certain it would be illegal as emergency services would not have proper access. (if any one could feel me in on Florida laws here that would be great)

Well anyways I know at the end of the day I could always refuse to let him cut into my gate, but I think it would give him grounds to evict my dad as its in the lease. and if he did not evict him he could remove his way in with a fence with no gate pending for me to put one up....

So what can I do here please help, and thanks for taking the time to read this

P.S I tried explaining the situation to the landlord most he will say is you can not go back on the lease.

[shen86]

The landlord MUST provide access to the building he is renting to your Father. Failure to do so is breech of contract on his part.

The landlord cannot force you to provide access via your property based on a lease agreement that you are not involved in. (Even if you were part of the verbal discussions about the lease, you never signed it, which means you're not bound by its terms).

Therefore, the landlord has no legal option except to continue to provide your Father with access to the property via HIS property. You can install a gate from one back yard to the other if both property owners agree, but that does not end the landord's obligation to provide unrestricted access to the building. This means even if you install a gate, the landlord must continue to allow access via his own property.

No matter how you resolve this, the landlord is going to have to continue to provide your father the ability to access the rented building via the landlord's property wihtout him being required to set foot on your property when he's coming to & from home.

[sebastiano]

Why not just let Dad stay in your home when you move out?

[garbhach65]

Why not just let Dad stay in your home when you move out?

Based on what the law is where _I_ live, in Washington State, the property owner MUST provide an "easement" through his property to get to the "landlocked" back part that is rented out. If I did this, I would have to provide an easement the size of a driveway, because it must accommodate a vehicle. He owns ALL of the land and is only renting part, so he must provide a path and access to the back part that he rented out. YOU, owning the adjacent property have NO obligation of any kind. Check and see about zoning requirements. It may be that this guy has to provide, by law, a driveway sized easement! In my area, if I have a rental such as you describe, I am also required to provide tenant parking for a vehicle as well, either on my front part of the property, OFF the street, or by a driveway to put the vehicle in the back. Either way, off street parking is a requirement for a property rental. Time to finds a lawyer who knows real estate and rental laws and then, maybe take the guy to court over it all...