Legal Question in Landlord & Tenant Law in California

I live on a property that has a main house(Where my wife and I reside),a small guest house and an apartment type building behind us.The couple in the guest house parks two cars on the lot with no charge.The next couple have two cars and one parks on the street.the fourth tenant parks on the lawn adjacent to the driveway.That is the area where I would like to park my wife's car (For security reasons. She gets home late at night.) Is the landlord legally allowed to charge me to park a second car on the property when none of the other tenants are charged.There is no mention of parking in the lease.

Asked on 9/02/13, 12:28 pm

1 Answer from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

My recommendation is that you should negotiate this issue with the landlord. You may also want to negotiate a change in parking places with the tenant that uses the spot that you and your wife would like to use.

The landlord could opt to charge you for parking a second car on the property as there is no requirement that all rental agreement with all tenants be identical. On the other hand if parking is being offered as an amenity without reference to the number of cars a tenant may park on the property, then any change by the owner would need to be formally noticed in writing to all tenants with a specific point in time (typically 30 days) notice of the change and the increase in rent.

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Answered on 9/02/13, 5:12 pm

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