Parking Issues (West Hollywood, Beverly Hills: apartment complex, rentals, lawyer)

[xyzxyz]

I live in a 9-unit apartment complex on the border of West Hollywood/Beverly Hills. The landlord allows one tenant to host parties every other weekend and gives that tenant the right for his guests to block other paying tenant's parking spaces with his party guests. We have a fairly small parking area, but he stacks his guests' vehicles directly behind where we have our reserved parking. There is no way you can get in or out during his six-hour party events. Plus, the noise is awful! The tenant in question is very rude, obnoxious and most of the time, I suspect he is high. Anyway, I have never heard of a situation where a landlord gives one tenant the right to block other tenant's parking spaces. These are simply party guests...they don't pay to live here.

Do I have any rights in this? I was told it is private property and the landlord can do as they want, but then what I am I paying rent for or the use of reserved/assigned parking?

[Beth56]

Does your lease say anything about tenant parking?

[Lovehound]

Originally Posted by xyzxyz

Do I have any rights in this? I was told it is private property and the landlord can do as they want, but then what I am I paying rent for or the use of reserved/assigned parking?

Stand up to the landlord and tell him that you are going to move if he doesn't find a solution to the problem that satisfies you. Then if he doesn't fix it, move.

Frankly I don't understand why you haven't moved yet. Just the noise alone would cause me to move.

Do you have a lease? If so you might investigate whether the lease has terms you can use to legally break the lease. Otherwise start looking for a new place a few months before the end of the lease.

You might also consider complaining to the police about the noise. There are legal quiet hours mandated by law. However I've found the police to be rather lackluster about enforcing the laws. Also you'll probably end up making enemies with the offender which could make your life uncomfortable.

Just move.

By the way, the landlord is falling down on doing his job. Allowing that situation is completely unacceptable and inexcusable.

[JTGJR]

I would have to believe that if your rental/lease agreement entitles you to a parking space, it doesn't have a clause that says "but only when convenient for the landlord or another tenant."

Lovehound, I don't understand why you strongly suggest that the OP "just move." 2-days per month he/she is grossly inconvenienced but, otherwise, seems happy with the place. With people losing homes, it's becoming increasingly difficult to find good rentals at a reasonable rate. This is, or should be, a minor landlord-tenant dispute that should be easily rectified with an open, documented dialog and the rental agreement.

[user376]

The landlord has partially evicted you by blocking access to your parking space. He is not within his rights.

[EscapeCalifornia]

Originally Posted by JTGJR

I would have to believe that if your rental/lease agreement entitles you to a parking space, it doesn't have a clause that says "but only when convenient for the landlord or another tenant."

Lovehound, I don't understand why you strongly suggest that the OP "just move." 2-days per month he/she is grossly inconvenienced but, otherwise, seems happy with the place. With people losing homes, it's becoming increasingly difficult to find good rentals at a reasonable rate. This is, or should be, a minor landlord-tenant dispute that should be easily rectified with an open, documented dialog and the rental agreement.

Well the thread starter is obviously inconvenienced with the situation enough to find city-data, register, and start a thread about it. It sounds like it IS a big deal to him/her. It would be to me. If they did that to me repeatedly, I'd have their cars towed.

[xyzxyz]

The landlord has partially evicted you by blocking access to your parking space. He is not within his rights.


Is this a valid argument? I would like to present this to her next time she pulls it.

[JTGJR]

Originally Posted by EscapeCalifornia

Well the thread starter is obviously inconvenienced with the situation enough to find city-data, register, and start a thread about it. It sounds like it IS a big deal to him/her. It would be to me.

Did I post otherwise? I noted that the OP was "grossly inconvenienced" a couple times a month based on the "every other week" party. So where was the implication that it wasn't a big deal to the OP? I still think the best course is to review the contract. If a parking space is included with the apt. rental, then the OP should be entitled to the place 100% of the time. "Private Property" is not an argument. By renting the space, the landlord has relinquished the parking space to the tenant.

[Lovehound]

Originally Posted by JTGJR

Lovehound, I don't understand why you strongly suggest that the OP "just move." 2-days per month he/she is grossly inconvenienced but, otherwise, seems happy with the place. With people losing homes, it's becoming increasingly difficult to find good rentals at a reasonable rate. This is, or should be, a minor landlord-tenant dispute that should be easily rectified with an open, documented dialog and the rental agreement.

The OP has paid a considerable amount of money to have a nice place to live, a place to park his car, and the freedom to come and go as he pleases. On a frequent number of occasions his freedom to have access and the ability to use his car, and he's been deprived of his peace, quiet and domestic tranquility. I think he has every reason to be dissatisfied that his landlord allows another tenant to negatively impact his quality of life this way, and I wouldn't put up with it myself.

Only twice a month? Just for an analogy, let's say you and I were neighbors and we got along pretty well, except that I got drunk and loud and punched you in the mouth every other weekend. Would you still be saying it's only two days a month?

Why just move? Because it's alway more effective to fix problems at your end. But I did say to discuss it with the landlord to see if the problem could be resolved before moving. The parties should be quieted down, should not make any loud noises past a reasonable hour, and the OP should be allowed free access to his reserved parking spot. He has every right to expect that, he's paid for that right, and he should move if the landlord doesn't fix the problem.

If it were me and the problem not fixed, I'd be seeing a lawyer about voiding the lease.

[xyzxyz]

Thanks to everyone for the information. I consulted an attorney and discovered that it does effect "habitability" and can void the lease.