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Old 01-26-2012, 07:37 PM
 
1 posts, read 1,795 times
Reputation: 10
Default Need Help: Can my landlord do this?

I've been visiting these forums as a guest, but finally decided to register in order to ask the following question.

Here's my scenario:

In mid-January, I signed a lease for an apartment and paid deposit + pro-rated rent on the same day. The landlord didn't tell me where my parking spot would be until that evening (he didn't know at the time), hours past the lease signing.

Next day I went to see my assigned parking spot and realized that it was too small for my car. I tried to park in other spots to see whether my car would fit, and realized that all the spots are too small. (I have a compact car too - a Prius).

The following day (day 2 of lease signing), I told the landlord that there's no way for me to get in and out of the parking lot, and that I would have to break the lease.

The landlord ended up taking my prorated rent as penalty but returned my deposit. I wonder if he can do that given that landlord didn't show me where my spot would be (so there's no way for me to know at the time of signing), and also I cancelled within 3 days.
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Old 01-26-2012, 08:45 PM
 
Location: Southern California
1,296 posts, read 758,795 times
Reputation: 2035
If your Prius wouldn't fit how did anyone else's car fit? I find it hard to believe everyone had a car smaller than a prius. But either way you signed a lease without looking at the parking spot so it's on you. The pro-rated rent is just that and you broke the lease so he gets to keep first months rent. Be lucky he didn't go after you for the full lease price.
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Old 01-27-2012, 01:00 PM
 
Location: South Jersey
800 posts, read 1,044,091 times
Reputation: 1306
Where did you park when you signed the lease or when you went to look at the apartment the first time? I'm sure the parking spots didn't magically get smaller after you signed your lease
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Old 01-27-2012, 01:06 PM
 
Location: NJ
17,580 posts, read 18,181,107 times
Reputation: 15320
Quote:
Originally Posted by Mr_Geek View Post
If your Prius wouldn't fit how did anyone else's car fit? I find it hard to believe everyone had a car smaller than a prius.
Very good question. Was the parking lot empty? Where do all the other cars park?
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Old 01-27-2012, 01:08 PM
 
4,919 posts, read 9,280,600 times
Reputation: 5707
Contact your municipal planning dept or whatever agency regulates building design. Find out what are the specifications required for residential parking spaces. measure the spot and if the spot is at opr above the requirment, your completely out of luck no matter what. But if the spot falls below the minimum requirment (property owner restripped to smaller spaces after getting their inspection) you may have a chance of convincing a judge that you deserve the rent you paid as well as compensation for having to find a new place to live.
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Old 01-27-2012, 01:46 PM
 
13,128 posts, read 23,424,760 times
Reputation: 7389
^^^

Around here... parking is determined by statute as well as what constitutes a legal space.

There are some exceptions for Grandfathered applications.

Most of my perspective tenants are very keyed into where their car will be parked... it has been a deal breaker.

I guess it all depends on how much effort you are willing to expend.

Some would say there is a valid lease and your monetary exposure is dependant on the loss sustained...
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Old 01-27-2012, 02:05 PM
 
Location: southwest TN
6,502 posts, read 6,472,082 times
Reputation: 10424
Is that in your state's landlord-tenant statutes that you have 3 days to cancel? If so, you are entitled to your money back. If not, is it in the lease? If not, you're really out of luck. Why would you not insist upon seeing the parking before signing the lease?
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Old 01-27-2012, 05:20 PM
 
832 posts, read 1,017,153 times
Reputation: 627
This doesn't sound right. All spots are too small for a prius?
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Old 01-28-2012, 05:42 AM
 
4,406 posts, read 4,841,200 times
Reputation: 4209
Considering most parking spots have to be a certain length and width, I'm not buying this story.

I have a hard time believing you were shown an apartment and didnt' see the parking spots available for the building you'd be living in.
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Old 01-28-2012, 08:13 AM
 
15,062 posts, read 18,951,883 times
Reputation: 6179
Weird story....didn't you check the place before you signed? I believe the owner was more than gracious! Be happy and move on.
Quote:
Originally Posted by thatsku View Post
I've been visiting these forums as a guest, but finally decided to register in order to ask the following question.

Here's my scenario:

In mid-January, I signed a lease for an apartment and paid deposit + pro-rated rent on the same day. The landlord didn't tell me where my parking spot would be until that evening (he didn't know at the time), hours past the lease signing.

Next day I went to see my assigned parking spot and realized that it was too small for my car. I tried to park in other spots to see whether my car would fit, and realized that all the spots are too small. (I have a compact car too - a Prius).

The following day (day 2 of lease signing), I told the landlord that there's no way for me to get in and out of the parking lot, and that I would have to break the lease.

The landlord ended up taking my prorated rent as penalty but returned my deposit. I wonder if he can do that given that landlord didn't show me where my spot would be (so there's no way for me to know at the time of signing), and also I cancelled within 3 days.
Quick reply to this message
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