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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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We rent a space in a locked garage as a part of our lease,

Customer Question

We rent a space in a locked garage as a part of our lease, but it is frequently occupied by other cars. The concierge has no power to provide towing information and the police will take no action unless the cars are stolen. Does the management company have an obligation to tow or post towing signs? What legal action can we take?
Submitted: 3 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 3 years ago.
Thank you for your question. Please permit me to assist you with your concerns.

That is a good question. Do you have specific 'assigned' or 'deeded' parking spots?
Customer: replied 3 years ago.

We have assigned parking spots with numbers. I have an email from the leasing office assigning our specific cars to the spot.

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up, Amy.

That helps tremendously! In this situation you have an express agreement for a specific lease of a space. If that space is unavailable to you, the other party is in breach of contract terms, and permits you the right to sue for damages and for specific performance. That also means that the party from whom you are renting the spot has a duty and an obligation to keep that spot empty for you since that spot is 'yours' when you are leasing it. If that requires towing, so be it--if that requires a name tag, likewise so be it. But this is a situation where the burden is on them to ensure that the premises are available for your use whenever and how the contract is written--if you have 24/7 right to spot, that spot has to be clear that whole time. I would suggest you send them a letter stating that if they do not keep that space clear for you, you will consider them in breach and file for damages, and suggest that a name-plate or other designation showing that the spot is taken is likely the easiest and cheapest solution.

Good luck.

Customer: replied 3 years ago.

I will do that, thank you. Are my landlords obligated to display towing information in Connecticut for private/leased parking property?

Expert:  Dimitry K., Esq. replied 3 years ago.

Thank you for your follow-up, Amy. You are most welcome.

Landlords are not legally required to display towing information on the premises. However, if they DO tow, they must provide notice and information both to the location and personal information of the company, and the company rates. If the landlord is towing but does not have signs up, that is a violation of state law.

Good luck.