Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 10 years ago,

Account Closed
  • Banker
  • Los Angeles, CA
0
Votes |
26
Posts

Rights for tenants at will

Account Closed
  • Banker
  • Los Angeles, CA
Posted

Hey BP,

I've got a couple questions regarding tenancy-at-will. A friend of mine lives at home with her family and rather than paying rent, her father (a house painter by profession) paints for several of the landlord's units once or twice a week to make up for the rent. As I understand it, this is a tenancy-at-will.

However, a situation has come up which has concerned her family about their rights as tenants. One of their neighbor's parking spaces sits next to a broken sprinkler that is spraying water onto their car, dirtying it up or perhaps "damaging it" according to the neighbor. This neighbor has decided that he would like to have my friend's parking spot instead.

The landlord is okay with this idea and has mandated that my friend switch parking spots with the neighbor. However, I must concede my friend's point that rather than ruin her personal property instead of this neighbor (who, according to the landlord, "pays a lot of money for rent," which is a poor excuse as he probably saves a lot of money getting free paint jobs on the fly from her father) should instead fix the sprinkler out of his operating budget.

This is for a 13-unit building and my friend and her family have been designated as managers who need to make these sorts of adjustments for the other tenants. As this is a tenancy at will, there is no contract that states they are managers, and whether there was ever an oral agreement or not, her family has never been designated any managerial duties from the onset of their tenancy. They simply inhabit the dwelling as any other tenant. The landlord also countered with a threat by stating that he isn't obligated to give them any parking space at all.

My questions are the following: given their tenancy status, do they have equal rights to stand their ground and not feel obligated to swap spaces with this other tenant? Is a property owner obligated to provide at least one parking space to every tenant in this type of multi-family setup, given that there actually are enough spaces for each unit, or is he able to play favorites and provide two or even three spaces to one unit when there exist enough to cover each individual unit? Lastly, is the landlord even legally justified to inconvenience tenants under a tenancy-at-will arrangement and force them to ruin their vehicle against their desires just to please another tenant who pays rent, since realistically he should repair the sprinkler system?

Loading replies...