My parking spot is temporarily closed off, really unhappy about that, who's liable

[badsearcher]

I am currently a resident of the Monterey Bay in California and my apartment complex is being repainted with the area where my car is parked being the area being currently worked on. I pay 45 dollars a month in addition to my main rent to be able to have that parking spot (my roommate who moved in first uses the included garage) and I pay that so that I can have peace of mind at night knowing that my relatively expensive car is safe on the protected side of a gate.

But now I am forced to leave my car outside in a nearby mini-mall's parking lot from 8am to 5pm every day for the next week because my landlord simply tells me that he doesn't have anywhere else to let me park and then thanks me for "cooperating". The reason I have to let the car stay out at night is because I work very late at night sometimes from 3am to 6am and it is very inconvenient for me to have to wake up before 8am again just to repark my car (and even if it is daylight, I am still uncomfortable with leaving it out in the mini-mall for any significant duration). And the landlord hasn't even reduced my next month's rent by even a token amount of a few dollars to acknowledge that I did not get full use of the parking space that I am paying rent for.

They close the parking spaces to protect cars from "overspray" and to give the workers access and parking. What I am wondering is that maybe they should take some measures to protect the cars (don't overspray the paint?) so as to not inconvenience the carowners because it seems like they are making their problem the tenants' problem (in the name of cooperation). Also, more pertinently, since I am moved out of the relatively much more secure parking spot that I was expecting when I added the parking spot onto my lease out into the exposed mini-mall parking lot, if my car incurs any damages or theft because it was parked out there, is the property owner responsible?

Thanks for any advice, I just want to not have to worry.

 

[army judge]

Unfortunately, you have no legal remedy to assuage the pain of this situation. Frankly, wouldn't it be horrible if there was?

You might have a remedy available through equitable, common sense. Ask your landlord for a rebate, as you are unable to fully utilize that which you've paid for this month.

I'd ask for the parking fee to be waived next month, in consideration and appreciation for your "cooperation" this month. It ain't much, but I do understand the inconvenience it causes you. That said, your car is insured. Yeah, it'd suck to have to file a claim, nevertheless, it is insured.

Sometimes you just gotta be thankful for your blessings. There are people who'd love to have a donkey cart, less alone an expensive automobile.

 

[mightymoose]

You have a reasonable complaint to have the parking fee prorated for the time that you are not able to park there.

The landlord is well within rights to close off the property with notice.

When it gets down to it, the landlord can not charge you for something you do not receive. If you pay a $45 monthly fee for the parking and do not receive a full month, then you are owed something in the neighborhood of $1.45/day by my math.