Legal Question in Landlord & Tenant Law in California

Garage Eviction

We live in Santa Monica and my husband has been renting at the same building for 23 years. He has always had a detached, enclosed garage which is shared with the tenants upstairs.

About 10 years ago the building was sold and he and the new landlord have never gotten along. Mostly because she tends to think she is above the law as far as doing construction day in and day out, and so many other reasons, but that part of this can wait for another time.

Basically my husband doesn't put up with it and lets her know.

The most recent thing was when she went in our garage without permission and he was home so he told her to get out and wrote her a letter stating the code about 24 hours notice. She decided to give us a 30 day eviction notice from the garage claiming it was an amenity she could take it away from us. Retailitory? My husband never worried about the garage before because for 23 years he has had the use of it but then he called the rent control board they said it is not on the lease and she can leagally evict us from it.

Do we have any recourse?


Asked on 8/22/08, 2:24 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Garage Eviction

Possibly.

Rent control would be correct most of the time, but (a) this appears to be retaliatory, and ( b) the use of the garage over 23 years would possibly entitle you and husband to consider it part of your premises.

I regret I can't help you more, but I don't have the time to research law for my Law Guru questioners. I donate about 10 hours a week to this, and feel that is enough.

I would wait for her to proceed to unlawful detainer, and then fight back with your answer, and get in front of a small claims judge.

Also, after 23 years, you need to be served with a 60 day notice, not 30.

Good luck!

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Answered on 8/22/08, 4:24 pm


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