California Law Help with Property Abandonment

[buster84]

What is the name of your state (only U.S. law)? California

My Neighbors and I are having issues with the property managers. A few weeks ago they sent us a letter telling us to remove all property from infront of our apartment. I have a hose that was connected to a faucet infront of my apartment window, I also have a gas can under the staircase in front of my apartment since I've been told that its very dangerous to store a gas can inside of the apartment. I argued with them telling them that I can not store the gas can inside the house, or store the hose because of the lack of storage space. I live in a 1 bedroom apartment that doesn't even have a closet to store basic things. The only closet in my house is in my bedroom. The apartment also lacks a patio. That is the major issue. I also had a bbq that was allowed to be stored outside of my apartment and was also taken. The manager explained that the rules changed last august and I signed the paper accepting them and so they took it. They took all my property and called it abandoned property and I feel that they stole my property instead of it being abandoned. I told them the issue and that its not abandoned, as well as it not being something that can be stored inside and they didn't care, yet still took the items when I was gone.

Do I have any legal action against the apartments? Do they have legal rights to tell me that the space directly in front of my apartment can not be used to store common items that would normally belong in a patio. The worse part is the lack of a patio or the option of any kind of storage. The apartments doesn't offer any type of storage. The manager said that its in the lease telling us that items cant be stored in common areas. The issue is that me and my neighbors don't have an issue with this, and we both had things taken from us. We've lived here for over 5 years now too.

Are we totally screwed? or is there a california law that protects tenants from something like this? If a patio or storage is not offered, how could they force you to store a bbq, gas can, hose inside of your apartment. Basically its not either store it inside or you can't own it.

Any helpful advice is totally appreciated whether it can benefit me or not. I'd just like to know if any of my legal rights are being violated.

 

[FarmerJ]

Unless your lease allows for storage of items in designated areas exclusive for your use then theres not much you can do , but if they are going to remove anything they should be doing a letter first giving you the choice to correct the problem first before taking anything them selfs , have any police reports that would help back up claim that they had no right to take your property
?

 

[Zigner]

Basically its not either store it inside or you can't own it.

I think you meant your statement to read "Basically it's NOW either store it inside or you can't own it."

However, your statement, as originally written, is correct.

When I run out of storage space at my HOUSE, I rent a storage unit (or, simply, get rid of stuff). Either way, it's MY choice.

 

[sandyclaus]

Your apartment space ends at your door. Outside the door is considered common area that is under the control of the LL.

If they say you can't leave items outside the door, then you can't. Since the lease specifies it's prohibited, then when you leave items outside the door long enough for management to have to remove them, then it is a foreseeable consequence to find the items gone. If you have no patio or storage space to put things, then that is your problem.

 

[buster84]

Thanks for the responses, and future responses. Its late and I'm not sure If i'm understanding the Civil code 100% correctly, but I'm open to other opinions and ideas on this whole topic since getting into detailed legal documents can be hard to understand.

I've been doing some research and I understand that the common area's are property of the owners land, but there is one issue. According to

(1) Unless the declaration otherwise provides, any shutters,
awnings, window boxes, doorsteps, stoops, porches, balconies, patios,
exterior doors, doorframes, and hardware incident thereto, screens
and windows or other fixtures designed to serve a single separate
interest, but located outside the boundaries of the separate
interest, are exclusive use common areas allocated exclusively to
that separate interest.

the California Section Code 1351 the outside area infront of your apartment is considered an "Exclusive use Common Area" which is defined as

(i)"Exclusive use common area" means a portion of the common
areas designated by the declaration for the exclusive use of one or
more, but fewer than all, of the owners of the separate interests and
which is or will be appurtenant to the separate interest or
interests.

This means that since the lease fails to tell us what our Exclusive Use Common Area is then section (1) states basically that all the areas outside of your apartment are exclusively allocated to the separate interest.

The Civil code also states that "Exclusive Use Common Area" needs to be mentioned on the "Declaration" which is the lease that I signed from the apartment; however, written in my lease they never use any words saying, "Exclusive Use Common Area", Instead they call it Communal Area (and exactly what is says in the lease is below). Does this mean that this part of the lease is not legal since since there lease fails to the words Exclusive Use Common Area? Also the lease fails to provide any information on allocating what area is a common area or what area is an "exclusive use common area" that is also supposed to be in the declaration otherwise those areas are permitted to the separate interest (definition at bottom of post).

According to the definition of Communal Area, its basically saying that the whole community of people who live in the apartment complex have access to all of these areas. Which actually violates the civil code by allocating all exclusive use common area's to everyone in the apartments which is forbidden by the civil code 1351.

(i) "Exclusive use common area" means a portion of the common
areas designated by the declaration for the exclusive use of one or
more, but fewer than all, of the owners of the separate interests and
which is or will be appurtenant to the separate interest or
interests.


This is whats written exactly in the lease, nothing else on common area.

"BALCONIES, LANDINGS, PATIOS, STAIRWELLS, CLOSETS, AND ALL
OTHER COMMUNAL AREAS: Maintaining the appearance of Place
Apartments is a high priority. Residents acknowledge that private
balconies and patios are not provided with any apartment. All outside
areas, regardless of proximity to your apartment, are considered
communal areas under the exclusive control of property
owners/management. Therefore, all personal items, including, but not
limited to, BBQ's, shopping carts, brooms, mops, towels, clothing, boxes,
trashcans, recyclables, household items, decorations, lights, lanterns,
household furniture, patio furniture, or any other item must not be
placed or stored outside on any balconies, stairwells, landings, outdoor
closets, or other communal areas. The only items permitted to be placed
or stored in these areas are: potted plants (a maximum of two pots per
apartment) and operable, registered bicycles. Live potted plants may be
no larger than 24" in diameter. Potted plants may only be stored on the
balcony or landing leading to your apartment near the front door. As a
matter of safety, potted plants may not be placed on stairs, railings,
neighboring balconies or entrances, on heating & air appliances, or any
other communal pathways or grassy areas. Bicycles may be stored in
your apartment, in designated stairwells or bike storage areas. As a
reminder, Management is not responsible for any lost, stolen, or
damaged items that are stored in these areas. Management may request
that Residents clean-up unsightly landings, apartment entrances,
stairwells, closets, and other communal areas. Abandoned or discarded
items may be removed and disposed of by Management staff."


CA Civil Code Section 1351

Definitions-
(h) "Declaration" means the document, however denominated, which
contains the information required by Section 1353
(l) "Separate interest" has the following meanings:
(1) In a community apartment project, "separate interest" means
the exclusive right to occupy an apartment, as specified in
subdivision (d)
(b) "Common area" means the entire common interest development
except the separate interests therein. The estate in the common area
may be a fee, a life estate, an estate for years, or any combination
of the foregoing. However, the common area for a planned development
specified in paragraph (2) of subdivision (k) may consist of mutual
or reciprocal easement rights appurtenant to the separate interests.
(c) "Common interest development" means any of the following:
(1) A community apartment project.
(2) A condominium project.
(3) A planned development.
(4) A stock cooperative.
(d) "Community apartment project" means a development in which an
undivided interest in land is coupled with the right of exclusive
occupancy of any apartment located thereon.

Here is the link i used with the information.

CA Codes (civ:1351)

 

[landlord51]

buster84,

Instead of looking up your state law regarding what is common area - look up instead your local, township, municipal code enforcement. It is very likely this is where your landlord is taking direction from. In my township I have to apply for an inspection every three years and if I fail that inspection then I have to apply again and again until I pass. (And each time there is a fee). I have in the past failed (in a 5 page checklist of 50 items because of 1 issue) because there was 1 bucket left in a common area. 1 bucket! I was sent a scary form letter saying that if it wasn't removed within 10 days I would be fined $1,000.00 a day. Piles of "things" in common areas are in violation in my district and very likely yours. A can of gas may be considered even a heavier violation - I know gas & electric bbq grills are, for instance (they must be stored no fewer than 20 feet from the building). But again, read or maybe call you local housing enforcer. Your landlord is not trying to give you a hard time; he just doesn't want the township to give HIM a hard time.

good luck.

 

[buster84]

buster84,

Instead of looking up your state law regarding what is common area - look up instead your local, township, municipal code enforcement. It is very likely this is where your landlord is taking direction from. In my township I have to apply for an inspection every three years and if I fail that inspection then I have to apply again and again until I pass. (And each time there is a fee). I have in the past failed (in a 5 page checklist of 50 items because of 1 issue) because there was 1 bucket left in a common area. 1 bucket! I was sent a scary form letter saying that if it wasn't removed within 10 days I would be fined $1,000.00 a day. Piles of "things" in common areas are in violation in my district and very likely yours. A can of gas may be considered even a heavier violation - I know gas & electric bbq grills are, for instance (they must be stored no fewer than 20 feet from the building). But again, read or maybe call you local housing enforcer. Your landlord is not trying to give you a hard time; he just doesn't want the township to give HIM a hard time.

good luck.

Thanks for the advice, As for the gas can its not actually housing gas. Its just an empty gas can that has never had gas in it. I bought it at walmart for $10 and tied it up with a lock as a precaution for me and my neighbor. We did this just in case one of us runs out of gas and needs emergency help. The lease also said that we cant store them inside our apartment which is why I kept it outside with access to both me and my next door neighbor that shares the common area. As for bbq's they actually used to allow them, which is why I had 2 of them. One unit had tall legs which i gave to by neighbor since he had a bad back, so i purchased another small one for me. Those were placed in the common area as well and taken. They allowed then on the previous lease and apparently they decided to not allow them anymore when they adjusted there least last august and didn't inform us. I'm still actually on the old lease and not the new one with the new rules which also has me really angry that they took my bbq property since it was allowed on the lease that i signed that didn't expire until may 1st, which they took the stuff in the middle of april.

I didn't think to look up city code since there still legally obligated to abide by california law no matter what. City's can only change so much. I went ahead and looked and I really couldn't find anything that talks about the common area like the California Civil code did.

If anyone has the time, and has more knowledge on what to look for if you could double check for me. That would be great.
Davis Municipal Code (Davis, California)

My neighbor and I have been in consistent fights with the management here about tiny little things that are so annoying and ridiculous they are picking one me and my neighbor just to do it. Ever since we forced the apartments to abide by certain laws and fix things as well as get accommodations they have harassed us consistently. We both have service animals and are consistently harassed about our dogs even though there legal and they cant do anything about it. They don't allow pets which is why it angers them. The neighbor also has back issues and is disabled and forced them to put a handicap spot infront of the apartment and it took months for them to do it, along with consistent complaints to the state. Our relationship with these managers are bad. The previous ones were fired for fraud a year ish ago and the new ones have been harassing us ever since. We've both lived year for at least 5 years or more.

 

[landlord51]

The civil code you quoted states that only potted plants and registered bicycles are permitted in the disputed area. So that means everything else has to go.

Your state of California makes the laws but they are governed and enforced at the local level. If you really want it settled call code enforcement and ask them what's allowed and to come have a look. Then have them send their inspection report to the landlord in a certified letter and ask your landlord to give you a copy. You might not like what it says but at least the matter would be settled.

Also - code enforcement would look at a gas can and not care if it were empty or full - they just see the gas can.

Believe me when I say LL is not picking on you - he is just avoiding having to pay fines.