Legal Question in Real Estate Law in California

Owner holding over parking space

I signed a condo lease stating I would receive 1 parking space, not knowing 2 were actually assigned for the 3 bedroom unit I was renting - the owner has parked/not moved his vehicle from there in months. Later because of another matter an attorney I contacted read me a CA statute which states something to the effect: all parking spaces shall be given to the tenant and not heldover by the owner/management. I have since been unable to locate the passage to give to my management company and it has now become an issue in which they claim i am only entitled to one space.

Does anyone know where I can find this statute/law or which number it is?


Asked on 3/10/99, 5:44 am

1 Answer from Attorneys

Jed Somit Jed Somit, Attorney at Law

Re: Owner holding over parking space

I can't find the statute, either. Perhaps it was in a local rent control

ordinance, prohibiting a decrease in the level of services. Offhand, I can't

imagine why an owner is required to give up parking to a tenant, and cannot reach

his own bargain with the tenant.

Jed Somit

Jed Somit, Attorney at Law

1440 Broadway - Suite 910


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Answered on 3/12/99, 2:37 pm


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