We rent an apartment and included in our lease are two assigned parking spaces. On Monday our landlord informed us that there would be pavement work in our parking deck starting Sunday for one full week, and we would need to find other arrangements during that time. We asked if he was going to make other parking arrangements for us, to which he said no. We found parking for a very fair price but he is unwilling to compensate us for other parking and said we have to pay for it out of pocket. Can he do this legally?
If the lease required the landlord to provide parking, then what you have described would normally constitute a breach of the lease. You would therefore have the right to sue for your damages (you can sue in small claims court for up to $10k).
There is normally a 4 year statute of limitations for suing for breach of a written lease, so you may find it more strategic to wait a while (e.g. if you are planning to vacate after the lease expires) before suing.
You also should consider whether you want to keep renting the unit. If so, poisoning the relationship over this kind of relatively minor dispute may not be worth it. You could also see whether there is something useful/valuable the landlord would be willing to provide other than actual reimbursement (e.g. giving you an option to renew for the same rent).
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