Legal Question in Landlord & Tenant Law in California

Re: Landlord storing his property in garage

Dear Sean:

Generally, you rent the entire property. It is unclear where you live, and where landlord lives, and whether or not the garage is attached. Since the situation is not covered by the lease, a judge and/or jury would have to decide whether you have rented the garage, or whether it is retained by landlord. I would need more facts to hazard a guess.

Since the situation is unclear, you might want to negotiate with him (he does not sound very reasonable). You also might face eviction as soon as the lease expires, or sooner, if he can manufacture a reason. I would write a certified letter, return receipt requested, asking him to move his "stuff", or you will deduct from the rent. The law is clear that you can make repairs and deduct, BUT, of course, there are no repairs here.

I think your best option is to retain a lawyer to write a strong letter to your landlord regarding your situation. Perhaps he will realize you are serious, as well as right, again I am assuming the garage should be part of your property. If this doesn't help, then you'll have to go to Small Claims Court.

If you need more help immediately, please call my office. (My computer is going in for major repairs, and I will be "computer-less" for a while.