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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33803
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have a five year lease for warehouse/mfg space.(welding

Customer Question

I have a five year lease for warehouse/mfg space.(welding and fab shop) El Dorado county, California. I have been in the building for 1 year and two months. My landlord complained to my employees 1-2 times to move the items in the parking lot over night. ie.. pallets, 12 foot piece of iron and a fish tank that is stored in our space under awning. On 11/10/16 he hand delivered a letter to one of my employee stating he was charging $400 for renting the parking lot space and if I didn't pay the it by 11/15/16 I would receive an eviction notice. After speaking to him personally, he said he would not charge me the additional rent but I would promise not to use the parking lot to store Items or he would charge me $800 rental fee for use of the parking lot. (He is also renting our spaces in the parking lot to another tenant, without any notice to us). (I Disagreed with the fee agreement and the items were moved immediately that day) I know he can evict me, but does he have the right to charge me additional rent, not specified in the original lease. (He said he rather have the space empty than to rent to us) If I had the means I would let him evict us and move but I don't. 11/15/16, email from landlord asking for $200 additional rent by 11/25 or he's evicting me...What are my rights?
Submitted: 24 days ago.
Category: Real Estate Law
Expert:  Barrister replied 24 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone whocan. There may be a slight delay in myresponses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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When you signed the lease, did it specify the use of the parking lot came with the building?

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Or was the lease silent about the parking lot?

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Does your lease just specify a particular address like*****

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thanks

Barrister

Customer: replied 24 days ago.
In review of the original lease states the exterior of the building is to be used for tenant, customer parking and
loading and unloading zones as designated and not to be used as storage. The items were not stored but there a short period of time and moved when he notice me the owner. common area is not to be used for anything other than parking. We have a welding and fabrication shop there's going to the items out there during the day on occasion, we told him this when we moved in here. The address is specified on the lease.
Customer: replied 24 days ago.
Believe I just answered my own question? If I don't pay it he will evict me, I have no choice. seredbELIEBELIEI BELIEthink I
Expert:  Barrister replied 24 days ago.

Ok, then they can ding you for a lease violation, but if there is no mention of any type of fine, then they can't just arbitrarily come up with a number for that. The lease controls and if it doesn't specify a fine, he can't charge one...period..

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So he can give you a 3 day notice to correct any violation and if it happens again, he can evict. But that is it. I don't think that he could give you a 3 day unconditional notice to vacate under CA Civil Code 1161(4) because storing the things outside for such a brief time probably wouldnt' be considered a "nuisance" under the law.

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thanks

Barrister

Customer: replied 24 days ago.
Thank you for the answer, it was helpful...I will pay the fine this time and advise I'm not agreeable with the action and specify why. I don't want to get evicted now...
Expert:  Barrister replied 24 days ago.

Honestly, that is probably your best course of action, even though I think you could fight it. But sometimes you can win the battle and lose the war...

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And you are very welcome. Happy to help.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Expert:  Barrister replied 24 days ago.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks much

Barrister

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