Legal Question in Real Estate Law in California

My apartment is assigned one parking space, however I came home the other day and found a car parked in my space. I found out through another tenant in the building that the car belongs to a tenant in the building who normally parks outside on the street. I also found out that this tenant is on vacation for a month, so unless she left the key with someone else, the car cannot be moved! I was never given any notice by the tenant nor the management that she would be parking in my space. I sent an email to the management and have not yet heard back from them. It has been over 24 hours since I sent the email. Until this matter is resolved, is it possible to withhold either the entire rent or partial rent?


Asked on 9/15/15, 3:30 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

This is probably a situation that would make withholding rent legally permissible. Nevertheless, I feel it might elevate the matter beyond reasonable proportions if you exercised that right. I would first try some more direct and positive approach to the apartment management.... don't you have an on-premises manager? Larger apartment complexes are required to have an on-site management person. Oh, also, take photos to preserve a record of the trespassing automobile.

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Answered on 9/15/15, 8:40 pm


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