Can a Landlord Rent Out Parking Spaces to Strangers

[adge]

My question involves landlord-tenant law in the State of: Massachusetts.

I've been searching Massachusetts law for anything that will be helpful to me, but have found very little.

I am in college and am renting the top floor of a home converted into two apartment units. I am renting the top unit with a few of my friends.

The lease states that parking is not included in the lease and parking on the premises is prohibited without the express permission of the landlord. We contacted some person, not the landlord, who handles the parking spaces because we were interested in renting one. (There is a driveway, garage, and somewhat paved backyard area.) We asked about the rent for the parking spaces, and he told us it was 135 a month, which is fine considering that in Boston parking is seriously in demand. However, we asked what happens to the unsold spaces and the person told us that they get rented to other people, essential strangers parking their cars and coming onto the premises at any given time. There are doors with access to our apartment in those areas, which makes me nervous for security reasons. Additionally, it seems a bit deceptive to have rented this to us without us knowing that there would be strangers milling about the property all the time. No one told us that the unused space would be used for that. I feel like I'm not getting what I am paying for... considering he's gouging us for rent and is now renting out space to strangers. When we were shown the property, there was one car in the driveway, which is reasonable. To have cars parked around all the time and to have people always on the property that arent the downstairs tenants isn't what I was shown. There is nothing in the lease stating what use we have of the backyard, nor does it say anything about space being rented. Additionally, what is he allowed to rent as parking? Can the backyard get rented? We figured that we'd be able to use that, even though it is not expressly stated in our rent that we have use of the backyard. Even if we don't have the right to use that, can he rent out what is essentially a backyard as parking? Plus, if they are disruptive, wouldn't that be violating our right to quiet usage of our space?

I'm a little bit skeptical of this secondary person we had to contact, as well. Seems a bit shady.

Please help me!

[aaron]

It is perfectly legal for a landlord to rent out excess parking spaces to non-tenants.

If you think there may be zoning restrictions that prohibit the use of the back yard for parking, you are free to investigate that possibility. We cannot do that for you.

I expect that when you directed your eyeballs toward the back yard before moving in, it was pretty obvious that it was being used for parking.

[adge]

No need for the attitude, my friend. I'm not a stupid girl. Most backyards in the area are either slightly paved or just gravel and are not used for parking--they're used as backyards. So no, when I directed my pretty little eyeballs to the backyard, and that is what ours looked like, I didn't expect it'd be used for parking. When we were shown the apartment, no cars were parked there. However, after further investigation, the current residents told us that that part is rented as well (which we witnessed upon another visit.)

If what you're telling me is that a landlord presenting a property a certain way and actively maintaining it another way is legal, then that's fine. I was just wondering if it was legal to rent spaces to non-tenants, which is why I posted on a site like this. Isn't that the point? Ask your very uncertain legal questions here without snippy answer from administrator? Last time I ever do that.

But, again, if said strangers turn out to be disruptive, that's an issue I can take up with the landlord as that would violate my whole right to live in a quiet, safe place. Because the essence of my question really wasn't can he rent out those spaces, period. It was can he rent out those spaces when we were under the impression that there would be no one milling about all the time.

[Mr. Knowitall]

You haven't told us of any misrepresentation by the landlord. You have told us that the landlord indicated that you could rent spaces and, when you asked what would happen if you did not, that the spaces would be rented to other people. Most people would have figured that out.

You're one to be talking about attitude.

No, the fact that others rent parking spaces does not make your tenancy unsafe, nor does it violate your "right to live in a quiet, safe place". If you don't want other people to rent the spaces, get out your checkbook and rent them yourself.

[adge]

No, I didn't assume he'd be gridlocking cars on every square foot of property.

All I had was a question that could have been answered very simply and without the attitude. No help in making people feel bad. Thanks.

[aaron]

I see. So you complain bitterly about getting accurate answers because your actual complaint is something you had not previously mentioned, and all of your prior claims and complaints are irrelevant to the actual issue?

If people aren't observing proper parking etiquette, talk to your landlord about, say, painting lines on the ground to designate spaces. Although unless you rent a space, that's not a problem that affects you.

[adge]

I'm sure what he's doing could be perfectly legal, I was just wondering. To me, it wasn't all that obvious. I didn't know that a landlord had the ability to do that, nor did I even know that someone was allowed to rent parking spaces for cash in a backyard. I figured everything anyone rents had to be official. I know next to nothing about renting anything and so I really just wanted to make sure we weren't being taken advantage of or experiencing anything out of the ordinary. I just really had no clue if it was legal or not, or even if it was a normal practice.

To me, there was also a difference between parking cars nicely on a property and shoving cars into a backyard that was usable.

Nevertheless, thanks for your additional help and clarification and apologies for the attitude.

[Foster_Foster]

Have no idea what you mean by "official" (but given prior comments, seems to have something to do with a presumed obligation to inform you of X and Y).

If you're concerned that the owner of the property is in effect running a daily parking lot (as to some spaces, evidently) without proper licensing, you're free to take that up with/rat him out to the locality.

A landlord wouldn't have any obligation to provide you with parking, paid or otherwise, when it comes to renting your unit.

[Mr. Knowitall]

If you're concerned that the owner of the property is in effect running a daily parking lot (as to some spaces, evidently) without proper licensing, you're free to take that up with/rat him out to the locality.

Are you aware of an actual licensing requirement or is that speculative? The only statutory requirement I see is that privately owned parking lots, once they reach a certain size, must offer handicapped spaces - but if the landlord is simply leasing spaces for long-term use by assigned individuals then the issues raised by handicapped access are different than for a lot that's open to the public. Beyond that, I suspect we're talking local ordinances.