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Ask Dave Kennett Your Own Question

Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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ive lived and used the same parking space given for

Customer Question

i''ve lived and used the same parking space given for 4years, but suddenly the management rearranged the parking space to better accommodate the new tenants. so i ended up in a space where it is very difficult to get in and out of the apartment complex. so i just wanted to know if what management is doing is the right thing or if there is a way to fight this. also we''ve received a letter of eviction threat, because we are not abiding by the managements unfair treatment. our complex only has 8 spaces with 10 tenants, so they can''t provide spaces for everyone so they shouldn''t suddenly assign new parking spaces to the new tenants
Submitted: 6 years ago.
Category: Legal
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- You would have to read your lease to see if there are any provisions for parking mentioned. If you are guaranteed a spot then the landlord would be in violation of the lease to change your place during the term of your lease. If the lease simply says you have the right to park in the lot and doesn't mention a guaranteed spot then management could impose restrictions or assign spaces.

If there is nothing mentioned as to parking then it would be on a first come, first serve basis. I agree it is unfair but this is why leases are so important and should cover all aspects of the rental.

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
Dave Kennett and 5 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your advice. i also forgot to mention is that my mother is on disability so doesn't the landlord have to provide a space that is easily accessible? also i've looked over my contract and it states that i am permitted a parking space, but it does not specify as to where and the space we were given when we moved in was by landlord himself and we've used that space for four years now. can the landlord just add new parking assignments in the contract? also the landlord have just raised the rent for us and not to all the tenants. also the landlord has given the eviction threat letter to only us and not the other tenants who are clearly not parking in their assigned spaces. i would be much appreciated if you could give me an answer also more on the real estate law to understand more of my situation. thank you
Expert:  Dave Kennett replied 6 years ago.

There are many more issues here than just parking spaces. First, the landlord can only raise the rent at the expiration of the lease and there is no requirement that everyone pay the same amount. It seems apparent that there is a problem between you and the landlord and that maybe the landlord is attempting to make it difficult for you.

Unless there is discrimination because of race, religion or some other protected area there's not much you can do. If you local city has an ordinance that requires handicapped parking you might be able force the landlord to provide you a special place but you would need a handicapped parking sticker to enforce that.

The fact that your lease provides for a space to park is good in that you at least are guaranteed of a place, albeit not always the one you want. Your rights are basically what is in your lease. The landlord cannot change the terms of your lease until it expires however at that time he can raise rents, change parking rules etc. What he does with the other tenants is irrelevant unless it impedes upon your right to your unit.

Dave Kennett

 

Customer: replied 6 years ago.
Reply to Dave Kennett's Post: i have a friend who is in the general contractor it seemed he has a dispute with a client over 2 years in CA and wanted to know if you deal in this field?
If you could, i would like to introduce this web-site to him.
Thanks for your answer, very helpful !!
Expert:  Dave Kennett replied 6 years ago.
Tell your friend that everyone is welcome to use our site. Thank you for using it and I'm glad I was helpful. - Have a Happy New Year - Dave Kennett

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Dave Kennett
Dave Kennett
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25 years experience in general law, including real estate, criminal, traffic, and domestic relations