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credit help please | Lease says we can park our small trailer, owner says No? |
My question is our lease (which was recently signed) says boats, trailers, etc are to be parked in assigned parking spaces only. It doesn't say you can not park your trailer anywhere on the premises. We asked where to park it, and they said we can't park it anywhere. We asked for something in writing saying that and the owner is refusing. Can the owner do something like that this if is a signed lease agreement that is signed by us and them? Doesn't he legally need to inform everyone in writing if there is something changing the lease agreement?
Additional Details
Just to clarify, cars, motorcycles can be parked anywhere. Only trailers need to be parked in assigned spaces. My guess is so there not parked in spaces closer to the buildings so residents will not have walk long distance. There is plenty of parking and there are spaces that are not close to the building that no one parks at. His refusal to put this in writing seems like it would be illegal especially since it is in the lease that we can park the trailer on the premises. Btw, it is small trailer that barely takes up a parking space. And there are no county or city laws that prohibit the trailer being parked. Also we are paying storage on it to be parked, but we also trying to sell so it would not be parked here for long. |
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chatsplas
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Lease, being in writing, concerning real estate, is superior to anything verbal.
Lease once signed by all parties cannot be unilaterally changed (by one of you).
So as long as you are only using the assigned space and no others, seem to be in clear. |
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Gary D
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No, amendments to a lease need to be agreed upon, and signed by both parties, especially when it changes something that an existing party is taking advantage of. In such a case, an amendment would provide for at least a grace period, if not "grandfathering" the tenant until the next lease is signed.
Since it doesn't appear this is the case, I would send the lease manager a COPY of your signed lease agreement along with the specific passage pertaining to this CIRCLED and hilighted for him.
In addition, don't let them think they should have special designated, or "assigned" spaces exclusively for trailers, boats, etc. In most cases, this line is included in a lease to prevent people from parking them on grass or outside of parking spaces. You should make that assumption for now and not let on with the apartment manager that there could be another interpretation of that phrase. Let him be the one to come up with that.
Only if he does, then your counter-argument would be that since the lease says "assigned" spaces, it implies there should be specific assigned spaces, so you are obligated to at least assign some space within the property and you have clearly not done so in violation of the contract as well.
You may also want to contact a lease attorney for legal advice under the circumstances. |
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Landlord
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I am not sure what you are asking.
"parked in assigned parking spaces only" would indicate that you can not just park anywhere on the premises. You park exactly where you are assigned to park. If you have not been assigned somewhere to park then you do not park on the premises.
Are you saying you were assigned a specific spot and now they are not letting you? |
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sunshine
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Nothing changed in your lease. It says it needs to be parked in assigned parking spaces only...but there just are no assigned spaces. You lease did not change. You should have asked him to show you the assigned spaces before you signed the lease. |
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65% water
 |
Without seeing the lease it's hard to comment accurately. But my first thought is that if these vehicles are allowed in "assigned" parking spaces, who assigns them and where are they? Could the owner be refusing to assign a parking space? This lease still would allow the owner to just barely be able to claim that there are no assigned spaces for such vehicles. It would be shoddy behavior, but who would be surprised?
The other issue would be local or city law. If that prohibits parking nonmotorized vehicles (trailers) and/or boats, etc. even on private property, then that would be the deciding factor. |
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Ed Atun
 |
Things like this quickly turn you into an "owner" instead of a"renter". Why is the landlord being difficult? Is there a fee for the storage? I doubt it but so what if you pay it.
The only problem for you is that this is the landlord's privately owned property. You might win this battle but then he hates you and makes your life miserable. You would win a court case but knowing that only makes you feel better for a moment. It doesn't solve your problem. |
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HIGH SHAMAN
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You are in a carch 22 situation .... Your lease reads that trailers ect are to be parked in assigned areas only ; BUT ... you were not assigned an area when you signed your lease ....
Thus; the apartment manager ect is NOT obligated to alllow you to park a trailer there .....
IF however; there are other vechiles like the trailer parked on the property ; then .. that is another matter and you should be allowed to park yours there also .... and ....
If he fails to assign you a space within 24 hours ; then go visit the landlord tenant division of your local courts .... |
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kuya012025@sbcglobal.net
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You have every right to park it there. If the owners don't like they need it in writing. If they decide to take any legal action then you must show the lease saying that you can. |
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[[ME&&MJ]] :]
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then u CAN u park it there. |
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