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Old 07-07-2015, 11:42 AM
 
2 posts, read 1,771 times
Reputation: 10

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I rent a driveway from my landlord, separately from the apartment I rent as well. We have a verbal agreement to pay 100.00/month for the driveway rent. Right now they are doing construction on our building, which means I have not been able to park in the driveway for about a month now (it might end up being two months of construction by the time it's finished where I will have not been able to park in driveway.) My landlord says I still need to pay my driveway rent even while I can't park there. If I don't, he's going to rent the driveway to someone else and I won't be able to use it ever again. Can anyone site any laws or regulations that make this illegal? I really don't want to lose my driveway, but I also really don't want to pay $200.00 for something I can't use.

Background if it helps: We have lived in the apartment for ten years. We don't have a lease anymore, just verbal agreements for rent. We always pay on time. We love our apartment as it is big and affordable, but the landlord is really annoying. He always asks us to shovel snow, mow, and take care of the lawn, trash, and clean communal hallway spaces. (There's no super.) I am pretty sure the apartment is not up to code and he never repairs anything. In addition, we make our rent checks out to CASH, which makes me think he's not claiming this rental income in his taxes. The only reason I added this info, is because I wonder if it gives me any leverage in negotiating with him.

Any advice anyone can give is much appreciated!
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Old 07-07-2015, 01:12 PM
 
2,053 posts, read 1,516,204 times
Reputation: 3962
Why don't you have a lease anymore?
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Old 07-07-2015, 01:26 PM
 
2 posts, read 1,771 times
Reputation: 10
Just because we have lived there for so long. I think technically at this point, we are month to month. It never really bothered me that I didn't have one, so I never asked for one.
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Old 07-07-2015, 04:39 PM
 
12,340 posts, read 26,013,773 times
Reputation: 10350
Quote:
Originally Posted by mcgrc753 View Post
My landlord says I still need to pay my driveway rent even while I can't park there. If I don't, he's going to rent the driveway to someone else and I won't be able to use it ever again. Can anyone site any laws or regulations that make this illegal?
If I were you, I wouldn't rock the boat. He already told you that if you don't pay, he will rent it to someone else. Why do you want to test him to see if he means it? Just pay the $200. Or if the idea of paying an extra $200 is so horrible to you, you could find another driveway to rent...that I'm sure wouldn't be as convenient for you.

There are many protections for tenants in terms of housing, but I never heard of any for driveways and cars.
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Old 07-07-2015, 04:48 PM
 
1,757 posts, read 2,134,808 times
Reputation: 3695
Pretty sure if the driveway is exclusively leading up to the apartment and there is another primary driveway for the owner then the landlord has to give you the right to use it at no extra cost in NYC.
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Old 07-09-2015, 03:30 PM
 
37 posts, read 37,344 times
Reputation: 19
Since you are already paying the rent for parking at the driveway and when there is no driveway then there is no point of giving the rent.
You can look for an alternate driveway somewhere else at an approachable distance from your place. In case by the end of construction he still doesn’t allow you to use it, you will still be at a safer side if you have a driveway. And may be now you get a driveway at a much cheaper price.
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Old 07-09-2015, 05:18 PM
 
Location: Manhattan
25,341 posts, read 36,836,839 times
Reputation: 12729
Work it out with the landlord.

You have no alternative because you have no lease for the apartment, no lease for the driveway, no checks made out to him for ANYTHING. (How do people live like this?)

Have you considered moving with 30 days notice? Perhaps you don't need even THAT because he has no real proof you are even a tenant.
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Old 07-09-2015, 08:19 PM
 
10,219 posts, read 19,097,834 times
Reputation: 10880
Making the checks out to cash? Are you sure this guy even owns the place?
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Old 07-09-2015, 11:33 PM
 
Location: brooklyn, new york, USA
898 posts, read 1,210,805 times
Reputation: 1310
you are paying decent rent but providing labor services so how does that make it a good deal? he also is a terrible landlord as he never fixes things, etc. if you like your living situation, put up and shut up. pay the man and accept the loss for these two months or else get out and go find another home. you can't have it all. you think he would give you decent rent/undermarket value AND provide all those services too?? and also not be a penny pincher??
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