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Old 04-04-2012, 04:07 PM
 
2 posts, read 3,242 times
Reputation: 11

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I have a house, and I rented the first floor, which with a parking lot. However, the tenant didn't pay the rent for two months, here is my question, can I disallow the tenant to use the parking lot now?

Thanks for any helps.

Regards,
Amy
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Old 04-04-2012, 05:56 PM
 
26 posts, read 51,615 times
Reputation: 28
your best bet is to just - a) work out a payment plan if your tenant is having money issues and he/she is otherwise a good person to be renting to. b) start dispossess / holdover proceedings on non-payment of rent [otherwise withholding or restricting use and services] can only too easily be used against you as harassment of / towards the tenant.
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Old 04-04-2012, 05:59 PM
 
26 posts, read 51,615 times
Reputation: 28
P.S. -
especially if the tenant had privileges of parking in the driveway all along.
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Old 04-04-2012, 06:00 PM
 
Location: southern california
61,288 posts, read 87,395,538 times
Reputation: 55562
u dont need a CDF post u need an eviction lawyer.
joint AOA (apt owners assoc.) and google for eviction attorney.
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Old 04-04-2012, 07:20 PM
 
Location: NY,NY
2,896 posts, read 9,810,627 times
Reputation: 2074
Depends upon whether parking is included within the lease agreement; or, is a separate agreement.

With a separate agreement then parking is severed from the tenancy, and is NOT included in the rent. It is also not covered by rent laws.

Always have a separate agreement for parking.
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Old 04-04-2012, 10:05 PM
 
2 posts, read 3,242 times
Reputation: 11
Thank you so much for all the replies, I think I have better to find a lawyer to deal with it. Thanks again! ^^ this place is amazing~

Regards,
Amy
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Old 04-05-2012, 08:44 AM
 
Location: Manhattan
25,368 posts, read 37,063,795 times
Reputation: 12769
Quote:
Originally Posted by ThatSkyFish View Post
I have a house, and I rented the first floor, which with a parking lot. However, the tenant didn't pay the rent for two months, here is my question, can I disallow the tenant to use the parking lot now?

Thanks for any helps.

Regards,
Amy
No, that would be called a "self help" eviction and is illegal.
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Old 04-09-2012, 10:51 AM
 
Location: NY,NY
2,896 posts, read 9,810,627 times
Reputation: 2074
Quote:
Originally Posted by Kefir King View Post
No, that would be called a "self help" eviction and is illegal.
You make a LOT of ABSOLUTE statements, that are most often WHOLLY incorrect.

People come seeking intelligent KNOWING advice, which generally requires *some* level of professional knowledge and/or experience.

What is the purpose of advancing less than such professional knowledge or experience?

****

A car cannot be evicted, legally or illegally.

Without KNOWING the FACTS of the lease term, NO ONE, irregardless of knowledge or experience can advise ABSOLUTELY!!!

Yet, YOU do so.

One can ONLY advise to the possible and/or probable circumstances and situation. Doing so requires advancing relevant differring consequences for the deferring circumstances and situations.

Multiple and differring circumstances and situations are NEVER *absolutely* the same, consequently the legality, laws and legal approach can differ, as in the OP's example.

YOU do NOT know the circumstances nor situation, as the OP does not provide such details of the tenancy nor lease term.

How is it that YOU are so knowing and knowledeable to advise an *absolute* NO? Then, ignorantly, state that refusing access to parking is an act of "self-help" eviction?

You don't know the facts, but have the gall to pose advise which can be HARMFUL to the individual making inquiry and seeking good and genuine help!!

Making *absolute* statements of knowledge w/o having *absolute* knowledge is dangerous and ultimately harmful.

What is the purpose in doing so?

KNOWING, is not a part of supposition, presupposing, determination, nor conclusion; and it certainly isn't guessing.

Knowing, is not ambiguous, it is not probable, arguable, nor is it indefinite.

Knowing, is a true and absolute knowledge of certainty and FACT!

Knowing is NOT opinion!

It w/b most helpful to comment with the above in mind.
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Old 04-09-2012, 10:55 AM
 
Location: NY,NY
2,896 posts, read 9,810,627 times
Reputation: 2074
Quote:
Originally Posted by ThatSkyFish View Post
Thank you so much for all the replies, I think I have better to find a lawyer to deal with it. Thanks again! ^^ this place is amazing~

Regards,
Amy
Excellent, be sure to seek an experienced Landlord-Tenant specialist. You can find one by calling your local County Bar Association. Explain your need and they will advise an attorney of good experience and standing.

Luck!
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