Our apartment lease does include 2 (tandem) parking spots. The landlord wants us to move our cars out of our parking spots everyday for exterior building construction. Is this legal? Since it is in our lease, and included in our rent payments, aren't we entitled to full access to our 2 spots? If not, are we entitled to a reduction in our rent during the inconvenience?
Yes, most likely you will be forced to move your vehicles during the day.
Whether you are entitled to a rent reduction might depend upon how the parking is worded in the lease. Is parking characterized as an amenity or a privilege? Generally speaking, because you are not talking about habitability issues within your apartment, your compensation for the inconvenience would probably be nominal.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
The answer to your question may be contained in the language of the Lease. Some Leases include language that allows the Landlord to seek an accommodation for a set period of time when performing repairs. If there is no language, some reasonable rent allowance may be in order depending upon the length of time of the construction.
You may want to contact your local Bar Association and discuss this matter with a Landlord/Tenant attorney. Of course, you could also use Avvo and find a good lawyer in your area.
The information presented here is general in nature and is not intended, to be construed as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.
6 lawyers agree
Construction / Development Lawyer
When it comes to Venice and parking, or anywhere in Los Angeles for that matter, parking spots should be considerd part of your lease and material to your lease agreement. It is not a habitability issue, but may be interference of quiet use and enjoyment to the lease requiring the landlord to offer a rent reduction, or provide alternative parking at thier expense. If your one of the few that would have plenty of altnerative parking, then damages or breach appear reasonable. The length of construction and the terms of your lease as it relates to repairs is important to discover. More information is required.
Landlord / Tenant Lawyer
No. Unless your lease provides for you to move your cars to allow such work, you are being illegally evicted from those parking spaces every day. By analogy, your landlord may have a right to enter your home upon proper notice to do needed repairs but he cannot require you to vacate your home during the day while the work is going on. Here, your landlord cannot legally require that you vacate the parking spaces that you lease because he wants use the space to do work. Considering the cost and difficulty of parking in Venice, were you to AGREE to move your cars out each day, the amount paid to you should refect the cost of parking elsewhere and your time and inconvenience in doing so.
You may want to contact the LA Housing Department (LAHD). A link to file a complaint with LAHD is below.
This is not legal advice and does not create an attorney-client relationship. The information provided is a general statement of the law. Reviewing a case and giving legal advice to a client requires more information than can be exchanged in this format. If you need legal advice, contact an experienced tenants' attorney.