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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You may have grounds to challenge the short notice given for the garage conversion. In California, landlords are typically required to provide adequate notice for significant changes that affect your rental space, especially if it impacts your use and enjoyment of the property. The garage being a critical part of your lifestyle and storage means that this conversion could be seen as a substantial alteration to your lease agreement.
To negotiate a delay, you could start by discussing your concerns directly with the property manager, emphasizing how the conversion disrupts your daily life and quiet enjoyment of the property. Point out that the notice was insufficient and request a postponement until after you move out, or at least until a more reasonable arrangement can be made. Document all communications in writing for your records.
Understanding your rights is crucial, so reviewing your lease agreement and California tenant laws can provide further guidance. If the landlord doesn't cooperate, you might consider exploring formal options, such as filing a complaint with local housing authorities or seeking legal advice to ensure your rights are protected.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
