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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
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So I live in a townhome in Seattle. There are a total of three

Resolved Question:

So I live in a townhome in Seattle. There are a total of three on the property. All are owned by same people. Two of the townhomes are leased to tenants. The third home is the actual landlord. There is a shared driveway that leads into a common parking area in the middle of all the homes. The landlord told us it was fine to park in the shared driveway when we moved in. The driveway is extremely small and narrow and it turns out not everyone can fit. Cars cannot even fit into garages due to the layout and design. The lease contract does not mention allowing or prohibiting parking in the shared space. The other tenant and I have had a mutual agreement to park in the driveway if no parking on the public street is available. Recently, the landlord's motorcycle was unable to get in the driveway since a car was blocking. There are no "no parking" signs and not listed on lease. Landlord threatened to tow if we continued to park there. Can the landlord do this?
Submitted: 4 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 4 years ago.
Thank you for your question.

As a driveway space is considered "private property", or in your situation, a "common area", this common area can be supervised and modified by the landlord as his request. That is because a common area does not actively belong to anyone but the landlord, and is supposed to be shared and used by all. If one of the tenant's (who happens to be the landlord) vehicles were unable to get in, he is within his power to compel that the space be kept clear so that all tenants are able to use the road.

Hope that helps and good luck.

Edited by Dimitry Alexander Kaplun on 2/1/2010 at 1:49 AM EST
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37100
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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