Driveway Access and Parking

[blindambitions]

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

I signed a lease in August 2008 agreeing to rent "a residential unit located" in Indiana "(hereinafter called premises)".

No where in the lease is it stated that I am barred from parking in the driveway associated with the property, nor are there any specifications regarding the driveways use save letter C of the Rules and Regulations section which states: "Entrances, walks, lawns and driveways shall not be obstructed or used for any purpose other than ingress and egress."

Regarding parking specifically, the only restriction is that "Non-operative vehicles are not permitted on premises" (letter E of the Rules and Regulations section). I therefore signed my lease with the understanding that I would have access and ability to park my vehicle in the driveway if I so desired since it is not stated nor implied otherwise.

September 2008 I found out that the landlord and another tenant signed an addendum granting him sole access to the driveway.

Although the other tenant and I signed separate leases, the leases were exactly the same.

Questions

A) Is the signed addendum legal and therefore valid considering the following:
1) The signed addendum affects the parameters of my August 2008 lease, and yet I was not aware of it's presence until AFTER it was signed and it was signed AFTER I had signed a lease in which I previously was not barred from using the driveway.

2) As a tenant occupying the same premise as the other tenant, I was not given the addendum to sign as well.

3) The landlord agreed to the signed addendum under false pretenses. The other tenant told the landlord I was aware of his request to lease the driveway and that I had no qualms with him having sole use of the driveway.

4) If the addendum is illegal, is that grounds for the dissolution of the lease I signed in August and does that release me from my agreement to pay rent until May of 2009?

B) I have since then moved out. I HAVE CONTINUED to pay the rent owed to that premises in conjunction with paying rent for the place I currently occupy. Is it not the responsibility of both the tenant and the landlord to find a new tenant/sub-tenant? What if the landlord has done nothing but show the premise to the potential tenants that I HAVE sent his way?

6) I have advertised the rent as being $150 LESS than what the TOTAL rent is as I will pay the $150 under the hopes that someone will rent it at the lower price. I have detailed in the ad that the rent price is valid until May of 2009 (5 more months left on my lease). I have detailed that it is a sublease. The landlord informed me that he does not approve of the ad and he is telling interested individuals that they must sign a 6 month rent agreement (although my lease ends in 5 months). Do I have any recourse?

7) Can he require potential new tenants to pay a security deposit? If they are subleasing the place, haven't I already paid it?

[Mr. Knowitall]

No where in the lease is it stated that I am barred from parking in the driveway associated with the property, nor are there any specifications regarding the driveways use save letter C of the Rules and Regulations section which states: "Entrances, walks, lawns and driveways shall not be obstructed or used for any purpose other than ingress and egress."

Parking in a driveway is not using the driveway for "ingress" or "egress", and it inevitably obstructs part of the driveway.

[blindambitions]

My lease says this:

"Resident’s Guide: Management reserves the right at any time to prescribe such additional rules and make such changes to the rules and regulations set forth and referred to above, as Management shall, in its judgment, determine to be necessary for the safety, care and cleanliness of the premises, for the preservation of good order or for the comfort or benefit of all of the Residents generally."


Seeing as how his addendum regarding the driveway was not necessary for the “safety, care and cleanliness of the premises, for the preservation of good order or for the comfort or benefit of all of the Residents generally” was that change legal?

...especially since it was an addendeum added to another person's lease (thus impacting my lease/ingress and egress rights).

[jk]

No where in the lease is it stated that I am barred from parking in the driveway associated with the property, nor are there any specifications regarding the driveways use save letter C of the Rules and Regulations section which states: "Entrances, walks, lawns and driveways shall not be obstructed or used for any purpose other than ingress and egress."

yes there is. You quoted it right there after you said there was nothing barring you from parking in the driveway. As Mr. K stated, parking is not entering or exiting.

Regarding parking specifically, the only restriction is that "Non-operative vehicles are not permitted on premises" (letter E of the Rules and Regulations section). I therefore signed my lease with the understanding that I would have access and ability to park my vehicle in the driveway if I so desired since it is not stated nor implied otherwise.

then you misunderstood what ingress and egress means and as such, are SOL.

September 2008 I found out that the landlord and another tenant signed an addendum granting him sole access to the driveway.

this is where it turns sour

Although the other tenant and I signed separate leases, the leases were exactly the same.

couldn't be. You said his included the exclusive use of the driveway.

A) Is the signed addendum legal and therefore valid considering the following:
1) The signed addendum affects the parameters of my August 2008 lease, and yet I was not aware of it's presence until AFTER it was signed and it was signed AFTER I had signed a lease in which I previously was not barred from using the driveway.

given the info you have, most likely not.

2) As a tenant occupying the same premise as the other tenant, I was not given the addendum to sign as well.

So? You are not (or would not be if the addendum were legal) a party to that contract.

3) The landlord agreed to the signed addendum under false pretenses. The other tenant told the landlord I was aware of his request to lease the driveway and that I had no qualms with him having sole use of the driveway.

then it sounds like that portion of the other guys lease is voidable.

4) If the addendum is illegal, is that grounds for the dissolution of the lease I signed in August and does that release me from my agreement to pay rent until May of 2009?

No

B) I have since then moved out. I HAVE CONTINUED to pay the rent owed to that premises in conjunction with paying rent for the place I currently occupy.

Is it not the responsibility of both the tenant and the landlord to find a new tenant/sub-tenant?

He has to attempt to rent the unit.

What if the landlord has done nothing but show the premise to the potential tenants that I HAVE sent his way?

then he has attempted to rent it.

6) I have advertised the rent as being $150 LESS than what the TOTAL rent is as I will pay the $150 under the hopes that someone will rent it at the lower price. I have detailed in the ad that the rent price is valid until May of 2009 (5 more months left on my lease). I have detailed that it is a sublease. The landlord informed me that he does not approve of the ad and he is telling interested individuals that they must sign a 6 month rent agreement (although my lease ends in 5 months). Do I have any recourse?

why would you want to have a sublease? If you are attempting to sublease, the landlord has no duty to find you tenants. That is all your job. If you want the LL to be required to find tenants, you need to terminate the lease. Unitl that time, he is required to be your LL. That's it.

7) Can he require potential new tenants to pay a security deposit? If they are subleasing the place, haven't I already paid it?

Is subleasing even alllowed per the lease? If so, the sublease is between you and the subleasor. Why you are bringing your LL into this is beyond me.

[blindambitions]

Our leases were exactly the same at the time of our signing in August (we both moved in in August).

The addendum was signed and added to the other tenant's lease a month later in September.

My lease says that if I want to sublease it I need the LL's approval.

"If you want the LL to be required to find tenants, you need to terminate the lease."
Do I have any legal grounds for terminating my lease?

[jk]

Do I have any legal grounds for terminating my lease?

Ya, you don't want to live there anymore. Doesn't mean you will not be held liable for the remainder of the lease but it is your apparent reason for terminating the lease.

[blindambitions]

How do I go about terminating a lease?

Do I send my LL a certified notification that I'm terminating the lease and on what grounds...and then wait for him to bring me to court?

Is there a certain form I fill out?

[jk]

you "give notice" per the requirements in the lease or state law. Generally a letter preferrably sent certified return receipt requested.