Legal Question in Real Estate Law in California

I am the owner of a duplex. I have a tenant with a vehicle and I also have a vehicle. The tenant may park in the driveway. There is a yard used as a patio, with two garages at the end of the driveway. Neither garage is used for housing vehicles. I have asked the tenant to share the driveway with our car, due to construction in the neighborhood. He has declined and parks at the edge of the driveway to effectively close off sharing. What, if any, is our legal recourse?


Asked on 3/05/11, 12:36 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

If th lease with the tenant allows him to park as he does, you have no remedy. He is under no obligation to be nice to you. Of course, if you are in a non-rent controlled area, subsequent increases in his rent will reflect his attitude toward you. If his lease is silent on the issue, than a reasonable man's standard applies and you could give a three days notice for blocking the path [interfering with the quiet enjoyment of a fellow resident] or a notice of not renewing the lease [30 days if has lived there less than one year, 60 days if more than a year].

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Answered on 3/05/11, 5:05 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Did he give you a reason, or his he just being unreasonable? Find out his concerns and try to hammer out a compromise.

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Answered on 3/05/11, 5:12 pm


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