Legal Question in Real Estate Law in California

apartment parking rights

A tenant insists on storing his boat(large) in his covered parking space and we would like it removed. Are there legal grounds to make him remove it other than merely telling him we want it removed? We told him all vehicles parked in covered parking spaces must be ''drivable and move under their own power'' because we make others move ''stored'' non-operative vehicles. We want legal statutes.


Asked on 1/20/01, 5:38 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: apartment parking rights

There probably isn't a statute directed to this particular situation. What we have here is most likely just a matter of interpretation of a contract (the lease). Normally, when building space is leased and the contract is silent on the use(s) to which the tenant may put the space, any reasonable use is permissible.

The question is then whether storing a boat instead of a motor vehicle is reasonably within the scope or contemplation of the lease. Assuming the lease doesn't say 'operable motor vehicles only' (expressly or impliedly), it is hard to say whether a judge or jury would find the storage of a boat instead of a car to be so unreasonable and inconsistent a use as to violate the lease.

My guess is that you would lose in court, but the outcome is somewhat uncertain and there is certainly some chance you would prevail.

You do not explain why the storage of the boat is a problem. If there is some substantial reason why a boat is a problem, that might help you win, but on the fact given I don't see it.

Your oral statements to the tenant after the lease is entered into won't have much effect on the interpretation of the lease. Sorry I can't be more sympathetic but in truth I think your case is not strong.

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Answered on 2/14/01, 2:07 pm


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