What are my rights as tenant regarding parking my business vehicles?

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What are my rights as tenant regarding parking my business vehicles?

I have a business and told the new landlord I have vehicles with graphics and I need to park them in the driveway or in front of the house; they regular commercial not oversized van and truck. He was well aware of me running my business out of the home, it is a cleaning business, we go to customers, they don’t come to us, he agreed to it and we moved it. I did not know until the week of moving in that it has HOA and since he was well aware of our situation I did not ask questions, he never provided me with the CC&Rs. Now he receives complaints and I just moved in. He just provided the CC&Rs by email which indicates you are not allowed to run, park or have any type of business out of the house.

Asked on December 16, 2011 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to answer your question is for you to carefully read your written lease with the landlord in that it sets forth the terms and conditions of the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If there are restrictions as to running a business out of the rental that you now have, the landlord should have disclosed this fact to you in that under the recorded covenants,, conditions & restrictions on his property, he is presumed to have known of the restrictions that now apply to you.

If you cannot run your business out of your rental, you should be entitled to rescind (cancel) your lease due to your landlord's failure to disclose the restrictions to you before you signed the lease. I recommend that you consult with a landlord tenant attorney for any further questions that you may have.


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