Multiple Tenants have access to a space we pay for

[mprince83]

I have lived in my current apartment for approximately a year and a half. According to our lease we have our apartment and the basement. We pay an extra $65 dollar a month for it. Last night it was brought to my attention by my roommate that other tenants in the building have keys to the basement. This worries us because we have our living room down there and things of value such as a television. I e-mail our landlord about it and this was his response:

"Hi
Yes they do have access to store bikes for safety o the building and they are good tenant as you are, I don't think they steal . and you do have part of the basement not all.
Thanks"

If this is the case I would rather not pay the extra $65 a month if we do not have privacy in the basement. Do I have any ground to stand on or do I just have to deal with it? Thanks so much!

 

[army judge]

You might have a legal position you can take. If your lease gives you exclusive use of the basement, your landlord is violating your leasehold by allowing others the right to use it.

The problem for you is, how do you establish damages? I suppose if you've had the leasehold for 10 months, you could sue for the return of your $650.

But, the legal decision would have to address severability. That is to say, is the use if the basement severable from the use of the apartment on your lease. I suspect it would be skin to leasing a garage or storage space.

Do you really want a fight over this? Your landlord is in the wrong. But, what do you want to gain?