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  1. #1
    Join Date
    Sep 2009
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    3

    Default Lease Violates CC&R's

    My question involves landlord-tenant law in the State of: California.

    I moved into a condo that has an HOA. I have a truck with a 6" lift and it will not fit in the garage. I have to park it in guest parking. Shortly after moving in I got a notice from the HOA that my car will be towed if I continue to park in guest parking. The CC&R's are clear about guest parking.

    I read the lease prior to moving in (and specifically made sure that parking outside the garage is okay) and my lease states that parking is allowed in my garage and guest parking (which clearly violates the CC&R's). Also, the lease states the the landlord must supply a copy of the CC&R's no later than 30 days after we move in. That never happened. Can I legally get out of my lease with no penalty since the lease violates the CC&R's?

    I know the landlord is ultimately responsible to the HOA but I feel this is different because it is my car that will get towed. Any advice is much appreciated.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Lease Violates CC&R's

    You can try negotiating with your landlord. I can't read your lease from here, so I don't know what it says about your use of guest parking as a regular parking space. Care to quote the exact language?

  3. #3
    Join Date
    Sep 2009
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    Default Re: Lease Violates CC&R's

    Quote Quoting Mr. Knowitall
    View Post
    You can try negotiating with your landlord. I can't read your lease from here, so I don't know what it says about your use of guest parking as a regular parking space. Care to quote the exact language?
    Actual language:

    PARKING: (Check A or B):
    A. Parking is permitted as follows: Attached garage and guest parking

    The right to park is not included in the rent charged pursuant to paragraph 3. Parking space(s) are to be used for parking properly licensed and operable motor vehicles, except for trailers, boats campers, buses or trucks (other than pick up trucks). Tenant shall park in assigned space(s) only. Parking spaces are to be kept clean. Vehicles leaking oil, gas or other motor vehicle fluids shall not be parked on the premises. Mechanical work or storage of inoperable motor vehicles is not permitted in parking space(s) or elsewhere on the property.


    B. does not apply. A is the checked option.

  4. #4
    Join Date
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    Default Re: Lease Violates CC&R's

    You have an assigned parking space. It's not guest parking. Your lease says "Tenant shall park in assigned space(s) only". As I read it, you don't seem to have much refuge there.

  5. #5
    Join Date
    Sep 2009
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    3

    Default Re: Lease Violates CC&R's

    Quote Quoting Mr. Knowitall
    View Post
    You have an assigned parking space. It's not guest parking. Your lease says "Tenant shall park in assigned space(s) only". As I read it, you don't seem to have much refuge there.
    So the portion of the lease that says Parking is permitted as follows: Attached garage and guest parking means nothing? That, it would seem to me, permits parking in the guest spots. I appreciate your opinion!

  6. #6
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Lease Violates CC&R's

    Quote Quoting jayds13
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    So the portion of the lease that says Parking is permitted as follows: Attached garage and guest parking means nothing? That, it would seem to me, permits parking in the guest spots. I appreciate your opinion!
    That is the heading...

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