Issue with my landlord

My sister's boyfriend brought over a waterski and for the time being its in my parking space. When he push it in my parking lot, he accidental scrap an old rusted plastic water pipe and it cracked. We replaced/fixed it back within 1 hr. The landlord now said we cannot put a waterski there.
I Here is my questions:

1) Is there a law (California) that don't allow me to put a waterski in my parking space besides my car?

2) How do I find out if a bathroom is add legally or illegally (besides calling the city hall)?

3) When it rains, my roof leak. I told him already (3-5 mo. ago), he said his talking and bargaining with a roofer. Let say it rain and it leaks again... if he don't fix it do I have the right not to pay rent until he fix it?

I live in california. Thank you in advance.

Typically, your lease will have some statement that the assigned parking space is for the tenant's car, motorcycle, etc. and it may specifically exclude storage of any other items.

As for disputes with your landlord, you should consult an attorney who specializes in this matter before doing something drastic like withholding rent.

As far as I'm aware, withholding rent until a repair is made is a rather severe no-no.
But like asdalton says above, you'll want to check with an attorney who deals with this type of situation before proceeding with *ANY* plan.

jinx626 said:

My sister's boyfriend brought over a waterski and for the time being its in my parking space. When he push it in my parking lot, he accidental scrap an old rusted plastic water pipe and it cracked. We replaced/fixed it back within 1 hr. The landlord now said we cannot put a waterski there.
I Here is my questions:

1) Is there a law (California) that don't allow me to put a waterski in my parking space besides my car?

2) How do I find out if a bathroom is add legally or illegally (besides calling the city hall)?

3) When it rains, my roof leak. I told him already (3-5 mo. ago), he said his talking and bargaining with a roofer. Let say it rain and it leaks again... if he don't fix it do I have the right not to pay rent until he fix it?

I live in california. Thank you in advance.

Click to expand...

Has more to do with your lease terms...parking might be for tenent use and guests...not guest storage...or only for usable cars. Look at your lease.

As for the bathroom perhaps call code enforcement...but in general as long as it does not add square footage to a home it may not need a permit. Might be different state to state.

As for the roof...I think you could move (have grounds to break the lease) as he is not keeping up with repairs...and recover damages you may have as a result of the leak...but in most states you still owe rent if you choose to stay...unless the leak is such that the home is unlivable...in which case you might be able to charge him the cost of moving to a similar home in the same area...anotherwords you could not charge him the cost of moving to Florida for example. Is this a home or apt?

Badbeams3 said:

As for the bathroom perhaps call code enforcement...but in general as long as it does not add square footage to a home it may not need a permit. Might be different state to state.

Click to expand...

Most states require permits for any non-emergency plumbing work that is done. Even if it's emergency work, you're supposed to pull a permit after the work is completed so that it can be inspected. This doesn't apply to things like rebuilding a toilet or faucet or other maintenance work, but it definitely applies when you're adding fixtures. I don't know California law specifically, but I would be very surprised if this is not the case.

All your answers are probably available in your lease agreement. Definitely speak to a lawyer before withholding rent, and make sure all communications with your landlord are in writing. Write down any verbal conversations you have making sure to note the time and date.

Laws may have changed, but here in Oregon, back when I was renting out houses, it would have been perfectly legal for my tenant to tell me there was a problem, and then if I did nothing about it in a reasonable period, to pay an independent contractor to repair the problem and deduct the cost of the repair from the rent they owed me.

How does a plastic pipe rust? :buddies:

Nolo Press is a good source of landord/tenant legal information. Since they are in California, they cover (our) laws very well.

I help take care of a small 4-plex and problem with carports is that it is very difficult to keep people from storing non-operational cars, boxes, paint, thinner, mattresses, etc... Eventually it becomes either a fire hazard or a pain for everyone else (two carport fires in ~30 years--first one, our tenant's fault--the other a next door owner's tenant that took out the car ports for 4 different complexes).

In our leases, I eventually had to add that the vehicle had to be operational, current tags, and insurance. Many times, people would just abandon their old clunker in the designated spot, then take up the "free for all" tenant parking or the limited on street parking out front.

I can see the other side for not wanting to store a boat there. Been there...

-Bill

Somehow I think there is more to this story than is being told, or we're not getting all the info. Allow me to play devil's advocate

1) You scraped an old plastic pipe while parking a water ski and it cracked. Stuff like that happens, but did you notify the landlord, or try and cover it up hoping they won't notice? You said you had it fixed in an hour, so either he came by in that hour or it was obviously repaired poorly. Now I've what some tenants consider repairs, and if their idea of "fixed" is a lot more lenient if it's not their own property. If it was fixed in that short of a time span I'm guessing you didn't pay a professional plumber to have it fixed. If someone had broken the plumbing in your house and did the same 1 hour repair that you did, would you be happy with it? The point is, do you see why he's asking you not to park it there?

2) Why would you want to know whether a bathroom is added illegally? The bathroom was there when you moved in, so what does it matter if it was legal all of a sudden? Or are you just trying to spite the owner because he asked you not to park there after you damaged the property? I'm just wondering if you've thought this through, because I can't imagine it benefiting you in any way. Say it is illegal, and you get an inspector to come check it out to verify. What do you think is going to happen? In the best case is the landlord has to pay a hefty fine, which one way or another is going to come out of the your (the tenants) pocket. Or the landlord is forced to pay a fine and remove the bathroom (meaning you have one less bathroom), or worst case the inspector can find other violations and declare it unlivable (meaning you just lost your place to live). No matter what, landlords are generally a lot weathier than the tenants, so while you may think you're financially hurting them, you're probably screwing yourself over even more.

3) If the roof is leaking and the landlord is not fixing it, then you might have a valid complaint. But I doubt if you can withhold rent unless it's especially severe, and don't plan on trying to sue for any damages. You already know it's leaking, so while the landlord has the responsibility to fix it, you also have the responsibility to minimize damages. Check with the city ordinances, every city is different.

All states and local governments have different laws and codes. Only those that specifically apply to your location have any meaning to you. Your lease, subject to applicable laws and codes, define your rights and responsibilities. Period.

You should consult an attorney who has specific knowledge of real estate rental law.

Any other advice, including mine, from the internet or otherwise, is worth what you pay for it.

After reading your posts again, it seems you're too anxious to get into an adverserial situation -- one where someone ultimately wins and someone else ultimately looses. Even tho you may win a point with the jetski or roof leak, it's pretty much assured you'll loose in the long run. For sure your lease won't be renewed or you'll be evicted at the first minor violation of a lease requirement. Try to talk with the landlord in a reasonable manner, hopefully reaching an agreement where you both win.