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    parkingproblem's Avatar
    parkingproblem Posts: 1, Reputation: 1
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    #1

    Apr 3, 2009, 03:13 PM
    Breaking a lease because of parking
    I moved to a busy part of the city where parking is slim and found a place that had an assigned parking slot on the side of the building. The parking spot and were it was located with a map was included in the signed lease. The first week I moved in the landlord discovered he gave me the wrong map and there was no assigned parking for my apartment. The slot I thought I had is assigned to another apartment. I did talk to the other tenant and they will not give up their parking spot. He said he would find me a new spot as soon as possible. Now after 2 and a half months I got so fed up of no where to park I claimed he has breached the lease and started to look for a new apartment. He claims this is not a breach of the lease and will hit my credit if I moved out. Furthermore while filling out application for another apartment, the new apartment wants to talk to my current landlord. He has told all of my prospects that I am trying to break my lease and it is making it impossible to find a new place to move out. Does anyone have any idea of what type of recourse I have?
    JScott354's Avatar
    JScott354 Posts: 7, Reputation: 1
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    #2

    Apr 3, 2009, 03:23 PM

    Sorry to hear about your problem!

    I am certainly not a legal expert, but if your lease was 'written' to include a parking space, it certainly seems your current landlord should make good on this clause!

    I would suggest seeking aid from a local organization that specializes in landlord / tenant disputes. Some legal offices / lawyers will even give you a courtesy free appointment to see if they can help you.

    As for looking for a new apartment... just make sure you are 'up front' on your applications and let them know of your parking problem. Maybe have something all typed out that you could leave prospective landlords , or submit with your application, detailing the situation.

    Best of luck... And let us know the outcome!
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Apr 3, 2009, 09:33 PM

    Your lease, since the parking is included, they either have to give you a parking spot, or they are in breach of the contract. I would send them a certified letter stating that they have ( perhaps 30 days) to give you a spot, or you will
    1. find them in default and consider that they have broken the lease.
    Also you could consider sueing for the value of that parking space since it is not provided

    Also you may consider a legal actoin to sue them for the value of that spot, and set up a escrow account to put all rent into till they provide that spot.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Apr 4, 2009, 06:41 AM

    Hello:

    The Padre is right on, of course.

    In my letter, I would tell them FURTHER, that if they attempt to damage your reputation by LYING again when a prospective landlord calls, you will sue them for slander.

    I wouldn't give 'em 30 days either. TEN is plenty.

    excon

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