Legal Question in Real Estate Law in California

Lease dispute

I signed a 10-month lease last month. My lease stated that I am allowed 2 parking stickers because my wife and I have 2 vehicles. This month the property manager tell me that they are changing the parking policies to make more parking for the tenants. The big change is that because one of our vehicles is parked in a garage we will only be getting 1 parking sticker for the car that is parked in the residential parking area. Management states that I don�t need a sticker because my car will be in the garage. The old lease also states that I am required to have a sticker in order to park on their property. Some days I park in the garage, some days my wife does for safety and security reasons. The property manager wants to sign an amendment to our lease that states the new policy. Can they change our lease? If so don�t they have to give us notice in writing?


Asked on 10/31/03, 4:17 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Lease dispute

Basically I would need to read to release before I could give you any good realistic legal advice. If in the leasing future to parking spaces and more importantly that was a material inducement to you renting that particular property you would have a right to sue for damages or cancel lease if you wish. Forgetting all that litigation you want to solve the problem as peaceably as possible. My advice hangs tough. The leases buying the than they cannot just changed because "their policies change" yes they need to give you written notice the more importantly they need your approval if the leases to change in that manner. Approval in writing. This is all subject to the lease containing the proper wording begin to the right to, pain what hang tough. I've been practicing law the San Francisco Bay Area for over thirty years that if you wish to consult with many climate 925 -- 945 -- 6000.

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Answered on 11/01/03, 7:00 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lease dispute

A lease is a contract and can't be changed without the consent of all parties unless, of course, some provision of the lease specifically allows unilateral or automatic modification of a provision, e.g. rent increases to matchchanges in the consumer price index.

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Answered on 10/31/03, 4:50 pm


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