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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
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Are there any statutes stating a landlord cannot rent to

Customer Question

Are there any statutes stating a landlord cannot rent to more tenants than there are available parking spaces? I know this is private property so I was not sure but I figured I would ask anyways.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

There is no specific law that prohibits a landlord from renting to more tenants than there are parking spaces. However, if a lease promises a tenant a parking space, then there must be enough spaces to fulfill that promise. That could mean giving assigned spaces to tenants whose lease includes a promise of a space or telling tenants without such a promise that they can't use the lot. However if the lease says something like "parking is available on a first come, first served basis," then no one has a guaranteed spot.

When a tenant needs an accessible space or needs a space near their front door because of a disability, then the Fair Housing Act would require the landlord to provide a space as a reasonable accommodation (although the tenant could be required to pay the costs of creating an accessible space or painting an exiting space to mark it as reserved). Requests for a reasonable accommodation can be made to a landlord in writing, and should include that phrase as well as the noting that the Fair Housing Act requires them to comply with the request.

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