Q: Is it legal for a landlord to restrict use of a common area like a garage if none of the other tenants are complaing?
My friend is one of 3 tenants renting a room and the landlord said the little shack/garage in the back can't be used for working on his motorcycle and that he is not allowed to have anyone work on motorcycles in the back yard either. The landlord said my friend is taking up too much room and the shack is supposed to be common storage for all tenats. None of the tenats have complained or want to keep anything back there. My friend has always been working back there and the landlord had no problems until he saw me in the back also working on my mptprcycle with my friend. Is this legal for the landlord to make this restriction if not written in the lease? is it legal to put that in a lease in California?
A:
Short answer: Yes. The LL owns the property and has the absolute right to determine how it is being used. If he decides he does not want the motorcycle worked on, at the property, he has the right to determine that and to put it in a lease. LL are only restricted from imposing lease conditions that would be a discrimination in violation of the Civil Rights and Housing laws. "Working on a Motorcycle" is not a protected category. If you or your friend do not like the terms of the lease, you don't have to rent the place.
Read the lease to determine what restrictions there are on the use of the common area. A LL can impose additional terms when a situation comes up that was not anticipated at the time of the lease, it doesn't have to always be put in the lease. Be careful, the next thing you will see is a 3 day notice to quit for violating the rental agreement.
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