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Can a tenant use a common area for personal storage?

Can a tenant use a common area for personal storage?

Q: Can a landlord walk around the property without notice?

In Indiana, landlords generally must provide reasonable notice before entering a tenant's rental unit, typically 24 hours. However, they can enter without notice in emergencies. For common areas, landlords have more flexibility but should still respect tenants' rights to privacy and enjoyment of the property.

Q: What is the agreement that creates the landlord tenant relationship called?

The agreement that creates the landlord-tenant relationship is called a lease. This legal document outlines the terms of the rental agreement, including rent, duration, and responsibilities of both parties. It serves as a binding contract that protects the rights of both the landlord and the tenant.

Q: What is a common area in a lease?

A common area in a lease refers to shared spaces within a rental property that are accessible to all tenants. This can include hallways, lobbies, laundry rooms, and outdoor spaces. The lease may specify rules regarding the use and maintenance of these areas to ensure they remain available and enjoyable for all residents.

Q: What are examples of common areas?

Examples of common areas include swimming pools, fitness centers, parking lots, gardens, and community rooms. These spaces are typically maintained by the property owner or management and are available for use by all tenants. Specific rules governing their use may be outlined in the lease or community bylaws.

Full question:

We have a common area where a tenant, who is a renter, has set up a large tent and a travel trailer. He was given permission, by a former President of the association, that he could have access to it. He is on an end unit and is our handyman around the units. He stores a vintage corvette, a Motorcycle, some tools, and a Lawnmower for cutting our grass. I have several complaints about the appearance and the accessibility for other tenants to this area. Can he keep this area for his own use? What actions can I take to keep the peace around here?

Category: Landlord Tenant
Date: 04/07/2025
State: National

Answer:

The rights regarding the use of common areas depend on the community's bylaws. These bylaws may outline permitted uses or restrictions for common areas and provide procedures for resolving disputes. A permissive use granted by a former association president does not typically convey permanent rights to use that space.

If the tenant's use of the common area is causing complaints regarding appearance and accessibility, you may want to review the association's bylaws. If they allow the board to regulate common area usage, you can bring this issue to the board's attention. You can also participate in board meetings to voice concerns and seek a resolution.

Alabama law requires annual meetings for the association, and special meetings can be called by the president or a majority of the board, or by unit owners with at least twenty percent of the votes (Ala. Code § 35-8A-308). This may be a good opportunity to discuss the situation and consider any necessary changes to the bylaws or rules regarding common area usage.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is considered landlord harassment in Indiana?

Landlord harassment in Indiana refers to actions by a landlord intended to intimidate or interfere with a tenant's right to enjoy their rental property. This can include excessive or unwarranted visits, threats of eviction without cause, or failure to make necessary repairs. If a tenant feels harassed, they may document incidents and seek legal advice to understand their rights and options.

Can a landlord walk around the property without notice?

What are the rules for common area?

Rules for common areas typically depend on the community's bylaws or governing documents. These rules may dictate how common areas can be used, who can access them, and any restrictions on personal storage or modifications. It's essential for tenants and landlords to review these documents to understand their rights and responsibilities regarding common areas.