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caligrl | Should I take my landlord to court for this? |
My lease clearly states that I am entitled to a parking spot. Instead he is offering me a small monetary compensation instead or else offering me to move out. I don't want to move out or accept the money instead of a parking spot which I badly need. Would a judge be helpful in this situation? What could they suggest? He's using my parking space for the trash bin as there is little room on the property for it, but everyone else has a space and one unit even has 2 and I keep getting parking tickets because of the restrictions to park on the street. Please help, what should I do?!
Additional Details
I moved in last Oct and in december he finally offered me $50/month compensation so I filed a suit with the city who told him the minimum he could compensate me is $60/month so he mailed me a check for $120 to cover oct - feb - i had deducted $50 for 3 dif. months but hey each parking tick costs $55 and i had my car impounded once too as there is no space and $60 is a joke in this area. I said I wasn't going to move in w/o a parking space, i was promised one and it is clearly spelled out in the lease i am entitled to one, so he can by law offer me the stupid $60 or tell me to move out without honorig the lease?? |
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nikispittie
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Take him to court thats the whole point of a lease you BOTH agree to the terms signed as long as it says u are entitled to a parking spot in the lease its yours he has to or if he wants to give you money you should sign another agreement ALWAYS have stuff in writing when renting and stuff . So i would fight it, if its in the lease its yours!! |
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Expert Realtor
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Yes, a judge will rule in your favor because moving is expensive...it's your time, your effort, you have to take time off from work, reconnect utilities, etc.
A small compensation isn't enough...if your lease is guaranteeing you a parking spot, you DO NOT have to accept moving as an alternative.
However, at the same time, when your lease is up, he also is under no obligation to renew it.
I would also be asking myself why you instead of another tenant. |
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Courtney F
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That trash bin is probably not zoned for that parking space!You are entitled to have a parking space.I, would find a new place to live, call the city on him, and take him to small claims court, to pay for all of those parking tickets!Screw em! He's taking advantage of you.Let him know you intend to call on him,and he may change his tone. If not take this bull by the nose! |
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MissDiscipline
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If he is offering you monetary compensation for this or offered you to move out, a judge will rule in his favor because he has compensated you for this. He has broken the lease agreement and if he is going to let you get out of it like you said, then you would be wasting your time and money to sue him.
The judge can't make him give you a space and if he says this is not possible, then what he said to you, take money or move, he is doing it legally and just on his part as the landlord.
You will have to move or figure something else out.
Sorry to give you the bad news. Wish you the best.
***YOUR ADDITIONAL DETAILS***
Yes, he can just pay the $60.00 a month or let you out of the lease. He is smart he knows the law and his rights as a landlord.
I understand this is frustrating for you, but think about it, even if you take him to small claims, supposing above the $60.00 a month he is giving you the judge makes him pay for a ticket or 2 from the past before he compensated you. (and that is a maybe, you may get nothing) But you are not thinking of the big picture. No matter what that outcome, you still will not have a parking space. I know this is hard for you, but you need to think about taking his offer to get out of that lease, get all your deposits back and find another apt. that has parking.
If you stay there and you have no space, where will you park?
Also you can do some research in your state (Googling) about landlord, tenant rights. and what obligation the landlord has if something in the lease is broken. Your moving expenses may be taken into consideration by a judge, but it depends on the law in your state. The landlord may only be obligated to refund all the deposits you gave and that's it.
Good Luck... |
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spr
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I would take your landlord to court for the simple fact that a lease is a legal contract. You are expected to adhere to the terms and conditions and so if the business/property. Maybe a judge would suggest, giving you one of the two spaces that the one unit has. |
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danny_casemaster
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I would move the trash bin.....! You pay for the space! What makes u any different from anyone else there?! |
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H mom of 3
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Well because he is willing to compensate you for your parking space the judge would rule in his favor. You can take him to court and maybe add something that since he is compensating you for your parking spot, that he be responsible for any parking tickets or towing costs that you get for having to park on the street, because at that point you would be working with him, the judge may help you out a bit more, then if you went in there and said that you HAVE to have your parking spot. That may even make the landlord move the dumpster because he won't want to pay you the $60. a month and the parking tickets for your car. Another thing that you can talk to him about before taking this to court is making it a month to month lease for him breaking it as it is, and that way if it gets out of control or something bad happens to you, you don't have to worry about breaking a lease with this complex. Good luck and try to talk to him about these options before taking him to court. |
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Landlord
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The judge will not rule in your favor as the landlord has attempted to let you out of your lease w/o reprecussions, which is the most the judge can do. |
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firey_cowgirl
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If he is offering you monetary compensation, probably not. |
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Classy Granny
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Landlord is right. |
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quizzard123
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A judge will just offer to let you out of the lease, and the LL has already offered that. You'll just get into the landlord's blacklist if you fight it, and get no more than you're already offered.
It makes more sense to move or take the compensation, your choice. |
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