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Tenant garage use not included in lease- detailed - Landlord Forum thread 175544

Tenant garage use not included in lease- detailed by Daniel (CA) on March 20, 2009 @16:35

                              
A tenant started having a cat. So I checked her lease and could not find that they are permitted to do so. Then I also found out that the lease does NOT include parking/ garage. So in response to the cat I immediately sent out a Violation notice ( from the forms here ) for the 2 items.

    1. Paragraph 8 of your lease prohibits you from having any pets in your unit. Please conform to the lease agreement. Please provide a copy of your lease to verify or dispute such information.

    2. Paragraph 9 of your lease specifically states that you are not entitled to a parking space. Please provide documentation and provide a copy of your lease to verify or dispute such information.

So far this is the answer that I got.


    (-) Several tenents here at some St. have cats and other pets which were allowed by the landlord. More tenents have pets here thsn don't, and female tenant thought, especially being building manager she could too. If it becomes necessary to "get rid of the cat," she will.

    (-) Regardless of the apartment "Lease"-- Santa Monica City Hall Rent Control Board determined way back--the papers Anita is sending you--that garages are to be distributed according to "seniority and need." Anita rented the apartment without one but after a while became eligible according to Santa Monica City Hall and was given one legally by the Rent Control Board. Hence. the alleged infraction is not so. She has the garage legally entitled according to the city of Santa Monicalaws.

Bare in mind that this is Santa Monica where they have the toughest rent control. I am more concerned about the garage aspect of this situation; because of the logic. I am tempted to challange this only because of the obsurdity of the common sense.

Also I have heard that when parking was not part of the original lease then I can increase the parking fee irregardless of rent control laws because rent control only applies to the actual unit and the ammenities that came with the leased place...

Tenant has been boot legging the garage space and is finally caught!
This tenant pays $600 for a $1700 market rate apartment.

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Re: Tenant garage use not included in lease- detailed by Auburn Rose (Maryland) on March 22, 2009 @16:42 [ Reply ]
If you have no concerns about the cat...
then the question comes down to the garage:
did you go to court over this? Did the rent control board issue this to you directly? It's important we clarify where you are getting your information. As a landlord, you have a right to take this to court (even if you are living in the People's Republic of Santa Monica)
The more important question, to me, is:
Can you get rid of this tenant? Can you get a better tenant?

Hope this helps!
Mark Rosenfeld
Auburn Rose Property Services
Mjrhope@live.com


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