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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16191
Experience:  7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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When we moved in to our apartment in March or downstairs neighbor

Resolved Question:

When we moved in to our apartment in March or downstairs neighbor and landlord did not have a dog. Her daughters dog stays with her now because they had a baby and the dog jumps up on people. To get to our off street parking spots we go through a gate. The gate is not properly set so the dogs (the neighbors' dog gets let into the yard to play) when left unattended can open the gate. My landlord put a bungee cord on the gate which she then told us to put on every time we come in or out of the gate. this doesn't bother her because she uses the garage. The other evening a friend left and didn't put the bungee back on. I awoke to a text message saying "if it's too much an an inconvenience for you you can park on the street." To park on the street I'd need a $50 parking pass and the two parking spots are included in our $1000 rent. What can I do about having her hassle me about this bungee? I feel like my parking space is being threatened, since parking is part of our lease does this void our lease?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. The issue with the dog and the responsibility to keep it from getting out, is up to the owner. As a tenant, you have a right to the use and enjoyment of the subject property. This dog was not there when you took possession nor were you made aware that a condition to the lease was making sure the dog did not get out, by having to secure the bungee cord. While I understand the owner wants to let the dog out, it is there responsibility to make sure it stayed within the gate. Of course, you will do your best to make sure the dog does not get out but situations like the one where you had company over, do occur. If parking is part of your lease, you would have no obligation to pay $50 for a parking pass and it would be the owner of the dog who would have to make accommodations to make sure it does not get out. The owner could always walk the dog on the leash or stay out there with the dog, instead of leaving it unattended. If the landlord took away your ability to park on the property, they could be in violation of the lease agreement and you could always ask them to deduct the cost to park on the street, from the rent, if they are so concerned.

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Customer: replied 1 year ago.
When looking online I can find a standard deduction for days not in the apartment but nothing about parking. How much is a typical slab parking spot worth?
Expert:  RealEstateAnswer replied 1 year ago.
That is much harder to determine, which is why I suggest using as a deduction $50, since that is what the cost would be if you had to pay for a spot. Of course, parking on the slab makes it easier, so for the convenience you could always suggest an amount higher, if you wanted to, when making the proposal. As such, you may ask for a deduction of $75-$100 since you now would have to drive around and find a spot, instead of just pulling in.
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 16191
Experience: 7+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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