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Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 5212
Experience:  Licensed to practice before state and federal court
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My lease says I may not repair cars on site. May I change

Customer Question

My lease says I may not repair cars on site. May I change the tires or change the oil as these are not technically repairs?
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

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Customer: replied 1 month ago.
Expert:  Legal Eagle replied 1 month ago.

Thank you for your patience. This is a bit of a gray area, but there is likely a good way out of this. Generally, repair is different than maintenance. Repairs typically mean that you are replacing or fixing broken parts on your vehicle that were otherwise working properly before. Maintenance is routine activity on your vehicle to help maintain its current performance. A judge would likely look to the intent of the parties when contracting to determine if changing the tires and oil would be considered a “repair” or “maintenance.” In my legal opinion, the intent of the parties were to ensure that people working on their vehicles would not take up more space than needed. Additionally, because car repairs can be messy and unsightly, it was also the intent of the parties that the parking lot be free and clear of those sights. In your case, changing tires can be done usually within 30-45 minutes and it is also arguable that if you had a flat, you would have no choice but to repair your vehicle, thus, it would be ordinary and expected that you would have to take those actions on site. As far as oil changes, those can be done in about 30 minutes as well and often do not include the kind of tools or time that other, more major repairs require. Thus, I’m of the opinion that changing tires and changing your oil would not be in violation of your lease. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.