Verbal Parking in Rent Control Building Being Sold
My question involves landlord-tenant law in the State of: California
I have a 2 bedroom that when I moved into the landlord pointed out... and we were very clear about my two parking spots. There is nothing in writing about the parking but it was very clear and we have been parking there for over 4 years. The owner is selling the building ( It has not changed ownership yet ) and the buyer will be using a property management company. This is a rent controlled building. There are other tenants in the building who were given parking but don't have anything written in their lease agreements either. I bumped into someone from the management company who just came to look around. As we spoke and got along he off handedly commented that I didn't have parking in my agreement. I just played it smooth and let him know that like many other tenants it was assigned when we moved in. ... I wondered if he slipped up by telling me that. Anyway, it made me concerned. Can they change the parking situation or start charging the tenants for parking even though we have had it for years? I mean, in this congested los angeles area ( near downtown ) nobody would rent an apartment if parking wasn't included. I had a witness many years ago when the spots were assigned to us. Also, I talked to the current owner and if it came up later on, he would not lie. He would acknowledge that those are my parking spots. Also, I have in my possession a tenant estoppel certificate. They told me this was to verify my rent. But I see one line that says : "No incentives, discounts or refunds on the rental amount were given Tenant, except: ________________ (< on this line we would specify parking? )
When the buyer and the prop management company he is using take over ownership... can they try to rearrange or CHARGE tenants for their parking spots???
Again this is a rent control building in los angeles. And if the parking spots we were given as part of renting our apartments is disclosed before the deal is finalized, then if the buyer goes through he is accepting all these agreements written or verbal, as long as it is disclosed and he knows what he is getting and what people have rights to.
Next time we write a check for rent, should we simply put on the memo line, " rent for apt. 312 + 2 parking spaces 29 & 30 ." ?
Any suggestions. maybe i'm thinking too much and the prop management represenative was just talking.... but tenants here are concerned. Thanks in advance.
Re: Verbal Parking in Rent Control Building Being Sold
I would contact your local government office that deals with rentals. It seems in California, you folks have laws for everything and I remember reading something about parking spaces being required in certain municipalities.
If there is no government requirement, without the parking on your contract, you have very little claim to the parking to be included with your unit. Without a contract, it would be a gratuitous use and as such, could be altered at the owners desire.
Yes, you can get folks to say those 2 spots were said to be yours but with no claim by contract, there is nothing preventing the owner from changing their mind about them.