Do I still need to give a 30-day notice for a repair of already fallen down fence? (California CC 841, Good Neighbor Fence Law)
I have tried to contact and discuss with the manager of the neighbor's property (neighbor is renting the place) but he doesn't answer the phone or call back. Given the history of our relationship (us vs. neighbor's manager) we think he will continue to ignore until we decide to fix the fence and pay all for by ourselves, as opposed to splitting the cost, so we may have to file a small claim.
Do we have a chance in small claims court based on the Cal. Civil Code §841 *without* sending the 30-day notice? It is an emergency as part of the fallen fence is in public view and accessible from the street so we would like to fix it asap.
1 attorney answer
I am not sure the judge will find "public view" and emergency. Now if you had a pool or spa or something that would be different.
But if it is a border fence then both neighbors have on obligation to maintain the fence. I would not like my fence down either. The renter's rent is due on the first. Can they give a note with the rent? I'd give copies of quotes to repair.