Leased Building - Deliveries Blocked

talerco

Member
Jurisdiction
California
I have a business that leases a commercial/industrial space in a 'strip' type center. I am in the middle of the strip. There is an alley in the back for deliveries and I have a roll up door. I get 2-3 large truck deliveries per week.
Recently tenants at one end who work on motor homes (and a bakery with a large truck) have had vehicles in the alley virtually all the time. I have had trucks just not deliver and also had to have pallets dropped at front door making extra mess and work.
There is a (standard) sign put up long ago by the landlord at the entrance to the alley about not parking there except for immediate deliveries. The motor home business has put a sign right under that telling customers to park in the alley. There is plenty of parking in the complex.
I talked to landlord and he told me I would have to work it out with other tenants.
I talked to other tenants and they are friendly enough but continue to store motorhomes long term and 'load' a truck for hours at a time - blocking the alley even to normal cars. When I have a truck waiting 15 minutes to pick up or deliver while they move their vehicles the truckers will sometimes add a charge or insist on dropping in front.
The lease does have a section about temporary and permanent storage not allowed in common areas.
QUESTION - Can I (after informing landlord of such) withhold some amount of rent for each time this causes more work and/or expense? I'm thinking $200 per incident.
Thanks!
 
I talked to landlord and he told me I would have to work it out with other tenants.

That may not be true. If your lease provided you access to the alley for delivery purposes, it should be up to the landlord to enforce the access.

OTOH there could be an issue with the definitions of "temporary" and "storage."

If this is costing you sufficient money, it would be worth having your lease reviewed by an attorney to see if the landlord is breaching the terms of the lease by not enforcing your access.

QUESTION - Can I (after informing landlord of such) withhold some amount of rent for each time this causes more work and/or expense? I'm thinking $200 per incident.

You can "inform" the landlord of anything you want, but the only thing withholding rent will get you is evicted.
 
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