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OP doesn't want to use the garage. But the driveway is included as part of the SFH/yard that OP has leases. Their landlord didn't say in the lease that the driveway is common with the garage or shared with anyone. Then there is the separate issue of utilities that OP is paying for but same utilities are hooked up in the garage.
Some say maybe the renter can get out of the lease. Yes, that is one remedy. But what if the renter doesn't want to get out of the lease, but wants to have full access to the home/driveway/yard as per normal expectations when renting a SFH. And also to not have a garage apartment hooked up to the utilities of the SFH, without prior agreement with OP. IMO, OP should be able to get what was agreed to in the lease and have full access to driveway and not share access with anyone else. Also get the garage utilities off the utilities of the SFH. Need attorney asap to possible prevent a renter from coming in before the matter gets more complicated.
OP...check craigslist for ads on that garage apartment. Save the ads in case you need them for proof. Copy/paste the add info into a Word document and save.
You're right. The OP could try to get an attorney to file for an injunction to keep the LL from renting out the garage. Hadn't thought of that. I figured you probably couldn't stop him from doing it, but maybe he can.
I figured he had a case to get rent back or break the lease, due to LL breach of covenant for quiet enjoyment, but you're right, an injunction is an option according to this article:
the question is how much of the story the op is saying is the full story. and even if the electric is on his metier . there is a side not being heard here and i feel the op is not telling the full truth.
the question is how much of the story the op is saying is the full story. and even if the electric is on his metier . there is a side not being heard here and i feel the op is not telling the full truth.
I wish I were able to meet you in person, let alone this whole thread people, and explain this situation. I'm a 26 year old med school student. I have nothing to gain by coming onto a forum and lying about my situation to strangers who have no real bearing on the outcome anyways. I'm merely seeking advice. It appears I will have no choice, but to seek legal council sometime this week. It's very difficult with my schedule to arrange anything.
I agreed to rent a single family residence where I was granted a house, backyard, and driveway as stated in my lease. There is no mention of a separate garage, shared utilities, shared driveway space etc. It wasn't until after I signed this lease did I notice a small garage separated by a fence. This is when I had to ask about it and was told that it would be rented in the future and it's a long while from being rented out, not to worry, but yes, they would have to access the garage unit through my narrow driveway, which barely fits a car before having to walk in my neighbors driveway. When asked about this further, his response was that, "it's never been a problem in the past."
Well it's become a problem. Only 2 weeks after officially moving in has the space been getting cleaned out and people showing up randomly to make repairs. In my lease, it states that 24 hour notice shall be given to come on to the property for repairs. Well, the landlords representatives came yesterday evening (430pm-830pm and today from 1130am-330pm). They went into my backyard, which was absolutely mine and solely mine. They attempted to clean some debris off of the hot water tank outside (located in my yard) and roof and left the mess in my backyard. I texted my landlord because he has not returned my calls or e-mails and he responded with "i forgot to alert it is all my fault sorry i will respond to your email shortly." It's been 6 hours since this has happened and no response from him. The lease has technically been voided as trespassing has occurred. Civil law states that shared utilities must be agreed to in writing. While he lied in saying we agreed to a discount each month is preposterous and not even in the lease. He's trying to play me.
The garage conversion doesn't even have a separate designated address, which I'm certain is illegal. And if this garage conversion has no address, I'm legally the renter of that converted garage as I understand considering it's part of the address I signed the lease for. Exactly what part of this story do you believe I'm not telling the truth about? I take offense to this, but understand your defense as you don't know the situation. However, I have plenty of other bull-crap to deal with than defend my position and attempt to generate some responses from people who may know something or have had this happen to them personally.
As other commenters have noted, I really don't want to move. I've spent the last few weeks doing relentless work on this place and making it look great. So much time and energy have been put into this place. I moved here to Whittier from San Diego and it was expensive regarding moving costs. Attempting to move during the beginning of school will be a nightmare. The whole situation is just extremely frustrating, stressful, and uncomfortable. How would you feel if you looked through your kitchen windows and randomly saw someone walking around in your backyard? Knowing that this could happen anytime is extremely uncomfortable. I don't want to have anyone arrested because that's a road not worth taking. Perhaps it might be helpful to note that we are two Caucasian individuals (one male, one female) and the landlord and his representatives are hispanic.
That should be your only concern. As far as the legality of the unit is concerned, I suggest you mind your own business. If you believe that the utilities of the two units are shared and you're paying the total bill, then talk to your landlord.
In California, shared utilities must be disclosed/agreed in writing.
If you want out of the lease... sounds like you have cause.
Many years ago, I manged a duplex.
Tenant in the front unit requested a yard light because it was too dark where the tenants each had a parking space.
Electrician installed a 12 watt light and I thought all was good... at that time the electricity was about a penny a day and on the front units meter.
You know the saying "No Good Deed goes Unpunished"
Anyway... a few weeks later the breaker tripped in the front unit when their micro melted down.
She was very upset to "Learn" the yard light was on her meter... the light she request.
Offered to pay her the 25 cents a month and it was a no go... had the city and utility come out... no problems with the work...
To make a long story short... owner ended up having to install a separate house meter for that one light... I kid you not...
After all that, she moved when her lease was up because the unit was too small.
I run into people all the time that get into shady deals... most of the time, they have trouble renting and don't rock the boat.
The mother of a friend had a sump pump tied to her meter for 17 years... and did not know about it... only, she had mentioned high electric bills in the winter.
Owner had to go back and calculate hundreds of dollars in power to avoid a lawsuit... he, also tried to dismiss it at first... her son simply turned off the circuit breaker and two units some how flooded???
Last edited by Ultrarunner; 08-04-2013 at 06:32 PM..
Tcsd...I don't doubt your story at all! This kind of crap does happen; fixing it however, can be a problem. Make sure you send him a letter and be nice, but be firm. I'd hate to say to call the power company and the city building dept, but if he's going to do this...well, then he deserves what he gets.
I have a coworker who is renting a 4 bedroom house, but doesn't have use of the garage or the master bedroom. It's a split ranch, the garage and master suite are on one side of the house. He has full access to the driveway.
A couple months ago he was complaining about his electric bill going up about $75 dollars and his water bill went up about $45, he couldn't figure out why. The AC had been on for a couple of mths already and it wasn't deadly hot yet. He also couldn't figure out why his dog went crazy every night at 1030. He would bark like mad for about 15 mins and be done.
One night they decided to turn out the lights and see what was going on outside. His landlord was parking down the road and sneaking into the garage! The landlord redid the garage into a complete living/kitchen area will full access to the master suite. He about died when we found that out!! He called the city and the city went ape **** on the landlord. Needless to say when his lease is up, he's out of there.
Good luck and please keep us posted on any updates!
In California, shared utilities must be disclosed/agreed in writing.
If you want out of the lease... sounds like you have cause.
Many years ago, I manged a duplex.
Tenant in the front unit requested a yard light because it was too dark where the tenants each had a parking space.
Electrician installed a 12 watt light and I thought all was good... at that time the electricity was about a penny a day and on the front units meter.
You know the saying "No Good Deed goes Unpunished"
Anyway... a few weeks later the breaker tripped in the front unit when their micro melted down.
She was very upset to "Learn" the yard light was on her meter... the light she request.
Offered to pay her the 25 cents a month and it was a no go... had the city and utility come out... no problems with the work...
To make a long story short... owner ended up having to install a separate house meter for that one light... I kid you not...
After all that, she moved when her lease was up because the unit was too small.
I run into people all the time that get into shady deals... most of the time, they have trouble renting and don't rock the boat.
The mother of a friend had a sump pump tied to her meter for 17 years... and did not know about it... only, she had mentioned high electric bills in the winter.
Owner had to go back and calculate hundreds of dollars in power to avoid a lawsuit... he, also tried to dismiss it at first... he son simply turned off the circuit breaker and two units some how flooded???
I believe I forgot to mention that in his lease, he writes that each party agrees to not take either party to court due to the excessive costs and time it would take. There is a full paragraph of filler, but that's the gist of it. I'm unsure if this statement in lease prevents me from taking any legal action. It's like negligence from a doctor. Yes, you sign your life away saying they aren't responsible if anything goes wrong, but if they knowingly did something wrong or illegal, that doesn't justify it or get them out of trouble does it? This doesn't give someone the right to partake in illegal activity just because I signed a paper saying I couldn't take you to court, right?
I'm sure it might help to see my lease agreement. I have omitted names, address, and miscellaneous info as to not display any personal information.
I was also able to take pictures of the people that were in my backyard on my iphone as proof.
THIS IS A LEGALLY BINDING CONTRACT.
CONSULT AN ATTORNEY.
Page 1 of 3.
BASIC RENTAL AGREEMENT AND/OR LEASE
This Rental Agreement and/or Lease shall evidence the complete terms and conditions under which the parties whose
signatures appear below have agreed. Landlord/Lessor/Agent shall be referred to as "OWNER" and
Tenant(s)/Lessee: shall be referred to as "RESIDENT." As consideration for this
agreement, OWNER agrees to rent/lease to RESIDENT and RESIDENT agrees to rent/lease from OWNER for use solely as
a private residence, the premises located at:
1. TERMS: RESIDENT agrees to pay in advance $ per month on the 1
st
day of each month. This agreement shall
commence on
and continue; (check one)
A.√ . until –
as a leasehold. Thereafter it shall become a month-to-month tenancy. If RESIDENT should
move from the premises prior to the expiration of this time period, they shall be liable for all rent due until such time that the
Residence is occupied by an OWNER approved paying RESIDENT and/or expiration of said time period, whichever is
shorter.
B.__ on a month-to-month tenancy until either party shall terminate this agreement by giving a written notice of intention to
terminate at least 30 days prior to the date of termination.
2. PAYMENTS: Rent and/or other charges are to be paid at such place or method designated by the owner. All payments are
to be made by bank deposit. OWNER acknowledges receipt of the First Month's rent of $ , and a Security Deposit of
. An additional $ deposit will be added for the use of a new stove. All payments are to be made payable to
.
3. SECURITY DEPOSITS: The total of the above deposits shall secure compliance with the terms and conditions of this
agreement and shall be refunded to RESIDENT within __30__ days after the premises have been completely vacated less any
amount necessary to pay OWNER; a) any unpaid rent, b) cleaning costs, c) key replacement costs, d) cost for repair of
damages to premises and/or common areas above ordinary wear and tear, and e) any other amount legally allowable under
the terms of this agreement. If deposits do not cover such costs and damages, the RESIDENT shall immediately pay said
additional costs for damages to OWNER.
4. LATE CHARGE: A late fee of $, shall be added to any payment of rent made day(s) after the due date or for
which a deficient (bounced) check shall have been given.
5. UTILITIES: RESIDENT agrees to pay all utilities and/or services based upon occupancy of the premises.
6. OCCUPANTS: Guest(s) staying over 15 days without the written consent of OWNER shall be considered a breach of this
agreement and may result in eviction, additional rent increase of $ 100 per adult, and/or any other measures as determined
by OWNER. ONLY the following individuals, AND NO OTHERS shall occupy the subject residence for more than 15 days
unless the expressed written consent of OWNER is obtained in advance:
____________________________
_________________________________.
7. PETS: No animal, fowl, fish, reptile, and/or pet of any kind, aside from the 1 (one) dog, shall be kept on or about the
premises, for any amount of time, without obtaining the prior written consent and meeting the requirements of the OWNER.
Such consent if granted, shall be revocable at OWNER'S option upon giving a 30 day written notice. In the event laws are
passed or permission is granted to have an additional pet and/or animal of any kind, an additional deposit in the amount of
$__ shall be required, in addition to the required for the 1(one) dog, along with the signing of OWNER'S Pet
Agreement. RESIDENT also agrees to carry insurance deemed appropriate by OWNER to cover possible liability and
damages that may be caused by such animals.
8. LIQUID FILLED FURNISHINGS: No liquid filled furniture, receptacle containing more than ten gallons of liquid is
permitted without prior written consent and meeting the requirements of the OWNER. RESIDENT also agrees to carry
insurance deemed appropriate by OWNER to cover possible losses that may be caused by such items.
Resident’s Initials:_______.
Page 2
2
9. PARKING: The RESIDENT is assigned the driveway as their designated parking area/space on OWNER'S property.
The parking area/space shall be used exclusively for parking of passenger automobiles and/or those approved vehicles listed on
RESIDENT'S Application. RESIDENT is hereby assigned or permitted to park only in the following area or space
______Driveway_____. The parking fee for this space is $__N/A___ monthly. Said space shall not be used for the washing,
painting, storing, or repair of vehicles. No other parking space shall be used by RESIDENT or RESIDENT'S guest(s). RESIDENT
is responsible for oil leaks and other vehicle discharges for which RESIDENT shall be charged for cleaning if deemed necessary by
OWNER. Parking is hereby considered a privilege and can be revoked if deemed necessary by OWNER.
10. NOISE: RESIDENT agrees not to cause or allow any noise or activity on the premises which might disturb the peace and
quiet of another RESIDENT and/or neighbor. Said noise and/or activity shall be a breach of this agreement.
11. DESTRUCTION OF PREMISES: If the premises become totally or partially destroyed during the term of this
Agreement so that RESIDENT'S use is seriously impaired, OWNER or RESIDENT may terminate this Agreement
immediately upon three day written notice to the other.
12. CONDITION OF PREMISES: RESIDENT acknowledges that they have examined the premises and that said premises,
all furnishings, fixtures, furniture, plumbing, heating, electrical facilities, all items listed on the attached property condition
checklist, if any, and/or all other items provided by OWNER are all clean, and in good satisfactory condition except as may
be indicated elsewhere in this Agreement. RESIDENT agrees to keep the premises and all items in good order and good
condition and to immediately pay for costs to repair and/or replace any portion of the above damaged by RESIDENT, his
guests and/or invitees, except as provided by law. At the termination of this Agreement, all of above items in this provision
shall be returned to OWNER in clean and good condition except for reasonable wear and tear and the premises shall be free
of all personal property and trash not belonging to OWNER. It is agreed that all dirt, holes, tears, burns, and stains of any size
or amount in the carpets, drapes, walls, fixtures, and/or any other part of the premises, do not constitute reasonable wear and
tear. RESIDENT shall not commit or allow any unlawful activity on premise or within a 1,000 foot radius of the premise.
13. ALTERATIONS: RESIDENT shall not paint, wallpaper, alter or redecorate, change or install locks, install antenna or
other equipment, screws, fastening devices, large nails, or adhesive materials, place signs, displays, or other exhibits, on or in
any portion of the premises without the written consent of the OWNER except as may be provided by law.
14. PROPERTY MAINTENANCE: RESIDENT shall deposit all garbage and waste in a clean and sanitary manner into the
proper receptacles and shall cooperate in keeping the garbage area neat and clean. RESIDENT shall be responsible for
disposing of items of such size and nature as are not normally acceptable by the garbage hauler. RESIDENT shall be
responsible for keeping the kitchen and bathroom drains free of things that may tend to cause clogging of the drains.
RESIDENT shall pay for the cleaning out of any plumbing fixture that may need to be cleared of stoppage and for the
expense or damage caused by stopping of waste pipes or overflow from bathtubs, wash basins, or sinks. RESIDENT is also
made aware that the grass on the premises, for which they are responsible, will be mowed, maintained, and watered regularly.
15. HOUSE RULES: RESIDENT shall comply with all house rules as stated on separate addendum (attached here or
provided at a later time), but which are deemed part of this rental agreement, and a violation of any of the house rules is
considered a breach of this agreement.
16. CHANGE OF TERMS: The terms and conditions of this agreement are subject to future change by OWNER after the
expiration of the agreed lease period upon 30-day written notice setting forth such change and delivered to RESIDENT. Any
changes are subject to laws in existence at the time of the Notice of Change Of Terms.
17. TERMINATION: After expiration of the leasing period, this agreement is automatically renewed from month to month,
but may be terminated by either party giving to the other a 30-day written notice of intention to terminate. Where laws
require "just cause", such just cause shall be so stated on said notice. The premises shall be considered vacated only after all
areas including storage areas are clear of all RESIDENT'S belongings, and keys and other property furnished for
RESIDENT'S use are returned to OWNER. Should the RESIDENT hold over beyond the termination date or fail to vacate all
possessions on or before the termination date, RESIDENT shall be liable for additional rent and damages which may include
damages due to OWNER'S loss of prospective new renters. Furthermore, the RESIDENT agrees to make the premises
accessible to show to prospective tenants or purchasers at any and all reasonable times, whether the RESIDENT is present or
not.
18. POSSESSION: If OWNER is unable to deliver possession of the residence to RESIDENT on the agreed date, because of
the loss or destruction of the residence or because of the failure of the prior residents to vacate or for any other reason, the
RESIDENT and/or OWNER may immediately cancel and terminate this agreement upon written notice to the other
Resident’s Initials:_______.
Page 3
3
party at their last known address, whereupon neither party shall have liability to the other, and any sums paid under this
Agreement shall be refunded in full. If neither party cancels, this Agreement shall be prorated and begin on the date of actual
possession.
19. INSURANCE: RESIDENT acknowledges that OWNERS insurance does not cover personal property damage caused by
fire, theft, rain, war, acts of God, acts of others, and/or any other causes, nor shall OWNER be held liable for such losses.
RESIDENT is hereby REQUIRED to obtain his own renters insurance policy to cover any personal losses.
20. RIGHT OF ENTRY AND INSPECTION: OWNER may enter, inspect, and/or repair the premises at any time in case
of emergency or suspected abandonment. OWNER shall give 24 hours advance notice and may enter for the purpose of
showing the premises during normal business hours to prospective renters, buyers, lenders, for smoke alarm inspections,
and/or for normal inspections and repairs. OWNER is permitted to make all alterations, repairs and maintenance that in
OWNER'S judgment is necessary to perform.
21. ASSIGNMENT: RESIDENT agrees not to transfer, assign or sublet the premises or any part thereof.
22. PARTIAL INVALIDITY: Nothing contained in this Agreement shall be construed as waiving any of the OWNER'S or
RESIDENT'S rights under the law. If any part of this Agreement shall be in conflict with the law, that part shall be void to
the extent that it is in conflict, but shall not invalidate this Agreement nor shall it affect the validity or enforceability of any
other provision of this Agreement.
23. NO WAIVER: OWNER'S acceptance of rent with knowledge of any default by RESIDENT or waiver by OWNER of
any breach of any term of this Agreement shall not constitute a waiver of subsequent breaches. Failure to require compliance
or to exercise any right shall not be constituted as a waiver by OWNER of said term, condition, and/or right, and shall not
affect the validity or enforceability of any provision of this Agreement.
24. ATTORNEY FEES/ WAIVER OF JURY TRIAL: If any legal action or proceedings be brought be either party to
enforce any part of this agreement, the prevailing party shall recover in addition to all other relief, reasonable costs and
attorney’s fees, whether or not the action proceeds to judgment. If a legal action or proceeding is brought to enforce any of
the obligations of this agreement, the parties agree that the reasonable attorney’s fees to be awarded shall not exceed $500 to
the prevailing party in any action or proceeding. In no instance shall this provision limit the court from awarding additional
sanctions pursuing to the code of legal procedure or the California rules of the court. Recognizing that jury trials are both
time consuming and expensive, OWNER and RESIDENT hereby waive their right to a trial by jury on any matter arising out
of this agreement or the use, or the occupancy of the premises herein.
25. JOINTLY AND SEVERALLY: The undersigned RESIDENTS are jointly and severally responsible and liable for all
obligations under this agreement.
26. REPORT TO CREDIT/TENANT AGENCIES: You are hereby notified that a nonpayment, late payment or breach of
any of the terms of this rental agreement may be submitted/reported to a credit and/or tenant reporting agency, and may
create a negative credit record on your credit report.
27. INVENTORY: The premises contains the following items the RESIDENT may use and shall be returned clean and in
good working condition:
.
28. KEYS AND ADDDENDUMS: RESIDENT acknowledges receipt of the following which shall be deemed part of this
Agreement: (Please check)
_√_ Key Receipt _√_ House Rules __ Condominium Notice
_ House Condition Photo Documentation
29. RECEIPT OF AGREEMENT: The undersigned RESIDENTS have read and understand this Agreement and hereby
acknowledge receipt of a copy of this Rental Agreement
I believe I forgot to mention that in his lease, he writes that each party agrees to not take either party to court due to the excessive costs and time it would take. There is a full paragraph of filler, but that's the gist of it. I'm unsure if this statement in lease prevents me from taking any legal action. It's like negligence from a doctor. Yes, you sign your life away saying they aren't responsible if anything goes wrong, but if they knowingly did something wrong or illegal, that doesn't justify it or get them out of trouble does it? This doesn't give someone the right to partake in illegal activity just because I signed a paper saying I couldn't take you to court, right?
I'm not a lawyer... in another life, I conducted arbitration hearings and certified in California.
Generally, if the right to legal action is waived, an alternative Dispute Resolution Process substitutes.
A lawyer could review and might find the section of the lease is unenforceable...
It seems you only agreed to waive a trail by jury and not a judge?
You just waived your right to trial by jury, and limited the winner to collecting attorney's fees of a max of $500. Not sure if these restrictions are legal or not in California, but i don't see them as being bad, really. An attorney could tell you. If you were to duke it out in small claims court, neither would be an issue.
What I saw was that it says the driveway is the owner's property. This is the stickler.
Now you can't say you weren't aware that the owner might be going up and down your driveway. Your lease says the driveway is the owner's property. He just gave you the right to park there.
Also, it looks like the lease is checked for a lease, but it doesn't give the time frame. Later it says you only have to give each other 30 days notice, so I'm wondering if you have a lease or a month-to-month agreement. This only matters if you just want to give 30 days notice to move. But, it could also mean the landlord could just give you 30 days to move.
There is such a thing in CA as a retaliatory eviction, which you could look into if your landlord tries to give you notice after exercising your rights.
As far as the driveway and people coming and going, talk to a lawyer, if it's worth the trouble. But, I'm afraid he/she will say that since it's in writing that the driveway is the owner's property, you can't claim that you believed it was yours (as a tenant).
Take photos, though, of people in the yard, garbage in your cans, etc. I think you still could have a case for quiet enjoyment being disturbed. Maybe you can get an injunction to keep him from renting the garage if it's illegal.
I know you don't have lots of time, but the amount of time it would take to move vs. the time you would spend stewing and looking out your window, and in your garbage cans, and talking to lawyers, and calling utility companies, and building inspectors, etc., etc., etc.......is it really worth it?
I agree you should sue him. But, really, for your own peace of mind, move. Then sue. Get out of that house/yard of horrors!
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