Common Areas

[pirategirl68]

What is the name of your state? Ca.
Hi. My landlord is saying that only the inside of my unit is not common area, but that everywhere else on the property is. This is a lot with 2 units on it. I have a scooter that i ride everyday. I pull it in behind the fence (gate) and park it there because I know it will get stolen if I park it on the street. He is threatening me, that if I don't remove it, he will have it towed, and anything else that's here will be thrown away. He said if I'm not riding it, I'm storing it. I don't see it that way. But anyways, this all started with the tenant up front. She is constantly causing me problems with the landlord, she is even lying about stuff. I am tired of stressing over all this. What can or should I do? Thanks in advance for your replies.

 

[Just Blue]

What is the name of your state? Ca.
Hi. My landlord is saying that only the inside of my unit is not common area, but that everywhere else on the property is. This is a lot with 2 units on it. I have a scooter that i ride everyday. I pull it in behind the fence (gate) and park it there because I know it will get stolen if I park it on the street. He is threatening me, that if I don't remove it, he will have it towed, and anything else that's here will be thrown away. He said if I'm not riding it, I'm storing it. I don't see it that way. But anyways, this all started with the tenant up front. She is constantly causing me problems with the landlord, she is even lying about stuff. I am tired of stressing over all this. What can or should I do? Thanks in advance for your replies.

Do you have a lease? If so, is there any mention of yard use? If not addressed/allowed then you may not use the yard to store your scooter while not in use.
You should look for another apartment that has secured storage for your scooter.

 

[LdiJ]

What is the name of your state? Ca.
Hi. My landlord is saying that only the inside of my unit is not common area, but that everywhere else on the property is. This is a lot with 2 units on it. I have a scooter that i ride everyday. I pull it in behind the fence (gate) and park it there because I know it will get stolen if I park it on the street. He is threatening me, that if I don't remove it, he will have it towed, and anything else that's here will be thrown away. He said if I'm not riding it, I'm storing it. I don't see it that way. But anyways, this all started with the tenant up front. She is constantly causing me problems with the landlord, she is even lying about stuff. I am tired of stressing over all this. What can or should I do? Thanks in advance for your replies.

You should move as soon as your lease ends. Its never going to get any better.

 

[adjusterjack]

What can or should I do?

Will it fit through your door? If yes, bring it inside. Just make sure you put something under it so you don't mess up carpet or flooring.

 

[FarmerJ]

does your neighbor have any thing at all out in the yard and by any thing i mean a broom ? a hose? a flower pot? then first consider giving the LL written notice NOW via confirmed mail delivery and staple your reciept to your copy and in it besides telling the LL you will not renew your lease but if your current lease does not restrict your use of the yard or spell out in writing what you can or cannot have in the yard then include telling the LL ` your lease with me does not grant you the right to restrict how I use the yard NOR does it define what i can and cannot keep in the yard so this is your notice that if you remove any of my property I wont waste time and report your theft to the police. If you try to change so called rules or require me to do something that is not defined in our current lease I will be happy to get a Judge to ask you to prove what part of the lease supports your claim and do keep in mind in our state landlord tenant laws are much more friendly to tenants , sign it and mail with a way that gives you proof you put it into the mail. DO plan on cleaning every thing real well and then take exit pics of EVERYTHING

 

[Mass_Shyster]

Do you have a lease? If so, is there any mention of yard use? If not addressed/allowed then you may not use the yard to store your scooter while not in use.

I disagree. The landlord has exchanged his possession of the real estate for money. Unless it's prohibited, tenant can do as he chooses so long as he does not damage the property. The landlord cannot make up new rules along the way

You should look for another apartment that has secured storage for your scooter.

I agree. You probably don't want to stay there beyond your current rental period.

 

[Zigner]

I disagree. The landlord has exchanged his possession of the real estate for money. Unless it's prohibited, tenant can do as he chooses so long as he does not damage the property. The landlord cannot make up new rules along the way

I think the problem is a definition of the "common area". The LL contends that the (exclusive) area that the OP has leased consists of the apartment only, and not the common areas. If that contention is true, the LL certainly can make rules relating to the common areas on the property.

 

[zddoodah]

What can or should I do?

Move as soon as possible.

No one can intelligently say much more than that without reading your lease and having a clear picture of the layout of the property.

I disagree. The landlord has exchanged his possession of the real estate for money. Unless it's prohibited, tenant can do as he chooses so long as he does not damage the property. The landlord cannot make up new rules along the way

That's not wrong as phrased, but it begs the question: what does "the real estate" mean in this context? In other words, what real estate has the landlord leased to the tenant? It is unquestionably possible that the leased premises include only the interior of the unit occupied by the OP. The OP described the property as "a lot with 2 units on it" and made reference to "the tenant up front," so it's pretty clear that the OP is not the only tenant. Are you unfamiliar with the concept of multi-unit property where the units are leased to different tenants and where there is common area? The landlord has no say in what happens in the leased premises (except as otherwise provided in the lease), but the landlord unquestionably gets to dictate what can happen in the common area.

 

[adjusterjack]

There may be another issue. Local building and zoning codes often prohibit operating or parking a motor vehicle on dirt or grass. They require designated parking areas with dust free surfaces like concrete, gravel, pavers, etc.

The landlord could still win on the issue even if it's not contractual.

 

[quincy]

pirategirl68, are you responsible for lawn care/maintenance or does the landlord maintain the outside areas for use by you and other tenants?

Are parking spots reserved (on the street or on the property) for use by tenants?

Common areas generally are those areas shared by tenants and maintained by the apartment management. The management controls what can and cannot be done by tenants in these common areas.

Sometimes the do’s and don’ts of common areas will be spelled out in the lease (e.g., no tying up dogs outside) and both tenant and landlord must adhere to the terms as outlined - otherwise the do’s and don’ts can change as management (or sometimes laws/ordinances) dictate.

 

[FarmerJ]

Pira again keep in mind even if it is a two unit property short of a city ordinance spelling out something like how some citys have ords against barbecue grills being on wooden decks or ordinances baring people from keeping non running or un plated cars parked on a property then no matter what it is if its a thing the LL wants to control say via a exclusion it has to be written in your lease to be enforceable. SO you might want to contact your city to learn if parking your scooter in the yard is regulated or not. AS to the neighbor in the front perhaps you should tell the LL your tired of hearing about her complaints and he should find his nads and tell her to grow up and knock it off if he doesn't want to have history continuously repeating itself with tenants who don't want to stay because of her

 

[quincy]

... then no matter what it is if its a thing the LL wants to control say via a exclusion it has to be written in your lease to be enforceable. SO you might want to contact your city to learn if parking your scooter in the yard is regulated or not. ...

What I have bolded above is not correct.