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  1. #1
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    Apr 2014
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    Default Does a Landlord Have to Give More Than One Parking Space Per Unit

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


    I moved into my apartment about six years ago as a subtenant. Part of the reason I chose the place was because I was promised a parking spot, which I have paid for and had exclusive use of since then. Though I have a written sublease agreement, there is no parking agreement. Can the master tenant take away my parking spot for himself, or do I have any claim to keep it under implied-in-fact contract?

  2. #2
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    Sep 2011
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    Default Re: Is Parking Access an Implied Contract

    Tenant does not have the ability to contract out space beyond that which he already leases. In fact he may be breaching his lease by doing that. As you noted there is no parking agreement in your sub-lease.

  3. #3
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    Oct 2006
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    Default Re: Is Parking Access an Implied Contract

    Quote Quoting Disagreeable
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    Tenant does not have the ability to contract out space beyond that which he already leases. In fact he may be breaching his lease by doing that. As you noted there is no parking agreement in your sub-lease.
    I think you may be misinterpreting what is being said here. OP, could you please clarify the situation a little better?

    Are you talking about a situation where someone rents an apartment that comes with two parking spaces and you are subletting from him/her as a roommate? You are paying the cost of the second parking space?

  4. #4
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    Apr 2014
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    Default Re: Is Parking Access an Implied Contract

    Quote Quoting llworking
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    I think you may be misinterpreting what is being said here. OP, could you please clarify the situation a little better?

    Are you talking about a situation where someone rents an apartment that comes with two parking spaces and you are subletting from him/her as a roommate? You are paying the cost of the second parking space?
    Yes, exactly. My roommate has a written agreement with the landlord for the two spots, and I pay for and use an assigned spot. The landlord is taking back the spot that my roommate uses, and I expect he is going to try to claim mine as his own.


    I am OK with setting up a schedule for sharing, but my roommate is high-maintenance and I'm not sure he'll go for it unless I have some kind of leverage.

  5. #5
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    Jan 2006
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    Default Re: Is Parking Access an Implied Contract

    Quote Quoting Noir Es
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    Yes, exactly. My roommate has a written agreement with the landlord for the two spots, and I pay for and use an assigned spot. The landlord is taking back the spot that my roommate uses, and I expect he is going to try to claim mine as his own.


    I am OK with setting up a schedule for sharing, but my roommate is high-maintenance and I'm not sure he'll go for it unless I have some kind of leverage.
    if two spots are included in the lease, how is the landlord taking one away?


    if there is no fixed term lease involved, at least regarding the parking spaces, then I see no issue with the actions of the landlord and unless you have a fixed term rental agreement concerning the parking space, an alteration of the agreement where you no longer have a parking space is possible.

  6. #6
    Join Date
    Sep 2011
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    OH10
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    Default Re: Is Parking Access an Implied Contract

    If parking is not included in your sublease, he can cancel your ability to use it when the period you have paid additionally for it expires.

  7. #7
    Join Date
    Apr 2014
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    3

    Default Re: Is Parking Access an Implied Contract

    Ok, hoped it was worth a try. I have an arm injury that makes it painful to use my right arm, so I pretty much drive one-handed. Unfortunately, I've thus far found parallel parking left-handed impossible.

    FYI, the parking spot agreement between my roommate and the landlord was separate from the lease.

  8. #8
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    Default Re: Is Parking Access an Implied Contract

    Quote Quoting Noir Es
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    Ok, hoped it was worth a try. I have an arm injury that makes it painful to use my right arm, so I pretty much drive one-handed. Unfortunately, I've thus far found parallel parking left-handed impossible.

    FYI, the parking spot agreement between my roommate and the landlord was separate from the lease.
    get a car with power steering.



    in fact, in parallel parking, you shouldn't even be using your right hand. It should be laid across the seatback while you control the car with your left hand

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