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NYFamilyAttorney, Lawyer
Category: Legal
Satisfied Customers: 577
Experience:  Owner, attorney in private practice, licensed for 36 years as a trial and appellate attorney
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I am renting upper section (2fl) of a two family house in

Customer Question

I am renting upper section (2fl) of a two family house in Brooklyn NYC .
There are two parking spaces in back side of the house (backside access small road).
Am I entitled to at least one parking space or not legally. Nothing is mentioned in lease and now living with month to month lease. I am also occupying the basement as well whose only enterence thru parking space/backyard.
Landlord is not allowing me to park in those space as he sometimes rent the parking spaces to third parties on daily/weekly/monthly basis.
So what is my right of parking in backyard space.
Submitted: 5 months ago.
Category: Legal
Expert:  NYFamilyAttorney replied 5 months ago.

Hello. I’m a licensed NY attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you.

This is a tough situation but I have to be honest with you because you deserve an honest answer. If there is no mention of the parking in the lease, then there is no parking that comes with renting the house. You will have to discuss this with the landlord to see if you can rent the space. Perhaps since you live there the landlord will consider adding that to the lease but that is going to be at an extra cost. The lease controls everything, and if it's not in the lease, it doesn't exist -- so there is no right to park unless he changes the lease for you.

Does this answer your question? I am more than happy to answer additional questions based on this one if you want.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. If you need additional information please let me know. Best of luck to you!

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Expert:  NYFamilyAttorney replied 5 months ago.

If you have any more questions let me know but unfortunately the lease is going to control. If there is nothing in the lease about it, then parking does not come with the house. You may want to speak with the landlord about adding that to your lease.

Thanks in advance for rating me! I work hard to give you a thorough, accurate answer at all times.

Best of luck to you!

Expert:  NYFamilyAttorney replied 5 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks and thank you for allowing me to help you.


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