Landlord did not provide parking space promised in lease--recourse?

Status
Not open for further replies.

caitdixon

New Member
I recently signed a lease on an apartment in Los Angeles, in an area where parking is difficult. The building has four units (three rented, including mine, and one empty) and five small garages in the rear of the building. When viewing and deciding on the apartment, I asked the landlord which garage went with the unit--she told me she wasn't sure, and would have to check with her husband.

The lease, which I signed, states that we have one parking unit with the apartment. However, when I went to pick up the keys, she told me I didn't get a garage. At no point prior to signing the lease did she say that I would not get a garage. She said one of the other tenants uses two garages (I never learned if this was in the other tenant's lease or not), and the landlord's husband uses two others for storage. She said I could park in the drive leading up to the garages.

This drive is too small to park a car in. You can turn into a garage, but there is not enough room to turn the car perpendicular to a garage without pulling in. If we place the car in the driveway area there, other units will not have enough room to turn around to leave the parking area. In addition, posted on the garages is a sign which states "no parking in driveways" and that "violators will be towed away" per LAMC 80.71.4.

I mentioned this problem to the landlord shortly after first trying to park there, and she said she would speak with her husband about emptying a garage for us. I offered to help clean out the garage and to help them locate a storage unit that was suitable for them. That was three weeks ago--I went back to New York to pack for my move. I have left two messages for her since then, and she has not returned the calls.

What is my recourse? By not providing a reasonable place to park, has she violated the terms of the lease? Would I be in my rights to pay less--or no-- rent until this is resolved? Would I be in my rights to find another place to live and demand my deposit back?

I do not want to do either of these things--nothing would make me happier than to pay my full rent and move into my chosen apartment. I just need a parking space and want to know what my options are.
 
The landlord has told you she will speak with her husband about emptying out one of the garages. Why don't you wait until you get back there and see if this has taken place?

Gail
 
She has offered to clear out the garage but is now wanting to charge more rent for use of the garage. I consider that the garage is part of the original lease, considering the circumstances described above. Thoughts?
 
It depends on whether the garage is specifically listed as being included in your rent in your lease. Sounds like all it lists is a "parking unit".

My dad managed apartment buildings in a suburb of Chicago. Tenants who wanted garages paid extra for these. Every apartment I've rented that offered an apartment added a fee for this.

Gail
 
Status
Not open for further replies.
Back
Top