Shared property can cause problems

Shared property is something that often comes up as a point of friction at some point in our lives.

Many of us probably can remember an argument with a sibling caused by a shared toy or something similar while growing up and, much as we might expect people to be more mature about things as we and they age, that’s often not how it works – in many cases, people don’t grow up, they just grow older.

Stuart Doblin says he has a tenant who has been living in his garage who first caused tension with his wife, then stopped paying rent.

Landlords can typically end month-to-month tenancies with a 30-day notice if the tenant has been staying on their property for less than a year or with 60-day notice if they have been staying over a year. They can also issue a three-day notice to pay rent or quit

According to the state of California’s courts website, landlords should be very specific when issuing such notices. They need to be in writing, include the full name of any tenants, include the address of the property and, for a notice to pay rent, must include the amount owed, which cannot go back more than one year, even if the tenant owes for a longer period of time.

A pay rent or quit notice must also include the dates the overdue rent is for, say the days and times the rent can be paid and, if the tenant can pay by mail, give the address the tenant should send the money to.

If the tenant complies with the terms of the notice to pay rent or quit notice, the tenant can’t be evicted. If the tenant moves out within the time limits of either notice – and it’s important to remember three-day notices don’t include weekends or holidays – then nothing happens.

But if the tenant stays and doesn’t comply, the landlord can file an unlawful detainer. The tenant still gets time to respond, and if the tenant wants to put up a fight, the eviction can go to trial.

Doblin said he did all of this, and his tenant chose to fight the eviction based on the fact that Doblin is not technically the homeowner – the home is owned by his mother’s estate. While frustrating, there is nothing a landlord can do until the tenant acquiesces or the court orders the tenant to move out.

At that point, the Sheriff’s Department can come and remove the tenant from the property, but until then, the landlord can’t remove personal property, change the locks or do, really, anything else.

In another situation, John Plechner says he’s been having a feud with a neighbor over a driveway easement – a problem that may be familiar to many Fallbrook residents, as the area has many homes on larger lots with shared driveways. Plechner’s neighbors, he says, leave their trash cans in a narrow section of the driveway that increases the possibility of a head-on collision. It might sound minor, but a continued inconvenience that another party won’t address, with possibly dangerous consequences, is definitely something that can erupt and become a much better issue than it would be if neighbors would simply respect each other.

Indeed, Plechner says the problem has grown into a fight that even resulted in police being called and a restraining order being filed.

Easements are just contracts to use someone else’s property for passage. Utility companies frequently have easements for lines that run under property. They have access, but they don’t own the land. A driveway easement works the same way – someone owns both sides of the driveway, but because it’s shared and required to access either property, both parties have access.

Easements are legally enforceable, and if one party is blocking access, law enforcement can be called to intervene. If damage is done to the shared driveway, someone could even be charged. However, if it doesn’t rise to that level, unfortunately, there’s not much one can do but call the sheriff’s department or sue.

Will Fritz can be reached by email at [email protected].