Manager Takes Away Parking - Constructive Eviction?

[Chienandalou]

CALIFORNIA

I am currently on a month-to-month lease, after having completed my original 1 year lease obligation. My written lease clearly states that my apartment comes with two parking spots, #29 and #44. There are no other alternate parking arrangments that can be made.

Today my landlord informed me that he was taking away one of my two parking spots, because "under the new rules, parking is assigned at my discretion". He also stated that he has a waiting list for 1BR aparments [like mine], and that we should consider moving.

I feel that the scope of the lease cannot be altered at the whim of management, no moreso than can he tell us he's leasing our closet space to someone else. However, I feel that we have little or no recourse in spite of the breach. Could this be analagous to an illegal "lock-out"?

This sucks, because the rent has stayed low and we don't want to move. Thanks in advance.

 

[fairlight]

You're on a month-to-month tenancy, not lease.

The landlord needs to give you proper notice of the change in terms. He can't just show up at your door and announce that he's taking one of your parking spaces away.

So he wants you to move out so he can move someone in. Too bad. Telling you that could be considered harassment. If he wants you out, he'll have to come up with a legal reason, e.g., you're behind in your rent, and he'll have to file eviction papers against you.

Check the telephone book for the names of landlord/tenant organizations you can talk to. Call the Bar Association, and see if they have any free legal clinics in the area.

 

[Chienandalou]

So any landlord can evict anyone on a month-to-month by taking away their parking spaces? Wow.

 

[queenofsand]

whoa. miscommunication deluxe.

 

[scophreak]

I'm not a lawyer, but here's my $0.02.

Since you are a month-to-month tenant, LL can change the terms of your "lease" by giving proper notice (usually 30 days or one rental period, check your state's LL/tenant laws to confirm). This means that with proper notice, the LL can take away one (or both) of your parking spaces. You can choose to not accept these changes, but the LL is within his/her rights to provide notice to terminate your tenancy (again, check your state's LL/tenant laws to verify length of notice). Without a current lease, you are more at the discretion of the LL. If I'm wrong, I'm sure someone will be along shortly to correct me...

 

[Kyra_Eleison]

So any landlord can evict anyone on a month-to-month by taking away their parking spaces? Wow.

Umm... no. That's not what Fairlight said at all. A landlord in California can make modifications to a month-to-month rental agreement, such as reassigning a parking space, WITH appropriate (written) notice to the tenant. That is a far cry from eviction. If you the tenant decide to move as a result of this, that is YOUR decision. But that's a moot point, as you just said that you do not want to move, despite the parking space being reassigned. You said you've decided you want to stay anyway, because the rent is low... right? It's lousy to lose your parking spot and I can understand that you would probably resent that decision on the part of the management, but it does not constitute an eviction.

 

[bdancer]

And since the OP is a month to month tenent, the landlord can also increase the rent with proper notification.

Sounds like the landlord would like the OP to vacate. I think it would be a good idea to start looking for a new place.

 

[sefnfot]

Are you in a city that has rent control? such as Santa Monica, LA, West Hollywood, San Fransico, If not then the landlord can change any and all part of the residence; as long as they provide proper notice.

woops sorry i didnt realize the dates, all i did was find a post within the first 2 pages to comment on,

 

[OHlandlord]

I understand that you are not hapy about the new terms the LL has given you. But as others have said, as long as he gave you the proper notice, he is well within his rights. And what do you mean by, "There are no other alternate parking arrangments that can be made." There aren't any parking places in your whole city?! Come on! You just mean it wouldn't be convenient to make other arrangements. Looks like you are going to have to.

 

[justalayman]

I understand that you are not hapy about the new terms the LL has given you. But as others have said, as long as he gave you the proper notice, he is well within his rights. And what do you mean by, "There are no other alternate parking arrangments that can be made." There aren't any parking places in your whole city?! Come on! You just mean it wouldn't be convenient to make other arrangements. Looks like you are going to have to.

I'm betting OP has this figured out by now seeing the original post was nearly 2 years ago.

 

[OHlandlord]

Sorry justalayman, I didn't look at the date on the OP. I just saw a new post by sefnfot. As my kids would say, "My bad!" I'll pay more attention.

 

[justalayman]

Sorry justalayman, I didn't look at the date on the OP. I just saw a new post by sefnfot. As my kids would say, "My bad!" I'll pay more attention.

no need to apolgize to me. I am not the forum cop.

I have done the same thing as well as many others here.

(Embarrassingly stated) Sometimes it is just fun to pick on others.

 

[Caveman]

Are you guys picking on me like the Geico dudes> What is the real Date here? WHAT YEAR IS THIS? Do people really care about other people anymore.

Is there a big brother?I READ you know, well I am catching up.

There has been a lot printed since I was frozen.


Everybody be nice, do not underestimate the next person, caveperson,layperson or whatever, um I mean anybody. Just be like, I don't know . Be nice. Isn't that a good new bumper sticker?

 

[LindaP777]

Are you in a city that has rent control? such as Santa Monica, LA, West Hollywood, San Fransico, If not then the landlord can change any and all part of the residence; as long as they provide proper notice.

Sefnot - why on earth would you dig up and answer a post nearly two years old? I'm sure the poster is long gone!