My daughter and her boyfriend signed a one-year lease for an apartment in June. At the time, they were issued a parking space and a parking sticker although they did not own a car. When new management took over in October, they "re-assigned" parking spaces, and my daughter was told they do not get a parking space because they do not have a car. There is NO parking anywhere on the street, and there is no dedicated visitor parking either. The nearest possible place to park is a couple of blocks away IF you can find a space.
She is currently seven months pregnant with twins, and has been placed on pregnancy disability by her doctor. When I (or anyone else) go to visit her and help with grocery shopping, etc, there is nowhere to park. We believe that she should still be entitled to a parking space, as she was issued one when they moved in, although the lease does not mention a parking space specifically in writing. Can they get out of the lease?
2007-12-26 02:16:07 · 7 answers · asked by tdoff 2 in Business & Finance ➔ Renting & Real Estate
If the lease doesn't address the issue, there would be no grounds for early termination.
2007-12-26 02:19:12 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Hmm. I don't know that you are entitled to that parking space.
I would do a google on the words "fair housing" and whatever state, county, or city you are in. I did that for Virginia and found an office who's job is to look into things like this. Ask them if you can give notice.
I would get the disability letter from the doctor and then contact the Department of Justice that supports the Americans with Disabilites act. This is a link to the disability rules.
http://www.usdoj.gov/crt/ada/cguide.pdf
If all else fails, give the landlord written notice that you intend to move out at the end of your lease. Landlords don't like to have turnover as they usually lose at least one month in between. Be sure to mention that you may have to involk whatever clause moves it to month to month so they can't line up a new renter as soon as you move out.
Then, be sure to send a letter to the proper authority (with pictures is best) every time you see a violation of anything. Call the landlord if you see unauthorized people parking in the marked spots too. That will make them loved by the other tennants when they start towing.
2007-12-26 10:46:30 · answer #2 · answered by WallBaker 5 · 0⤊ 0⤋
If it is not in writing you do not have case. The landlord could be contacted and have the situation explain to him. And mention that your daughter will probably move out at the end of the lease because of this situation if it is not remedied. On the other hand if there is parking provided NOW for other tenants, your daughter should have the same right to parking as they do. So you could cry discrimination to get his attention.
2007-12-26 10:21:34 · answer #3 · answered by RED 5 · 1⤊ 0⤋
Sorry, but that won't work. If parking spaces are not addressed in the written lease, it's considered an 'unspecified amenity', which can be removed at any time by decision of the management.
If your daughter attempts early termination on these grounds, she will face whatever penalties are involved with early termination.
2007-12-26 11:02:39 · answer #4 · answered by acermill 7 · 3⤊ 0⤋
Its sad, but people don't care about situations. NO car..means no space..that is prevalant in a lot of leases. Also, by law, they don't have to adhere to what the previous owners may have issued. This is a touchy subject, but visitors don't count...what you believe she may be entitled to, doesnt matter...since you don't live there...
Landlords, owners could care less what you have to do to get her groceries to her, and anything else..they really don't..maybe after she has the babies...she should consider moving.
2007-12-26 10:21:42 · answer #5 · answered by Shalla V 3 · 1⤊ 0⤋
When you rent or lease an apartment, the parking space is
automatically given to you. If the management refuses to give
her an assigned parking space, go over his/her head and go
directly to the owner or management company.
2007-12-26 10:20:50 · answer #6 · answered by dgreer58 3 · 0⤊ 1⤋
i would think a good attorney could help you.
explain to the lawyer she has beeb placed on pregnancy
disability by her doctor.
a lawyer sending them a strongly worded letter
pointing that out could work wonders, good luck.
2007-12-26 10:23:38 · answer #7 · answered by Jerry S 7 · 0⤊ 1⤋