Legal Question in Real Estate Law in California


I had signed a lease in San Francisco California which I'm subletting. I was also renting parking which the subletter doesn't need, landlord refuses to cancel the parking rent claiming it's due for the lease period, is that correct?

The lease contract is standard so kindly advise in that case

Asked on 8/27/13, 9:37 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

There is no such thing as "standard" when parking is rented as an add-on rather than automatically coming with the unit. It could be part of one document. It could be a separate rental agreement for the parking. If separate it could have cross references and incorporation terms, or not. In short, they could be tied to each other or not, or it could be unclear, all depending on what the document(s) actually say. I can tell you that no matter what, you can't just cancel a rental agreement for parking without paying something for breaching the contract. What you would owe, and for how long, requires reviewing the document(s).

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Answered on 8/27/13, 9:44 pm

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

If you rent A and B, then sublet A, you still owe rent for B. Even if the apartment and the garage were part of a package deal, you're ultimately liable for the total rent or, put differently, both rents.

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Answered on 8/28/13, 8:55 am

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