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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 32354
Experience:  Began practicing law in 1992
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I'm a tenant in a shopping center that has private parking,

Customer Question

I'm a tenant in a shopping center that has private parking, which we pay for fees to maintain it as a private lot not a public use lot. Our landlord has stated on several occasions he would mark the parking lot to better identify that it is a private parking lot. He has not done anything he had stated to insure we have parking for our customers and has now stated (in a certified letter) we can not speak to people in the parking lot to tell them it is for customers only. Does he have the legal right to tell us we can not speak to people and is he obliged to follow through with putting up proper signage.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only 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 expert on this site. By continuing, you confirm that you understand and agree to these terms.

Does he have the legal right to tell us we can not speak to people

There is nothing in the law that says he does not have the right to tell you that. You can argue that his telling you that essentially nullifies the part of the contract that gives you private parking since you aren't allowed to tell people to leave so you can argue he would be in breach of contract.

is he obliged to follow through with putting up proper signage.

He is only obliged to do what is in the contract. If it doesn't state he will provide signage then he wouldn't be required to. However, you could use this as another example of an action/omission of his that effectively negates the private parking part of the contract thus making him in breach of contract and subject to damages.

You could, possibly, argue that he made an oral amendment to the contract when he stated that he would put up signs but most commercial contracts have a section that state no oral amendments are allowed, that any changes must be done in writing or they are not enforceable.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 4 months ago.
I really wanted to know if our landlord has any grounds to threaten our lease if we speak to people in the parking lot? Don't we have freedom of speech?
Expert:  Dwayne B. replied 4 months ago.

Freedom of speech is really protections against the government restricting your right to speak, not an individual or a business. So they can threaten it and you couldn't overcome it by arguing freedom of speech you would have to make some other kind of argument, such as it actually being a breach of contract as I described above.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

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