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Apartment Management Company wants me to move my car for a week


I lease an apartment and parking space at a building that will be repaving the parking lot soon. The management company has notified me that I will need to move my car out of the lot each day from 7am to 5pm for a week while construction is completed. The notification states that if my car is not moved that it will be towed at my expense. Normally I would accommodate that request but I will be traveling and moving my car will not be feasible. Street parking is also not feasible. What are my rights to A) Not move my car, and not be responsible for the inevitable towing expenses; and B) Demand that the management company pay for a parking space in a garage or at another property operated by the management company during the period I am not allowed to use the parking space I lease?

Thank you.

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Submitted Tue, 04/25/2017 - 09:57

If your landlord needs to do upkeep the the property, they have a right to do so with reasonable notice. Repaving is part of the normal upkeep of a parking lot and they have to do so to ensure that the space remains safe and usable. As a result, asking that your car be moved is not unreasonable. There is an argument to be made that you would not be responsible for the towing costs since you rent the space, however, you would still have to pay for the towing upfront and then sue the landlord to *maybe* recover the money. You also *may* have a right to ask that the landlord pay for the parking for the week you cannot use the space you are renting. Just as if the landlord had to repair something in your apartment that forced you to move out for a week, they would have to put you up in a hotel.

The best way to approach this is probably just to talk to the landlord and explain that you are traveling during that period and won't be able to move your car daily as a result. Since they are not allowing you to use the space you have rented, you can request that they pay to park the car somewhere more long term for the week. Asking nicely might be the best scenario here. There are arguments to be made the landlord "owes" you this, but it's not certain legally.

Atty. David Owens

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