How to calculate how much a backyard is worth?

Question

I have a friend that is renting a home in North Miami Beach in FL. On April 15th  of this year, her landlord ripped up the backyard under the premise that she was fixing the septic tank for the small 1350 sq ft home. The home also has an illegal ADU attached that is about  350 sq ft.

The landlord brought workers on the weekend (we are fairly sure she did the work without a permit-Unfortunately this info is not available online) and dug up the majority of the backyard (home is on a 7,305 sq ft lot- homes in the neighborhood have a 50ft set back and the lot os about 45 feet) to put a very large septic tank. She (landlord) said the next day that she was going to be bringing in a mobile home to put in their backyard.

They will call the authorities if she does bring in another illegal unit but they have been living with the backyard torn up for over a month. They have pictures of what the home looked like when they rented it showing the grass and plants that are in the backyard. Now, the backyard is uneven, totally rocking and has a sewer clean-out pipe sticking up as a tripping hazard right by the walkway of the side gate to the back door.

I want to help them write a letter to the landlord to put her on legal notice that she is not to bring another unit in but also RETURN the condition of the backyard to the condition it was in when they signed their lease and rented the house. they have 3 children and have not had use of the backyard. Not to mention it is ugly and unsafe (due to random bricks landlord oddly put in bigger holes-uneven chunky rocky dirt).

How much can they reasonably expect to take out of their rent if she doesn't fix it soon? We will write the letter to give formal notice of their expectations. I wanted to include a "clause" that if she doesn't fix it, they will deduct x amount from the rent bc they are not getting "full enjoyment" of the property

They are paying 3k a month in rent and the backyard is about half of the property. So, 7,305 sq ft total minus 1350+350=1700 for the home =5,605 /2= roughly 2800 sq ft

How much can one attribute to the house and how much to the yard?

Chris Seveney · Answer

@Tanya Solomon

They don’t live in the backyard so that type of calculation won’t work.(ie it’s not a 50% reduction)

Also what does the lease say, sometimes there is language that says nothing is due based on loss of yard or amenities.

If anything if I was landlord I would offer $100/mo max.

Mike Dymski · Answer

They should call the owner and discuss an equitable work out.  Or, move out.  Life is too short to live in an untenable and contentious situation...and not being able to make a simple phone call and instead, having to send a demand letter, is exactly that situation.

Michele Fischer · Answer

Agree that you don't have much of an argument.

We rented our apartment with the idea that we had a lovely community rooftop to enjoy as additional living space.  Then the pandemic hit and we could no longer access the roof, and there was no rebate for the reduced usability of the space.

It sucks, but its life, and there isn't much you can really do about it until the lease is up.

Mario I Fernandez · Answer

I will go for what the contract says first and based on that make your arguments.

It is true that the landlords want the most out of their properties but if she was planning on doing this she should have communicated before the contract was executed.

Ray Hage · Answer

@Tanya Solomon That sounds like a slumlord to the max. It is tough to move in south florida right now. Everything is expensive and these tenants sound like they would have a tough time. For now, they will probably have to bear it until they can find another place. They could report to the city about the illegal building and plumbing work that is going on.

Regarding the loss of the yard, I don't know if they will successfully be able to get a discount by sending a demand letter. The landlord may retaliate by finding a way to push them out or make conditions worse. No easy solution on this one. As a tenant, if I didn't have many good options, I would bare it for a while and then report her illegal building work to the city close to move out date.

Tanya Solomon · Answer

Thanks, everyone. Its hard bc this landlord is they type that gives all us here working hard to not be slumlords a bad name. This woman/landlord is REALLY pushing the limits whether they be legal (or not) and making it a very unpleasant place for my friends to live.

My friends are immigrants and it is so much harder for ppl that can not really understand the docs they sign. The lease violates their rights on several points but I do know that Florida Residential Tenant Act will provide protection for my friends bc it trumps anything garbage she puts in her lease bc she hopes that she can just make up FL law and assume that it will not be challenged. She is obviously blinded by greed and she is so used to taking advantage of immigrants bc they have limited access to resources to know their rights

These ppl, my friends just want to live in peace but this woman keeps harassing them. I got a better look at the rest of the house today and there is a TON of illegal building on this home/property. It is MESSY. She is a slumlord.

I will focus on negating any harassment by the landlord (she is using the ring camera to monitor their coming and going and letting them know she is "watching them.") and helping them find another place in the next couple of months. They have never been late on rent and can prove it.

She has even just entered their residence unannounced to "inspect" their housekeeping skills which is just dressed-up harassment. But we will need to build a case over time by having evidence in pics, text, and emails. I have asked them to not communicate with her unless it is in writing.

Thanks for your help every one that answered this posting. I will upvote everyone.

How to calculate how much a backyard is worth?

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