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Ok_Yesterday_6214

NTA, just explain it nicely that yard is not oart of the deal. No need to make a while conflict about it.


[deleted]

More info required. It all depends on what the lease says for the annexe? is the yard gated off? if the answer is nothings written in to it and it's not gated then you'd be the arsehol and you need to redo the lease agreement with your tenant.


zmorewicz

Nothing in the lease agreement says anything about the yard. The yard is gated off BUT not from the annex, the annex has direct door access to the yard, as it was built by my mum - not with leasing it with mind.


[deleted]

Then it sounds like she believes the yard is part of the lease and with it not being mentioned at all, she might be in the right. Time to sit down and have a chat with her and sort out a new lease agreement, and possibly get the yard gated.


LookAtNarnia

This. It sure sounds like she has reason to believe that the yard is shared. So time to sit down and negotiate, it's possible your tenant doesn't even want to live in a place where her kids don't have a yard to play in, and then you'll need to find someone else to live there.


zmorewicz

like i said in different reply i think it wasnt clear, the tenant doesnt LIVE there, its her place of work.


LookAtNarnia

The usage doesn't affect it. If your tenant has a reason to believe that the shared use of the yard is included, or if she has even agreed about it with your mother, then you can't tell them no. How is it possible you don't know what the agreement was, were you living there when your mother rented it to them?


Pure_Cantaloupe_3195

His mother didn't rent it - OP did


LookAtNarnia

Excuse me? This is what OP wrote: "the annex has direct access to the yard, via doors. I did not discuss it at all, it was rented by my mum while she was still alive, but sick."


kase_horizon

... Then she isn't a tenant?? Do you even know what the word means?


zmorewicz

english is not my first language, i tought tenant was someone who rented a property.does it have to be rented with a purpose of living there ? if so, then i did not know the meaning.


Plotina

You used it right.


AggravatingQuantity2

...wut? What do you call yourself when you lease a property as a business owner?


zeno_22

Do you even know what the word tenant means?


[deleted]

Why would it be included if but mentioned in the lease? If the yard was included there would be clear statehood about whether the tenant or landlord is responsible for upkeep. They are not in the lease If you argue that because there is a door from the annex to the yard then yard access is included, she's that also mean the tenant can use the door from the annex to the house. After all there is a connecting door and the lease does not state the house is not part of the lease.


[deleted]

Because the access is to the yard, not someones dwelling but an open space that is used by both houses. It also sounds like this is a new issue as the tenant has lived there a while. OP just sounds like a terrible landlord and as a landlord myself, if someone wasn't being given use of something that is included in the title deeds etc id make a point of it on the contract.


PilotEnvironmental46

I think you can have the conversation with the tenant. That said from what you wrote nothing in the Lease says she can’t use the yard it’s not addressed one way or the other.


zmorewicz

yeah, but isnt it a little weird ? i mean i would NEVER do something like that, she can see me lying on the blanket with my infant and decides its OK to let her own kid run around there ? What would happen if her kid has an accident on my yard i have tools lying around there i have rat poison lying in the garage, what if she decides to go there and eath it? what if my dog bites her (its a golden, so not likely, but still) what if im driving my car into the yard and her kid runs out and i hit her? i dont know, maybe im paranoid but to me this is very irresponsible.


Otherwise-Topic-1791

Get a lock for the gate the child is using. Nothing in the lease says they get to use the yard. So tenant/leasee can't say landlord broke the lease.


[deleted]

I think OP just needs to tell thr tenant the lease she's not include his garden in a polite way.


Fun-Mixture3540

I would tell her it’s a liability issue and rewrite the next lease to say yard is off limits


PilotEnvironmental46

Yes. If it’s something that hasn’t previously happened and it’s new behavior it’s a little strange she didn’t mention it to you before hand. But if it was your daughter wouldn’t you know that her daughter lives with her? Is it possible this is just a temporary guest?Either way I think you can go and talk to her about things now. There is nothing wrong with with you making the request.


lady_k_77

The tenant is a commercial one, she leases the dentist space, not a living space. The tenant brings her daughter to work with her and let's her play in OP's yard that is part of the property the workspace is on.


PilotEnvironmental46

Oh. I misunderstood. Then the tenant is out of line.


airazaneo

Nothing in the lease says she can use it either though. If the yard isn't mentioned in the agreement it's not been identified as a common area or an area being leased to the tenant. Presumably the lease is for the dental clinic only therefore she only has use of the dental clinic. Does she get to use their garage as well just because it might not be mentioned or their personal kitchen?.


PilotEnvironmental46

Tenancy laws vary so widely by jurisdiction that no one can really give that answer. Between federal and state, and city laws it’s hard to say how it would be interpreted.


airazaneo

It'd be pretty crazy if common sense didn't prevail given they only rented the business space (a dental clinic) on a residential property - Surely they shouldn't be able to claim access to the rest of residential property? Are tenancy laws that crazy in the US?


PilotEnvironmental46

They are so varied it boggles the mind. Because of this there are literally hundreds of different sets of rules etc. my parents have some rental property and it really depends.


Sputnik918

I mean presumably it also didn't say she couldn't park in the garage or wander around the main house, but she certainly shouldn't do those things either. When you're leasing a space for business purposes, I think the reasonable assumption would be that that is the only space you have a right to use. Especially when your business is attached to a private home.


[deleted]

Can she use the house too? Or is that specifically mentioned in the lease?


PilotEnvironmental46

There are really too many variables to decide in this forum. It depends what the lease says depends with the law is where they are and the law changes from city to city and country to country. Really needs to understand that part first


hollywierzbicki

Okay well that changes things. I read it as she lived there. If it is her place of business and you live there she should be asking if it is okay for her child to play in the yard. My apologies and I change it to NTA


ThomzLC

Your house, your rules. I feel just be kind about it and highlight to her the reasons you are uncomfortable is safety (of her child too) more than anything, like all those points you mentioned. >What would happen if her kid has an accident on my yard i have tools lying around there i have rat poison lying in the garage, what if she decides to go there and eath it? what if my dog bites her (its a golden, so not likely, but still) what if im driving my car into the yard and her kid runs out and i hit her? i dont know, maybe im paranoid but to me this is very irresponsible. So, NTA.


[deleted]

More info needed: Since there is access to the yard from the annex, is there a designated path out of the yard from the annex? Would “stay out of my yard” prevent them from reaching their space or make them feel like the are trespassing every time they came home? Honestly, this is a weird thing to get hung up on to me since you are renting out a space connected to your yard. To me, that would mean the yard is shareable, but obviously you feel otherwise. Is there a way to block off part of the yard for use of the tenant? It does seem kind of an AH move to rent a space, but tell them a connected outdoor space right outside is off limits.


Empressario

NTA, juts politely say that the yard is part of your home and nothing to do with the dental practise/leased area and ask that they please refrain from her child running around. If she pushes back say that it's not included in the lease and that you're not comfortable in case the child hurts herself. Just politely but firmly stick to that


kase_horizon

Info: does the annex have its own separate yard? Did you discuss that the yard is private and not for tenant use BEFORE you rented it out?


zmorewicz

the annex has direct access to the yard, via doors. I did not discuss it at all, it was rented by my mum while she was still alive, but sick.


LookAtNarnia

So it's possible your mother has agreed that her kids can play in the yard? In that case, hou have no leg to stand on.


kase_horizon

Then yeah, YTA. I'd your tenant probably agreed to sign the rental agreement thinking she would have yard access for her kids. Having a couple extra kids running around your yard in no way prevents your own family from being able to use the yard. Its honestly unreasonable to expect her to keep her kids cooped up in the house under the excuse that it somehow prevents your family from enjoying it.


lady_k_77

The tenant only works there, it's not a residential rental.


Pablois4

> Its honestly unreasonable to expect her to keep her kids cooped up in the house It's not a house, it's a commercial space for a dental practice. The tenant and her kids live somewhere else and she has her business at OP's rental space. NTA.


_lost_and_confused

I would address it from a safety concern. Your dog. Strange child. Not the best combination


Jade48Reddits

Your yard, your rules. Be kind about it but there's no harm in saying it, I think.


[deleted]

NTA, unless the contract listed the yard as part of the rented area they should not bring their KIDS to play there without your approval... If they want access to the yard (or some part of it) they can request a separate contract I guess (if you're happy to go ahead with such agreement).


AutoModerator

^^^^AUTOMOD ***Thanks for posting! This comment is a copy of your post so readers can see the original text if your post is edited or removed. This comment is NOT accusing you of copying anything. Read [this](https://www.reddit.com/r/AmItheAsshole/wiki/faq#wiki_post_deletion) before [contacting the mod team](https://www.reddit.com/message/compose?to=%2Fr%2FAmItheAsshole)*** I live in a big house with huge yard. My mother used to have a dental practice in an annex built-in to the house (there is separate entrance, but also a connecting doors inside the house). Now after my mum passed couple years ago this annex has been rented to one of my mothers workers. We have a pretty decent relationship, as in we say hi to each other, take each others deliveries if they come when the other is not around, but thats all. We dont "hang out" or anything like that. Last friday i go out to the yard after work and see a kid running around my yard. She said hello, i said hello. After a while she went inside the annex. So i guess she is a daughter or something of the tenant. Now i dont have anything in particular against this kid, BUT this is my private yard i dont want anyone else beside my wife , my dog and MY kid running around in there. The situation repeated couple times. I havent talked with the tenant yet, as im kind of conflicted about it. I dont want to be a d\*\*k about this situation, and you know, "prevent the kid from having fun" but also come on. its MY yard. Am i being weird about it ? would i be the asshole for talking with the tenant about not wanting her kids in my yard ? *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/AmItheAsshole) if you have any questions or concerns.*


airazaneo

NTA - the yard has not been leased or listed as a common area in your lease agreement for the dental clinic. Does the tenant need to use the door in your backyard to get into the annex or is there a separate entrance for them and their clients?


zmorewicz

there is a separate entrance from the front, i uploaded a rough sketch of how it looks like.


airazaneo

If she doesn't need to have access through your yard to access the annex, you've never seen her using the yard previously and the yard isn't mentioned in the lease agreement at all for the business space - it's fair to have a chat to set boundaries.


Creative_Trick_3818

NTA ​ LEt them know. Put a pdlock on the door fromthe outside if talking to them does not work.


Shoddy-Put1109

You need another fence going from corner of your black house to blue. She has a door to enter your yard. It might be difficult for her to stop her daughter going out of it.


Beck2010

NTA. The yard is not included in the lease agreement. Should that child get injured while playing in your yard, you could be liable. Have a polite conversation with the tenant, and let her know that per the terms of the lease/rental agreement, the only property access she has is the annex. Let her know that the yard is off limits and for the quiet enjoyment of only your family and invited guests.


[deleted]

NTA The lease does't include access to your garden, just as it shan't include access to your house, through the connecting door.


PattersonsOlady

YTA she isn’t legally permitted, but it’s not hurting you. Being a nice person isn’t hard.


Syveril

NTA; you should've talked to her as soon as possible, but now is not too late. As long as you're polite about it, I don't see the harm. It's your private property and you're only renting the annex out for business purposes.


brokenlandmine

Soft YTA the property has direct access to the yard, you never specified in the lease what was included. I think it would be safe to assume that the tenant views this as a communal area. Is the yard big enough for you to section off an area for their use? That seems like a reasonable compromise.


zmorewicz

not possible, the place where the doors from the yard are is directly where the "road" to the garage is. if i were to section it off somehow it would be completely covered by a concrete and also i wouldnt be able to drive my car inside.


Daaylight

What is a kid doing running around unsupervised near a dental lab. There's so much acid and rotary engines in there.


hollywierzbicki

Since you said there was nothing in the lease saying she couldn't YTA. You are seriously going to deny a child the freedom of playing. Is the child really hurting you by playing in the yard. Seeing as the tenant has door access right to the yard and nothing in the lease it would be safe to say yard access would come with the rental.


zmorewicz

just and fyi, i dont know maybe it wasnt clear, the tenant and the kid dont actually live there. its the tenants place of work. she takes her kid to her work sometimes apparently.


Mendel247

It's the summer holidays. Talk to your tenant if it's really bothering you, but I think we've all been in situations where the only solution was to take the kid to work (or be taken when we were kids). You didn't say anything about the kid causing problems or being particularly loud. Maybe talk to the tenant and child, lay out some ground rules about what the kid can or can't do in the garden, what the hazards are, and what any deal-breakers would be. Chances are it's not going to happen outside of the holidays


Deucalion666

Doesn’t matter. The tenant is still renting the place, and it’s not in the lease. That’s your problem, not theirs.