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Old 07-21-2008, 06:19 PM
 
7 posts, read 58,216 times
Reputation: 15

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Hi everyone,

I would like to start out by saying thank you from the bottom of my heart to everyone who was so very helpful in providing feedback about previous questions I posted about finding a safe new home for me and my son in the LA area. We have settled on leasing a home that is affordable and *hopefully* safe in the Tujunga foothills area. However, I have another question about our new landlord that is puzzling me. We have rented a 2 bedroom, 1 bath home with attached garage from a couple that lives in NorCal. After I signed the lease and providing first month's rent and a large security deposit, the owner is now insisting that he continue to use the garage as a storage facility for his personal things. We discussed this previously and he gave me his word that he would move his things out, but he is now changing his story. I am frustrated because I spent more money to rent a home with a garage; and now will lose the use of the garage and may need to spend even more each month to rent an additional offsite storage facility. There is no mention in the lease that he intended to keep the garage for his own personal storage. I am trying to be kind and considerate with landlord, but firm, because we have not even moved in yet. Can the landlord arbitrarily decide to do this, and is there anything I can do to compel him (nicely) to allow me the full use of the garage that I am paying for? I am already beginning to regret my decision to lease this house; as the neighborhood looks more and more sketchy each time I drive through it.

Thanks again for any thoughts or experience anyone might have on this matter!
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Old 07-21-2008, 07:56 PM
 
Location: Hot Springs, AR
5,612 posts, read 15,110,658 times
Reputation: 3787
If your lease specifically states that you are renting the garage, then politely informhim that if he does not relinquish the garage, he will be in breach of contract. You can then technically sue him in small claims court for the extra expense of renting a storage unit. However, if your lease does not specify the garage, you may be out of luck.
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Old 07-21-2008, 09:36 PM
 
7 posts, read 58,216 times
Reputation: 15
Thank you for your feedback, CE Speed; and good luck to you in your new home in Arkansas. Ever since I came to CA in 2001 there has seemed to be no shortage of sleazy people who were dishonest and unethical with me in one way or another. I get so tired of not being able to trust people at their word.

My apologies to all for venting & being negative, and many thanks again to all who share their stories & insights about living in LA.
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Old 07-21-2008, 11:26 PM
 
28,113 posts, read 63,642,682 times
Reputation: 23263
You are entitle to everything your lease includes... anything less is a reduction and as such you can move or negotiate for a lower rent...

If you are renting month to month in a non rent controlled area the landlord is still required to give you a 30 day notice to change the terms of the tenancy.

If you have a lease that includes the garage... it's yours for the term of the lease.

Is the garage attached to the home? Can you access the space from inside your home AND the big question... are you responsible for the utilities serving the garage and were you given a key for the Garage?

I often DO NOT include detached garages with my rentals and my rentals clearly spell this out and also where the resident can park... I also installed separate Electric Meters Serving only the garages or the garage electricity comes from the House meter that I pay for... (I'm a car collector and that's how I got into Rental Property)

The previous poster is correct that the owner could easily be held responsible for the cost of comparable storage space should the Judge find your "Lease" includes the Garage.

Since this is important to you, I would either have the Landlord prove to your satisfaction that the Garage is not included or give him to the end of the month to remove his items or if you are up for a fight you can put him on notice that you will withhold an amount equal to the cost of comparable storage as long as his items continue to be stored their and tell him that California Law requires Rental Agreements to specify whenever a tenant is paying utilities for a "Common Area"
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