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  1. #1
    Join Date
    Aug 2015
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    Exclamation Can a Tenant Let a Friend Use a Shared Parking Spot

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

    Hello. I'm an university student who rents the first floor of a house-like apartment with a friend, but there are two floors above us and 8 tenants in total. The house comes with a free parking spot as says in my contract: "If the tenants have a car they may have the use of one (1) space in the driveway to the west of the building, which consists of two (2) and only two spaces, with the cars parking front to back. Maintenance of the driveway is the tenants' responsibility. No car may be parked on the grass or any other area except the driveway."


    Another tenant has lent her parking spot to a non-tenant friend, likely because free parking is rare around my university. I am wondering whether I am entitled to the full use of the parking spot given that no other tenant has a car in use and that the current occupant of the spot is NOT a tenant.

    Update: The fellow tenant has talked with the landlord and he has agreed to let her friend use the spot. I don't know if this is before he knew of my intention to bring a car, but I wonder again at the legality of my entitlements even if the landlord does not mind. I do not mind sharing the spot with my fellow tenants, but if that is with a non-tenant, it's an entirely different matter.

    This is my first time renting an apartment, and I would like your advice on this. Thank you!

  2. #2
    Join Date
    Nov 2013
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    672

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    Could you clarify? From what I see, there are two parking spaces for tenant use. One space is being used by a non-tenant with LL permission. No other tenant has a car. That should leave one parking space for you to use. I'm not clear with whether or not you have a car, as you say "intention to bring a car". If you do have a car, is this non-tenant interfering with you ability to use the second spot?

  3. #3
    Join Date
    Jun 2015
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    988

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    I disagree...if the written lease provides for 2 places albeit shared among 8 tenants who may have a car then the LL is in violation of the lease to cut the services rendered to tenants by 50% via some sort of side deal to allow NONtenants use .

  4. #4
    Join Date
    Nov 2013
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    672

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    Disagree with what? I asked questions, and more information. I didn't say the LL was right, or wrong.

  5. #5
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    Sep 2005
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    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    Quote Quoting HRinDEVON
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    I disagree...if the written lease provides for 2 places albeit shared among 8 tenants who may have a car then the LL is in violation of the lease to cut the services rendered to tenants by 50% via some sort of side deal to allow NONtenants use .
    If each tenant has the use of only one space, and one space is available to the tenant despite the landlord's permitting guest parking on one of the two spaces, then we would be talking about an issue that could be raised by other tenants if and when they get a car.

  6. #6
    Join Date
    Aug 2015
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    2

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    No, there is only one parking spot, per se, but there is enough space to park one car right behind the other, which is something I would not like to do, as I don't know where the other person lives and would have to contact him every time I need to take my car out, or vice versa.

    - - - Updated - - -

    Imagine a normal parking space but elongated. Again, I would not mind if another tenant has a car, because that is within their contract lease and also because I can more easily reach them if I need to take my car out, etc., but for a stranger to use a spot that is not legally theirs does not agree with me. After all, when I signed the lease on the house I was given to understand the use of the parking space, and also at the time of signing, I told my landlord that I WILL bring a car, and he told me that thus far no other tenant has one - therefore, I was given to understand that I would have full use of the space. (Not that I would mind if another tenant suddenly decided to bring a car, but it's the principle of the matter that concerns me here regarding my rights).

  7. #7
    Join Date
    Jun 2015
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    988

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    I see it as is apparelty the written lease.....written lease....not oral extra deals....

    Whether you like to park first or,second is not relevant ....but reads to me like LL must provide 2 spaces for the tenants cars if they own a car.....

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    Are you looking for a law that prohibits the landlord from allowing the other tenant to allow her friend to use the space if you want to? Because there isn't one.

  9. #9
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    Sep 2005
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    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    Quote Quoting hadeion
    View Post
    No, there is only one parking spot, per se, but there is enough space to park one car right behind the other, which is something I would not like to do, as I don't know where the other person lives and would have to contact him every time I need to take my car out, or vice versa.
    The landlord sees it as two parking spots. The lease describes it as two parking spots. You would have to share with any other tenant who had a car. Your lack of interest in sharing is irrelevant.
    Quote Quoting hadeion
    ...I told my landlord that I WILL bring a car, and he told me that thus far no other tenant has one - therefore, I was given to understand that I would have full use of the space.
    Your rights come under the written lease. You have told us that you are able to fully exercise the parking rights granted to you under the lease. Your lack of interest in sharing the spot remains irrelevant.
    Quote Quoting HRinDEVON
    View Post
    ....but reads to me like LL must provide 2 spaces for the tenants cars if they own a car.....
    Two spaces for tenants, with each tenant entitled to use one space (assuming it was not already taken by another tenant). If a second tenant obtains a car, that second tenant would have a valid objection to one of the spaces being used by a non-tenant.

  10. #10
    Join Date
    Mar 2013
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    18,340

    Default Re: Fellow Tenant is Lending Out the Shared Parking to a Non-Tenant

    Quote Quoting hadeion
    View Post
    I told my landlord that I WILL bring a car,
    Talking about bringing a car is not bringing a car.

    When, and only when, you have a car is when the landlord will be in breach of the lease and you address it when it happens.

    Till then, talking about it is wasting your time, and ours.

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