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Old 05-20-2015, 01:52 PM
 
2 posts, read 2,198 times
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Hi there. I'm new to this forum and I hope someone can help. We've lived in our duplex in Los Angeles since 2009. Our LL is bedridden and lives upstairs. We have a yard that is basically ours since she never leaves her apartment. We have two dogs and I often leave the backdoor open so the dogs can hang out outside.

There are two garages that back into an alley that you access through our backyard. For the past two months, our LL's relative has been using her garage to run his maintenance business out of. Not only does he come around every day and block the alley with his van, he also brings his workers with him so now I have random people milling about my yard and alley every day. He doesn't have a remote for the garage so he has to open the back gate to get into the garage, which leaves my backyard open to the alley.

I feel I have lost my privacy and the ability to let my dogs outside, because of the random people there and the gate being open. The other morning at 8am I was in my pajamas in the backyard when they showed up. Ugh.

I don't know if my LL is totally aware of what's going on, as she is pretty old. I don't want to cause problems but I feel that this is not only a violation of my renter's rights but also violates residential zoning codes.

BTW, I feel like this guy is shady and is only waiting for my LL to die so he can get the place. We are also worried what will happen to us/our renter status when she dies so that's another reason I don't want to make waves but it's totally annoying to have these people here everyday!
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Old 05-20-2015, 02:44 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,710,891 times
Reputation: 26727
Quote:
Originally Posted by sfla2015 View Post
We have a yard that is basically ours since she never leaves her apartment.
Obviously it's an uncomfortable situation but the yard isn't "basically" yours unless your lease specifies that it's for your sole use. Sorry, but it's really that simple.
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Old 05-20-2015, 07:22 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257
Hummm Me thinks Me be moving! Anti Freeze is Deadly as is a lot of other things they can get into with a shop that close.
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Old 05-20-2015, 07:36 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
Quote:
Originally Posted by sfla2015 View Post
Hi there. I'm new to this forum and I hope someone can help. We've lived in our duplex in Los Angeles since 2009. Our LL is bedridden and lives upstairs. We have a yard that is basically ours since she never leaves her apartment. We have two dogs and I often leave the backdoor open so the dogs can hang out outside.

There are two garages that back into an alley that you access through our backyard. For the past two months, our LL's relative has been using her garage to run his maintenance business out of. Not only does he come around every day and block the alley with his van, he also brings his workers with him so now I have random people milling about my yard and alley every day. He doesn't have a remote for the garage so he has to open the back gate to get into the garage, which leaves my backyard open to the alley.

I feel I have lost my privacy and the ability to let my dogs outside, because of the random people there and the gate being open. The other morning at 8am I was in my pajamas in the backyard when they showed up. Ugh.

I don't know if my LL is totally aware of what's going on, as she is pretty old. I don't want to cause problems but I feel that this is not only a violation of my renter's rights but also violates residential zoning codes.

BTW, I feel like this guy is shady and is only waiting for my LL to die so he can get the place. We are also worried what will happen to us/our renter status when she dies so that's another reason I don't want to make waves but it's totally annoying to have these people here everyday!
I'm wondering if you've got rent control where you are. If so, your rent is probably really low. So, moving would be very expensive.

If that's true, you probably want to stay. So, talk to your landlady. And what I would do, is bring an answer to your problem with you. Tell her these guys are hanging around, etc., and would she please tell them not to go through your yard, or to only come during certain hours, or whatever you decide is the most important thing for you. In other words, a compromise.

If you approach her in a nice manner with a reasonable request and explain the situation, she'll probably be more inclined to help you. And, it's possible she doesn't know what's going on, as you say. So, she may come back with, "What??? He's not supposed to be here at all!" For all you know.

I'd start out like that. Then see what happens. If she's incoherent or nothing changes, then talk to the guys. Tell them they need to limit their time there, or not go through the yard, or whatever. Start out friendly but firm. Then see how it goes.

If it would be just as cheap to move somewhere else, that would always be an option. But, I'm betting it's not. You'll have to decide if it's worth staying for the cheap rent.

Legally, she probably has the right to use of the back garages in any way she wants, including letting her relative use them. You're thinking of your right to quiet enjoyment. This would come into play if your rental agreement says that yard is your exclusive space, and as such, they should not be invading it constantly. But, from your description, it doesn't sound like you have that right in your rental agreement.

So, you've had a really nice long run of using that common space all to yourself. But, I'm not so sure you have a continued right to it.

And if you're thinking about turning her in for using the property in a manner that's not allowed by zoning laws, for using it as a business, I'm afraid things could get really ugly, and you'll end up having to move anyway, if only to get away from a hostile situation.

I did not have to deal with rent control when I managed apartments in Santa Clara, but you might want to call the Housing Authority to see what happens if she sells the place or dies - if your tenancy continues anyway. If you're not in rent control, they would just have to give you the proper notice to move out.

By the way, if they want to kick you out of rent control, I think it's a pretty hefty payoff they have to give you. Anyway, if you're under rent control, find out the laws.
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Old 05-20-2015, 07:44 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
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This is the rent control website for LA, if you're in rent control check it out:

Rent Stabilization
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Old 05-20-2015, 11:37 PM
 
2 posts, read 2,198 times
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Thank you No More Snow, for your thoughtful response. I guess I hesitate to bother her because she is in her 90s and bedridden. We tend to just take care of things that come up ourselves instead of bothering her with it, unless it is a really serious situation. She is really nice and she loves having us as tenants so I hate to cause any waves with her. In fact, she has only raised the rent once since we've lived there by $75, even though she could have raised it every year. I think she can raise it 3% every year.

We pay a really nice price for what we have, since we started renting it when the market was really bad. It would cost us about $1,500 more to get something comparable in the LA market today, so we'd hate to move.

I feel like our LL gets taken advantage of by people and this relative is one of those people. As I've said, he's a shady character and is probably just waiting for her to die so he can get the property. (Not sure if he will get it but she doesn't have any kids so he at least thinks he's in the running). I guess I will just have to try and be nice and maybe ask him if he'll at least get a remote for the garage so he doesn't have to come in through the backyard.

Thanks again.
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Old 05-21-2015, 12:19 AM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
You know what you could do, is call Adult Protective Services, if you think she's being abused by this relative. Abuse can include anything where she's being taken advantage of. They could at least check on her to see if this relative is abusing her in any way or taking money or who knows what.

There was a man in the last senior building I lived in who was giving money to a young niece who was taking advantage of him. She would convince him to buy her things and he was just about to buy her a car when someone (not me) called either social services or adult protective services, and they got right on the situation.

So, maybe you could help her that way?

Congrats on the good deal you're getting. It's sounds like a symbiotic situation where you look out for her, too. I hope you can get it worked out with the jerks in your yard.
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Old 05-21-2015, 10:24 AM
 
7,672 posts, read 12,822,090 times
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I would start saving up monies for a possible move. You are getting some warning now so if something happens in the next few months, you are prepared. This is definitely a sign of things to come. It doesn't hurt to buckle down and save up for a deposit, move and first month's rent etc. And if nothing happens, then you have extra monies in the bank.

Since talking to the landlord is out of the question, why don't you buy a spring for the back gate that forces it to swing shut after opening it? It costs maybe $10 at most and easy to install. Also call the city and see if you can report that illegal business anonymously. Good luck!

P.S. Just saw a suggestion for adult protective services. Be careful with that, if she's bedridden, they might want to commit her to a home. Would she be okay with going into a home or rather stay in her own home. If she is being abused, then YES call right away. But if the extent of it is that her garage is being used without her permission and she herself is fine, then use caution in reporting it.
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Old 05-21-2015, 02:07 PM
 
Location: Silicon Valley
18,813 posts, read 32,505,733 times
Reputation: 38576
Quote:
Originally Posted by momtothree View Post
I would start saving up monies for a possible move. You are getting some warning now so if something happens in the next few months, you are prepared. This is definitely a sign of things to come. It doesn't hurt to buckle down and save up for a deposit, move and first month's rent etc. And if nothing happens, then you have extra monies in the bank.

Since talking to the landlord is out of the question, why don't you buy a spring for the back gate that forces it to swing shut after opening it? It costs maybe $10 at most and easy to install. Also call the city and see if you can report that illegal business anonymously. Good luck!

P.S. Just saw a suggestion for adult protective services. Be careful with that, if she's bedridden, they might want to commit her to a home. Would she be okay with going into a home or rather stay in her own home. If she is being abused, then YES call right away. But if the extent of it is that her garage is being used without her permission and she herself is fine, then use caution in reporting it.
Nowadays it's too expensive to put a person into an institution or assisted living facility. At worst, as long as she isn't a danger to herself or anyone else, they'd probably provide her with in-home support.
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Old 05-21-2015, 04:21 PM
 
28,115 posts, read 63,680,034 times
Reputation: 23268
Sounds like the situation could be improved by installing a remote or even an outside lock to the her garage... this should curtail having to go through the yard...

I'm a landlord with a duplex and I store all my supplies in the detached garage and it specifically says this in my rental agreement... I even have a separate electric meter just for the garage...

Only had one problem in 20 years... a single lady tenant asked if her boyfriend could move in and I said OK... the first week he says she needs the garage for storage and did not like it when I said I use it.

It escalated and this is how I solved it... I offered to relocate my supplies to a public storage space of the same size if they were willing to cover my $165 monthly rent... the decision was theirs.

A couple of months later he moved out... she said it was a big mistake because he was very controlling... and the garage was never an issue with her... she liked having a landlord that did not raise the rent...
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