Does my landlord have the right to use the back garage on the property rent, if it was not stipulated in the lease agreement?

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Does my landlord have the right to use the back garage on the property rent, if it was not stipulated in the lease agreement?

I rent a house where the owners have retained use of the rear garage. The use of the garage was not mentioned in the one-year lease that we renewed 6 months ago. My lease agreement is for the “premises at 6436”. The only part of the lease that acknowledges the rear garage states, “Tenant agrees that owner will provide written or verbal 24 hour notice that owner needs to enter the premises to pick up things from back storage.” The owners promised to clear out the garage 6 months ago and have only now done it.They want to offer us use of the garage for an additional charge on the rent.

Asked on May 4, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

From what you have written with respect to your new lease, you rent the entirety of the premises at "6436" which would include the garage as part of your monthly rent.

From what you have written, you have the entire premises at "6436" including the garage and your landlord does not have the contractual right to use the garage at that location any more during the period of your lease.

 


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