Legal Question in Landlord & Tenant Law in California

gasoline smell in garage

haveing problems with landlord storeing cars that smell like gas and its a danger to my family it could cause an explosion in garage aslo storeing stolen bikes in garage


Asked on 6/03/09, 12:21 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: gasoline smell in garage

While I appreciate your concern, I'm a bit unclear on how you know that the bikes are stolen, and that the mere smell of gasoline is dangerous? I've owned and restored a lot of old, classic cars, and most old cars - even if not leaking fuel or posing a hazard, do smell of gasoline. If you are truly concerned about this, and the landlord will not respond to your complaints (I assume you have already complained to the landlord and he refused to help you), then call the building department for the city in which you live. Advise them of the fact that you have complained about a dangerous condition, and the landlord fails to correct it. If you have proof the bicycles are stolen - call the police. If not, unless they imping on your parking space, provided for in your lease, let it go.

Be aware that if you are a month-to-month tenant, your rights to remain in the property are just that - from month-to-month. The landlord can give you a sixty day notice to leave (or thirty if you have lived there less than 1 year), and does not have to give a reason. Now, if he gives you notice because you called the local building department, you may be able to defend his eviction on the basis of retaliatory eviction, but just be aware that you may open a hornet's nest with this.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/03/09, 1:20 pm


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