In a small apt complex I have a private outdoor shower behind my unit, can the landlord tell others they can use it?

Asked about 1 year ago - Venice, FL

It is on the outer wall of my bedroom and out of site of the rest of the property. It is on the property line and the only access to it is by coming around my bedroom. There are only a couple of units here. I have been here for years and and the previous tenant was also and there was no general access in that way. The landlord may be trying to force me out by making things intolerable.

Attorney answers (3)

  1. Carol Anne Johnson

    Contributor Level 18


    Lawyers agree

    Answered . It depends if the shower has been constructed on the common area of the apartment complex. If you are actually paying rent on the space that contains the shower, then, no - the landlord cannot tell others that they can come onto your rented property to use anything. If the situation is one where you put up the shower without the express permission of the landlord on common area property, you may have no rights to insist that it is yours alone. What does you lease agreement say about the shower or use of the common areas?

    Is this new behavior by the landlord? If so, you may have an argument that would grandfather the private use of the shower. If the landlord is new, or he/she has previously complained about the shower, your chances for success are lessened. If the use of the shower by others is disturbing your quiet enjoyment of your unit, you may also argue that issue. Seek the advice of a landlord/tenant attorney to help you sort out what your rights and remedies may be.

    Carol Johnson Law Firm, P.A. : (727) 647-6645 : : Wills, Trusts, Real Property, Probate,... more
  2. Marshall C Deason Jr.


    Contributor Level 20


    Lawyers agree

    Answered . Without reviewing your lease and examining the scene, I cannot give you a definitive answer. However, if you think your landlord is treating you unfairly, you should consult an experienced landlord/tenant lawyer in your area.

    Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does... more
  3. Cheryl Rivera Smith

    Contributor Level 20


    Lawyer agrees

    Answered . Mr. Deason is correct. This also works to landlords detriment since he must pay for the water.

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