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  1. #1
    Join Date
    Oct 2011
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    1

    Default Landlord's Liability in Parking Lot

    My car windshield and trunk were smashed in Thursday night. I live in an apartment complex in Carbondale Illinois. I am a full time student at SIUC. the landlord makes every resident pay a $50 fee to park in the parking lot and if don't have the sticker displaying "Lewis PArk Apartments" your car will be towed. Does the landlord have liability over the parking lot because he forces you to pay or for any other reason? Also would it be smart to start a petition about security in the complex, as this is not the first incident around 4-5 have same types of vandalism has occurred on vehicles. I apologize for any grammatical or spelling errors, I typed this on an iPad and still trying to get used to it. Thank you all for your help!

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Liability in Parking Lot

    Do you have a lease where the parking is part of the lease?? Normally, when a parking space is rented to you, it is clearly stated that the landlord is NOT RESPONSBILBLE for damages.

    In fact, I rented a garage space in a indoor garage, and the car was stolen. I got hold of a lawyer, and after reading the lease, he told me I was out of luck. Fortunately, the car was insured, had low mileage as we had regular oil changes done, the the garage kept records that we can show, so I collected on more than book value from my insurance company, and even my insurance agreed that the LL is not responsible since they did not go after him under subrogation. I was out a few bucks on the deductable though.

  3. #3
    Join Date
    Sep 2005
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    75,442

    Default Re: Landlord's Liability in Parking Lot

    As a general rule, Illinois does not impose liability on landlord's for the unforeseen acts of third parties. It's conceivable that liability could arise if the parking area is constructed in violation of local ordinances, but a landlord is not automatically liable when somebody breaks into your car merely because you're parking on land he owns.

  4. #4
    Join Date
    Jan 2010
    Location
    North East
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    2,047

    Default Re: Landlord's Liability in Parking Lot

    Quote Quoting Lilmant88
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    Also would it be smart to start a petition about security in the complex, as this is not the first incident around 4-5 have same types of vandalism has occurred on vehicles.
    You have every right to start a petition about the security issue, and the landlord has every right to raise your rent or kick you out when the time for a lease renewal comes around.

  5. #5
    Join Date
    Mar 2008
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    1,995

    Default Re: Landlord's Liability in Parking Lot

    Quote Quoting Who'sThatGuy
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    You have every right to start a petition about the security issue, and the landlord has every right to raise your rent or kick you out when the time for a lease renewal comes around.
    Right to the point, and I told one of my pain in the butt tenants exactly that not long ago.

    I don't have a large apartment complex, only a few spaces. I got a good laugh at OP's complaint where the LL MAKES everyone pay $50.00, and have the nerve to require the display of a "Lewis Apartment's sign". I guess the better way is NOT charge anything, not have any signs up, so everyone in the neighborhood can park in the Lewis Apartment's lot. After all, how's anyone to know it's not a tenant's car if the LL is dumb enough not to have signs. Then the Lewis Apartment tenants can all park in the street for free, and they then can't sue the LL for anything.

    I told a tenant of mine that for $50.00, I'm not going to hire 24 hour security to watch his car, but he he wants to buy a surveillance system, and install it by my driveway, he's got my permission. On top of which, I told him that if I get any more complaints, I'll just raise his apartment rent $50.00 additional on lease renewal, no driveway, he can go park in the street, and I'll place potted plants in his space, so if vandals smash the plants, it won't be his problem. This way, I won't make him pay $50.00 for the space, but I'll make him pay $50.00 more for his apartment, and then some.

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