Legal Question in Landlord & Tenant Law in California

My landlord hired a company to clean our property and they cut my bike lock and took my bike? Is this legal? (CA)

They did provide a notice the week before saying not to leave personal property outside, but it did not specify bicycles, and my bike was not obstructing any pathways or egress. I asked the property manager what we were supposed to do with our bikes, and she said that the landlord was thinking about getting a bike rack (which is a lie, he refuses to do so) but she wouldn't answer my question directly. Our lease says bikes must be stored in bike racks 'where provided'.


Asked on 11/01/13, 3:04 pm

1 Answer from Attorneys
Mark Saltzman, MBA, JD Law Offices of Mark E. Saltzman

The landlord did not have the right to steal your bike, and, inasmuch as there were no bike racks provided, it seems reasonable for you to find a parking spot for the bike, as long as it is in a proper location. If, in fact, your bike obstructed pathways or egress, you may have created a nuisance. This occurrence could be the basis of evicting you, but not stealing the bike. It would appear that you have an action against your landlord for stealing the bike and cutting your lock. The action could seek monetary damages, return of the bike, or both. You may have other remedies available to you. I suggest that you check with a small claims court advisor. Based on your zip code of 90007, you would be in Los Angeles County. You can get small claims help at www.lasuperiorcourt.org.

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Answered on 11/04/13, 11:12 am


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