Legal Question in Real Estate Law in California

Commercial tenants and common area property.

If a tenant places a large metal storage container and or stores there business items in the parking lot and or common area. Can they be ordered to remove it. And if they do not, can a property owner have it removed at the tenants expence ?


Asked on 8/15/00, 7:25 pm

1 Answer from Attorneys

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

Re: Commercial tenants and common area property.

This is the kind of question that almost always has to be resolved by referring to the language of the contract (here, a written lease, I would imagine). Most commercial leases are pretty carefully and comprehensively drawn, at least by larger property managers. Even if the lease doesn't cover the specific situation, there may be some general language limiting the tenant's use of facilities that a court would apply to this situation.

Otherwise, the situation may be governed by the general rules of trespass. Reduced to one sentence, when X trespasses on the lands of Y, Y may (peacefully) eject X and recover damages for harm suffered in consequence of X's trespass.

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Answered on 9/22/00, 3:08 pm


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