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-   -   Breach of lease agreement? (https://www.askmehelpdesk.com/showthread.php?t=266557)

  • Oct 5, 2008, 07:32 PM
    valesyde
    Breach of lease agreement?
    I rent a 2 bedroom apartment with my girlfriend. I own 2 cars and she owns one. When we initially signed up I made sure to ask about parking for 3 cars and they assured me that since we were renting a 2 bedroom apartment it was fine for us to have 3 cars and they issued me 3 parking passes.

    Recently they asked all residents to renew their parking passes and they refused to give me passes for all three of our cars. They said they will only issue 1 pass per person. I was told if we had another roommate they could issue a third pass for our apartment but since its just the two of us they can't.

    I read through my lease agreement and it says nothing about 1 parking pass per person. Are they in breach of the contract? Is there anything I can do?
  • Oct 5, 2008, 08:56 PM
    rockinmommy

    What DOES your lease say about parking? Is there any separate "addendum", or just the passes?
  • Oct 7, 2008, 04:26 PM
    valesyde
    Quote:

    Originally Posted by rockinmommy View Post
    What DOES your lease say about parking? Is there any separate "addendum", or just the passes?

    This is the only reference to parking in my lease agreement. There was no separate addendum.

    Lot Parking
    Parking in the community is for residents and authorized guests only. Due to the distrivbution of parking spaces, residents may park only one car near their apartment and must park any additional cars in extra spaces adjacent to or across fro the building. Under no circumstances will parking on the grass or in restricted areas be permitted. Carports and garages, if available, are leased to residents on a paid reservation basis. Failure to pay any garage rental or parking fees may be grounds for lease termination. Where required, permit parking hang-tags must be displayed at all times. A lost or stolen hang-tag should be reported immediately. There is a fee for lost hang-tags, including failure to turn it in at move out.
  • Oct 7, 2008, 07:48 PM
    rockinmommy
    Ok, so when you initially purchased your parking passes was there any written agreement for that? Were you given a receipt? Did you / do you just pay it monthly?

    I think, unless you have a receipt or agreement showing a longer duration, the parking permits would just be a month - to - month agreement. Unless you have something in writing showing otherwise I, personally, don't see how they'd be breaching the lease.

    I can see why you're upset. I think the best thing you can do at this point is go attempt to discuss it with the propery manager. I'd be very professional and not act upset, but I would make it very clear that with this new development you will definitely NOT be renewing your lease. (If it's at least somewhat true) I think you could tell them that you have been very happy there and were planning to renew, but this is a deal breaker for you. Make sure to tell them that you stressed the importance of this parking issue to the person who leased to you, and that it was never mentioned that there was a possibility that the ability to rent the extra space was temporary.

    Many properties actually have an interest in keeping their tenants happy, and tenant retention is a HUGE thing. It's way cheaper for a property to keep an existing tenant than to have to re-rent a unit. But there are definitely those properties out there that just don't care.

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