Legal Question in Landlord & Tenant Law in California
Landlords personal property
Can a tenant withhold or modify agreed upon rent payments because a landlord has stored some personal property at the rental?
1 Answer from Attorneys
Re: Landlords personal property
In doing so, a tenant runs the risk of being evicted. Even the filing of an eviction lawsuit will show up on your credit rating and potentially damage the tenant's ability to rent at a new location.
It also depends on the circumstances of how the landlord's personal property came to be stored at the rental property. it also depends on the terms of the lease.
Let's suppose the tenant was renting a house with a two car garage. If the landlord was using 1/2 of the garage to store stuff and that was disclosed to the tenant, then that might be part of the lease agreement. On the other hand, maybe the landlord moved the stuff their about 6 months later, then the tenant would have a legitimate. claim. However, the matter is best resolved by filing a small claims lawsuit instead of withholding the rent.