I've read a lot of information on the internet & am more confused now than ever. My tenants are parking in the spot allocated for my other tenant. This is a house with upstairs renters & downstairs renters. The upstairs tenants are asked to park in the driveway where you can park 2 vehicles. The downstairs tenants have always parked in a space immediately in front of my house. Technically It may be considered city property but there are no sidewalks and everyone on the street uses those spaces for additional parking. My issue is the upstairs tenants got a second car and are now parking in both the driveway and the front of the house. And refusing to allow the downstairs tenant to park in the space designated for them. Their position is it's city property so they can . What can I do
This is a tricky question because it is very fact specific. I would look at the language of your contracts with these tenants as to what you promised them for parking. If the tenant with 2 cars had notice of the parking spot being designated (although public property) for the other tenant, then he would have agreed by contract not to use it.
If you don't have facts like that, then it will be hard to enforce anything against them. Further, if you promised parking availability to the other tenant under contract and now cannot provide it, you may be breaching those terms of the lease agreement.
You should meet with an attorney who can review your contracts and let you know exactly what your best course of action is. I hope this helps answer your question.
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