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socallegalwork
socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 117
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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I want to know if someone renting a garage space can be asked to move out. There is a writ

Customer Question

I want to know if someone renting a garage space can be asked to move out. There is a written agreement, signed by landlord and tenant, that includes a provision that gives either party the ability to cancel with a 30 day notice. The tenant renting does not live at the address and has been creating a nuisance with noise and working on his automobile. Do garage tenants have the same tenant rights? This tenant has already been given notification that his tenancy ends at the end of the month. This was done by leaving a letter on his car and by sending a certified letter to his home. This is an elderly owner (92) and she wants him gone. I'm trying to help her out.
Submitted: 7 months ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 7 months ago.
The short answer is yes, an agreement renting a garage or storage place can be terminated. Usually this is due to a failure to pay. In this case, your agreement provides for 30 day notice. You need to make sure you send the notice timely and in the fashion provided for under the lease (in the absence of a specific procedure for notice, certified mail should be sufficient).Is the garage space being used by someone actually residing in the garage? Or is it being used strictly for storage? If the garage is being resided in, how long as that person resided in the garage? Is the agreement for a fixed term or "month-to-month?" In some jurisdictions, state law may require a different notice period despite what your agreement may provide. For example, in California residents living in a property over 1 year, must receive 60 days notice.
Customer: replied 7 months ago.
The garage is rented to someone with a car. No individuals reside there. There is an 8 point agreement that doesn't allow for storage, combustible liquids, more than one vehicle, and does allow for termination of the agreement by either party with a 30 day notification.
Expert:  socallegalwork replied 7 months ago.
In that case, just make sure you follow the notice requirements of your agreement, which it sounds like you have done.
Customer: replied 7 months ago.
Ok. Thank you. I don't want to fInd out they can stay if they pretend not to see the letters that were sent. I sent them a text and asked them to confirm the letters were received and they didn't respond.
Expert:  socallegalwork replied 7 months ago.
That is always a concern. you sent it by certified mail. I would keep the receipt from the post office. You should also make note of the date and time when you sent the notice in case you later have to testify to that in court (worse case scenario). In the meantime, reaching out to the tenant, and in the process attempting to get him to confirm receipt, is always a good idea. You can always communicate with them under the pretext that you want to make sure the transition is smooth, while tacitly getting them to acknowledge receipt. As you get closer to the date, I would consider sending a follow up letter basically reminding them of the deadline to vacate their stuff, advising them of the remaining days, re-confirming in the letter that the original notice was sent on the date it was sent, and advising them to contact you should you have any questions. Good luck to you!
Expert:  socallegalwork replied 7 months ago.
Hopefully I was able to answer your inquiry. If not, please let me know. I want to make sure you have the information you needed. If I did answer your inquiry, please rate me so I know that your question has been answered.

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