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  1. #1
    Join Date
    Sep 2016

    Default Can a Landlord Limit Garage Space Rental to Use for Parking

    An apartment complex has spaces in open lots that are available on a first-come, first-served basis to tenants and guests. It also rents reserved carport spaces, and spaces inside two-car garages. The garages were probably designed to be rented by individual tenants, but the landlord rents out single spaces in garages. As garages are shared, there is a rule against storing any personal belongings in a garage, but that rule has not been enforced against tenants who rent the whole garage. Parking spaces are separately rented to tenants, and are not part of the apartment lease.

    Due to a shortage of parking, the landlord has announced that tenants will only be able to rent as many spaces as they have vehicles. One tenant has rented a garage, which they use to park a large truck and for storage, and a carport that they use for their other vehicle. The landlord says that they can only have two spaces, and that they have to give up either the carport or half of the garage. The tenant wants to keep all three spaces. Can the tenant avoid giving up a space?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can a Landlord Limit Garage Space Rental to Use for Parking

    As the parking spaces are rented separately from the apartment, the apartment lease and its term are not likely to be helpful -- but we can't be certain without reading the leases involved.

    Beyond that, once the lease term for a parking space ends, or upon proper notice to end a periodic tenancy (e.g., month-to-month), the landlord can end a tenant's rental of a space. If the tenants want to store items in the garage, from what you have said, they can give up the carport. If the issue is that there is not enough room in the garage for the truck, their stuff, and the other vehicle, then they're going to have to store their extra stuff somewhere else -- which they're apparently already supposed to be doing.

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