Legal Question in Real Estate Law in California

renters rights

i rent a house behind my landlords house he parks his truck back here is that legal


Asked on 4/08/02, 1:21 pm

1 Answer from Attorneys

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

Re: renters rights

First, posing the question as 'is it legal?' (versus 'illegal') makes the issue sound harsh, like a criminal matter. It's really more of a question of whether the parking is 'permissible under the lease' or not permitted.

When there are two houses on a single lot, one occupied by the owner/landlord and the other occupied by a tenant, a question may arise as to how much of the lot, if any, is rented to the tenant along with the second house, and how much is retained by the landlord.

Most leases in such a situation are probably silent on the matter. I assume you have looked to see if your lease says anything about grounds included in your lease.

When, as usual, the lease is silent, I believe a court would conclude that the tenant is entitled to some portion of the lot surrounding the rented house. It would not necessarily be one-half of the lot, but more likely just enough to give the tenant access, privacy, etc. -- in other words, a reasonable amount.

Therefore, this long-winded explanation can be wrapped up as follows. If the landlord is parking so close to your rented house that it unreasonably interferes with your access or privacy, he may be trespassing on your leasehold.

It is a question of applying reason to the facts and no final answer can be given from afar.

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Answered on 4/08/02, 3:24 pm


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