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This question concerns CA Tenant Law. Am I speaking to an…

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Hello This question concerns CA Tenant Law

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Am I speaking to an actual person yet

Lawyer's Assistant: Has anything been filed or reported?

I have received a "LEASE VIOLATION" notice for garage storage and I would like to know what options if any, I may have if any.

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Answered in 5 minutes by:
11/16/2017
Roy Hadavi
Category: Landlord-Tenant
Satisfied Customers: 1,382
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed California attorney. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

I have reviewed the information you provided. What is your question?

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Customer reply replied 8 months ago
I am using voice to text forgive me if anything comes up A bit off
Customer reply replied 8 months ago
I would basically just like to know if I have the legal right to request additional time I was served The notice for the lease violation on the 11th and I am only giving until the 28th to clear out an entire two car garage of personal items

No problem. Take your time.

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Customer reply replied 7 months ago
Hi Mr. Hadavi? I never received your response. -Help
legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
Verified

Hello; did you still need assistance on the above?

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Customer reply replied 7 months ago
I never received an answer…

Yes, I see your prior contributor opted out.

Would this be in regards ***** ***** self storage unit, a residential garage or a business garage?

They each have different rules.

Also does the lease state how much notice must be given or is it silent as to that?
lastly is the lease monthly?

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Customer reply replied 7 months ago
Hi there,
-This is a residential garage.
-Lease doesn’t say how much advance notice.
-The Lease is month to month.

Thank you;

the landlord tenant residential act is typically construed to apply to apartments, condos, single family homes, etc (as opposed to storage units which have their own separate act, or commercial leases) and it is uncertain whether it would apply to a residential garage lease when the living unit is not included.

However, normally if there is not an act that specifically addresses the issue, the court will look to a closely related act for guidance.

In such cases, it would be the residential landlord tenant act presumably.

This requires that the landlord provide one month's notice on a monthly lease; if there is not a written lease desigating the period of the lease (ie weekly, monthly) the court will look to see how often rent is paid.

Please see:

http://www.dca.ca.gov/publications/landlordbook/before-rent.shtml

The self storage act specifically states it does not apply to residential garages:

21701.

For the purposes of this chapter, the following terms shall have the following meanings:

(a) “Self-service storage facility” means real property designed and used for the purpose of renting or leasing individual storage space to occupants who are to have access to the space for the purpose of storing and removing personal property or for storing individual storage containers provided to occupants who have exclusive use of the container for the purpose of storing and removing personal property, whether or not the individual storage containers are transported pursuant to Section 21701.1. Self-service storage facility does not include a garage or other storage area in a private residence.

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB1108

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Customer reply replied 7 months ago
I appreciate the info.
I am only seeking at this time, to determine whether or not I am able to request an extension. This is a residential lease and I was given less than 30 days notice. The lease makes no mention of the time frame, only that it is a lease violation. One of the 60+ pages that I signed without even glancing :)

Yes, for residential leases the court will require the landlord to show proof that the minimum time period was provided; so for monthly leases, that would be a 30 day notice to vacate.

Basically if a landlord files an action prior to the 30 days without givin gproper ntoice, the tenant would be able to raise that as an affirmative defense and typically that would result in the case being dismissed until the proper 30 days notice was given.

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So it is not really an extension per se, but an affirmative defense.

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Customer reply replied 7 months ago
Great, and you know this is for a garage? My garage space?

Yes, you mentioned it was residential and I addressed the residential landlord act and the storage unit act and how the storage unit act did not apply to residential garages.

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Customer reply replied 7 months ago
the agreement I signed doesn’t mention 30 days in regards ***** ***** garage storage
Customer reply replied 7 months ago
I just want to be 100% when I email them today requesting a full 30 days.

There is not a requirement for the lease to mention that; that is a default presumption for 30 day leases; that assumes the court applies the landlord tenancy residential act, but if there is not an act (and there is not a residential garage act) the court will look to the closest comparable act for guidance.

So in sum it is impossible to be 100% sure but since the storage act specifically states it does not apply to residential garages that increases the probability of the court applying the landlord/tenant act.

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Customer reply replied 7 months ago
Thank you so much

You are most welcome!

legalgems
legalgems, attorney
Category: Landlord-Tenant
Satisfied Customers: 13,597
Experience: Just Answer consultant at Self employed
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legalgems and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 7 months ago
I don’t plan on taking this to court. I just want to know I have solid grounds to request more time. Thanks again!
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