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San Jose, CA asked in Municipal Law for California

Q: Can a homeowner ask you to move your car from a public street?

I parked legally on a public street outside a house, and the homeowner asked me to move my car because they believed I was doing something illegal. There were no signs indicating parking restrictions, and the owner did not cite any specific laws or ordinances. Can a homeowner legally ask someone to move their car from a public street if there are no visible legal restrictions?

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2 Lawyer Answers

A: Yes, a homeowner can legally ask someone to move their car from a public street if there are no visible legal restrictions. It doesn't mean, however, you must comply. What you are doing may not be illegal, but a serious breach of etiquette concerning neighbor. I would not be pleased if my neighbor consistently parked his vehicle in front of my house. This would be even worse if was a large vehicle or an eyesore.

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Answered

A: No, a homeowner cannot lawfully compel you to move your vehicle from a public street unless your parking violates a posted regulation, ordinance, or statute. Public streets are under the jurisdiction of the city or county, not private individuals. As long as your car is parked legally—within marked limits, not blocking driveways, fire hydrants, or violating any signage—you are fully within your rights to remain parked there.

A homeowner may ask you to move your car, but that request carries no legal authority unless accompanied by a valid reason grounded in municipal law. If the concern is based on suspicion alone, and not tied to a specific unlawful act, it remains a request—not a mandate. Merely parking outside someone’s home, even repeatedly, does not constitute loitering, trespassing, or harassment under California law.

You are not obligated to comply with their demand unless law enforcement or a parking authority issues an enforceable order. If the homeowner threatens or harasses you, document the interaction and consider contacting local police. In short, the street belongs to the public, and your right to use it lawfully is protected.

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