California Apartment Association

Legal Q&A: Tenant suspected of using garage as bedroom

Question: We rent garages out to our residents. One of the residents moved a bed and some furniture in the garage, and we believe someone is sleeping there. What can we do to make sure we do not have any issues with the use of the garage as a bedroom?

Answer: If you have a separate month-to-month agreement for the garage, you can choose to terminate the garage rental with a 30-day notice, or you can serve a notice to perform conditions or quit if the garage was to be used for storage purposes only. This could be more difficult to prove in court. If the garage rental is part of the tenant’s residential lease, then you can serve a notice to perform conditions and/or covenants or quit, requiring them to stop using the garage for residential purposes. If they fail to comply, you would need to prove that they were in fact using the garage for an unauthorized purpose. The use of the garage as living quarters would also violate local and state laws, which could also be used as grounds for eviction.

Question: A resident at my property was taken to the hospital and passed away. Since the lease requires a 30-day notice, what is the law as far as reimbursement of the deposit?

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