If the tenant does not remove her combustible items stored in the parking space within a reasonable period of time, what legal recourse does the landlord have?

The landlord's recourse depends upon what the rental agreement states. A good residential lease, such as the 2004 PPMA rental agreement, specifically mandates that nothing may be stored in the parking areas other than the
tenant's car:

"Absolutely NO automotive cleaning, washing, maintenance or repair work of any kind and NO storage of any kind shall be permitted in or about the parking space(s)."

If your rental agreement is not clear about storage, you may change the terms of the tenancy by serving a thirty-day "Notice to Change the Terms of Tenancy" under the Civil Code. This legal notice should clearly inform the tenant in writing that, effective thirty days after it is served, the landlord-tenant relationship will be changed to prohibit storage of combustible materials in the parking space. If the objectionable items are not removed after the thirty-day period expires, then you may serve a "three-day notice to cure breach of lease covenant or quit," which is an eviction notice that gives the tenant three days to remove the dangerous things or to surrender possession of the rental unit. If the tenant does neither, then an eviction action can be filed with the court. Note that a change in terms of tenancy oftentimes prompts the tenant to seek a rent reduction at the Rent Board; in this instance, however, the Rent Board may be hard pressed to order a rent reduction when the change being implemented is done for the health and safety of all tenants in the building.

If the storage of the combustible materials poses a fire risk, the landlord may also call the Fire Department and/or the Department of Building Inspection and have herself cited for an illegal use of the rental premises. The City will, if the use is in fact unlawful, issue an abatement order requiring the owner to remove the offending materials. At this juncture, the owner can immediately serve an "illegal use" notice on the tenant. This notice gives the tenant three days to remove the stored items or face eviction.

Owners must always ensure that the parking and storage areas are being used correctly. There should be proper ventilation and required fire, life and safety mechanisms in place at all times. Make sure that the lease agreement allows you the flexibility to enforce rules that are necessary to protect the safety of all residents in the building. Lastly, do not hesitate to contact an attorney if you believe that a tenant is using the unit or any part of the building in an improper or unsafe manner.

DW