Q: Can we legally challenge our landlord's short-notice garage conversion, and how can we negotiate to delay the project?
We rent an apartment with an attached garage at Alborada Apartments. The property manager gave us short notice (<6 days) that they're converting our garage into an ADU in a few days. We question the legality and appropriateness of this notice, as we never received prior communication. The garage is essential for our lifestyle, storing our car, belongings, and home gym. We're concerned about noise during construction and our right to quiet enjoyment. We recently decided to renew our lease but now plan to move out in 8 months due to this situation. We're seeking advice on negotiating a delay in the project until we move out and understanding our rights in this situation.
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- California
- (916) 704-3009
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- Answered
A:
You have valid concerns about the short notice your landlord provided for the garage conversion. Under California law, landlords must give tenants "reasonable notice" for major changes like this, especially if it affects your use of the property. Six days' notice may not meet the legal standard, particularly when it involves significant alterations to the leased premises that could disrupt your quiet enjoyment, a right protected under California Civil Code § 1927.
You can challenge the landlord's actions by first reviewing your lease agreement to see if it mentions any potential conversions or changes to the garage. If it doesn't, and you received no prior communication, you may have grounds to request a delay or negotiate a solution that minimizes disruption. Start by sending a formal written request to the property manager, outlining your concerns about the short notice, the impact on your lifestyle, and your intention to discuss an alternative timeline that aligns with your planned move-out date.
If your landlord is uncooperative, you may consider contacting a local tenants' rights organization or seeking legal advice to explore your options. In your negotiation, emphasize the importance of maintaining a peaceful living environment and your willingness to find a mutually agreeable solution.
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