Legal Question in Landlord & Tenant Law in California

Tenant Rights

I am a low income mother of 3 children. Today a notice was passed out to all tenants, stating that on Tuesday July 22nd 2008 they are going to re-seal the parking lot. They also stated that not only do the cars need to be out of the parking lot by 6:30am, but the tenants need to make arrangements to either leave their apartments or stay in their apartments til completion of this job. The parking lot is the only access in and out of the complex. And therefore leaving would not allow back in and stay would put us in a lockdown status. They stated we can not either return or come out of our apartments until the next evening. The evening of July 23rd. This is a inconvenice for anyone living in the complex, because there would no way in or out. is this in the legal rights of the landlord


Asked on 6/28/08, 4:48 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Tenant Rights

Yes, this is an inconvenience, but the landlord's defense will be that the repairs to the property are necessary, and that there was no reasonable alternative. That being said, as Mr. Bennett correctly points out, read your lease and see if there is anything covering disposession from the property. If I read your email correctly, you have to be out of the property for about 36 hours - that may be sufficient for you to request compensation, but its very very marginal. I'd made the request that they reimburse you for one night in a hotel. If they refuse, from a practical standpoint, I'd probably drop it because for the amount you are talking about (maybe one day's rent), its probably not worth getting on the wrong side of your landlord, or worse yet, getting a notice terminating your tenancy, and having to fight that.

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Answered on 6/30/08, 4:10 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Tenant Rights

Probably legal.

You need to read your lease and see if this is covered by one of the provisions. While it is inconvenient, it is the landlord's property, and I am sure there will be a direct benefit to you, and the other tenants.

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Answered on 6/28/08, 5:33 pm


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