Legal Question in Landlord & Tenant Law in California

keg fine

Our landlord came by yesterday and entered our backyard area (gated off if that makes a difference) without notice, written or otherwise, and saw a broken, empty, keg shell. in our lease it stipulates that and keg seen on the property is subject to a $500 fine for any damages that might of come from the keg being there, however, it was never used for the inferred purpose.... planned to use it for an art project.

if only to add to the complications i have actually yet to sign a lease... previous roommate and i just never got around to getting it switched over and i just assumed the rent... dont know if this changes the situation at all either.

can i get out of this?

p.s. i am 22


Asked on 3/11/09, 10:30 pm

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: keg fine

The landlord would generally not have the right to enter into a private backyard, if in fact that backyard is a part of your "exclusive use" area under your lease. Since you say you have not signed a lease, but previous tenants did have one, you are probably bound to a degree by their rights and obligations under the lease. In fact, by having simply "assumed" the rent, there is an argument to be made that you are an illegal sub-tenant and subject to eviction. Ignoring that, the issue of the keg is one that I would simply go to the manager and explain. You need to discuss with him why it was there, and then straighten out the issue with the lease. Its important that you understand that while the landlord may have been wrong in entering the yard (and I say maybe because without reviewing the old lease, I can't say that for sure), you are clearly in the wrong having not signed a new lease, and by having the keg there, even if it was for some other purpose. Grovel if you must, but you need to clear this up face-to-face with the landlord.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/12/09, 12:42 pm


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