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Old 06-05-2019, 07:42 PM
 
1 posts, read 916 times
Reputation: 10

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Hello to everyone.

This is my first time here. so, hopefully, I am posting in the correct area?
I am having a problem with both my new neighbor and property management. Hopefully, someone can give me some advice because I can't afford to move. Let me start from the beginning and thank you in advance for taking the time to read this.


The apartment complex I live in is one story. From Right to left A- D next to D is the garage and driveway then another section is E&F. Those two apartments are gated with a nice grass lawn. Parking is kind of a pain in the butt, but everyone parks in front of their doors or on the street which is directly in front.
I moved into apartment C back in 2013 and in November 2014, I was offered the garage area for an extra $100 Then in 2015 of June we got new property management, who in fact never came to introduce themselves, never gave us any papers, or had us sign any new contract. Since then, all has been quiet. In December 2018 the people in apt D moved out, and our new neighbors moved in at the end of January 2019.

Since D moved in we have had nothing but problems with them. He kept leaving his trash bags and cans on the driveway. and was parking on the driveway. literally had to ask him to move almost every day.
Finally one day he started arguing with me about it. When I tried to show him the paperwork stating it was mine, he didn't want to see it. as an effort to back us up, we made numerous calls to the office with no returns. In this last month May 2019 the management guy Omar came by for other reason than the garage and right away D brought up the garage. That day Omar told us no one is allowed to park there and that day was three weeks ago. Instead of doing the most civil thing and backing us up he acted like a parent. I'm not his child.

Then all of a sudden he is stating they have no records of extra payments for the garage I have all my paperwork. but it is from the first management. Again the new company never introduced themselves. Now I have to move my stuff out of the garage.
Come to find out when they advertised the apt, the garage was in the picture. False advertisement. My rent has been paid on time along with the garage. June included. Today when I got home, who was in my garage sweeping it out...
the guy in D. What are my rights? Can anyone help?
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Old 06-05-2019, 10:00 PM
 
2,928 posts, read 3,553,677 times
Reputation: 1882
1st, stop paying for the garage space since you're not being allowed access to it.

2nd, if the other tenant is not allowing you to access your easement, tell management that the next time he impedes access to your own driveway that you'll be calling a tow truck to impound his car.

3rd, entertain the idea of moving. I know it's a hassle but when you don't have a reasonable landlord/management company, they're not leaving you much choice.
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Old 06-06-2019, 06:10 AM
 
10,746 posts, read 26,030,489 times
Reputation: 16033
Does your current lease state your renting the garage or do you have an addendum to the lease? The lease with your old manager is valid until it expires at which point the new manager will want you to sign a new one with them. At that time they can say you no longer have access to the lease.

You need to sit down with the manager, show him all your documents. It’s not your fault they offered a already rented garage to a new tenant. They can’t just take the garage that is currently being rented to you.

Don’t stop making payments, that’s a fast track to eviction. You can call a tow truck, but they won’t tow because you’re not the property owner. Moving, if you can’t deal with the outcome, might be your only option.

You can also consult with a lawyer, the first visit is usually free.
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Old 06-06-2019, 08:24 AM
 
2,928 posts, read 3,553,677 times
Reputation: 1882
Tow trucks don't ask to see the deed to a property before towing. That would be needlessly difficult in times of emergency. Besides the lease acts in the same manner as a deed, so if you did run into a tow company that demanded proof you live at the property, you could show that. When a landlord offers a lease he is giving you legal rights to enjoy the property with unimpeded access.
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Old 06-06-2019, 08:26 AM
 
Location: Phoenix, AZ area
3,365 posts, read 5,242,053 times
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Talk to a lawyer.
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Old 06-06-2019, 03:25 PM
 
10,746 posts, read 26,030,489 times
Reputation: 16033
Quote:
Originally Posted by ddrhazy View Post
Tow trucks don't ask to see the deed to a property before towing. That would be needlessly difficult in times of emergency. Besides the lease acts in the same manner as a deed, so if you did run into a tow company that demanded proof you live at the property, you could show that. When a landlord offers a lease he is giving you legal rights to enjoy the property with unimpeded access.
Most complexes and communities have a contract with a local towing company and they will not tow without the owner’s permission. My last HOA gave tenants the right to call the towing company. My comxomex before that, did not. If a car needed towing you called the office (24/7) and they called it in.
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Old 06-06-2019, 08:13 PM
 
2,928 posts, read 3,553,677 times
Reputation: 1882
Quote:
Originally Posted by Kim in FL View Post
Most complexes and communities have a contract with a local towing company and they will not tow without the owner’s permission. My last HOA gave tenants the right to call the towing company. My comxomex before that, did not. If a car needed towing you called the office (24/7) and they called it in.
Just because a complex has an agreement with a certain tow company doesn't mean others are not going to come when called. Either way, it's a good threat to the management company and the neighbor. "Park here once more and impede my own access and I'll have you towed". Simple as that.
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Old 06-07-2019, 05:22 AM
 
10,746 posts, read 26,030,489 times
Reputation: 16033
Quote:
Originally Posted by ddrhazy View Post
Just because a complex has an agreement with a certain tow company doesn't mean others are not going to come when called. Either way, it's a good threat to the management company and the neighbor. "Park here once more and impede my own access and I'll have you towed". Simple as that.
It’s never smart to threaten your landlord.

Actually, in some areas; yes it does.

Those places that have contracts have signage stating which company services their community.
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Old 06-07-2019, 07:48 AM
 
2,928 posts, read 3,553,677 times
Reputation: 1882
Upon rereading the OPs mess of an explanation, it seems the parking issue is moot as he was effectively kicked out of his garage. I wouldn't start threatening now that I understand the situation better.

OP, how were you even given access to the garage? Did the previous property manager give you a remote or a key? Is this an attached garage and D tenant 's house is accessible through it?

Is management demanding you still pay rent for the garage even though they took away your access to it?

Too many unanswered questions to give good advice.
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Old 06-07-2019, 01:15 PM
 
Location: Raleigh
13,713 posts, read 12,443,102 times
Reputation: 20227
Quote:
Originally Posted by Kim in FL View Post
Does your current lease state your renting the garage or do you have an addendum to the lease? The lease with your old manager is valid until it expires at which point the new manager will want you to sign a new one with them. At that time they can say you no longer have access to the lease.

You need to sit down with the manager, show him all your documents. It’s not your fault they offered a already rented garage to a new tenant. They can’t just take the garage that is currently being rented to you.

Don’t stop making payments, that’s a fast track to eviction. You can call a tow truck, but they won’t tow because you’re not the property owner. Moving, if you can’t deal with the outcome, might be your only option.

You can also consult with a lawyer, the first visit is usually free.
Its valid even after it expires, unless they change it in writing.

I agree, OP needs to visit the manager and show them that he has a lease for the garage for $100 a month and if they aren't going to enforce it, that he'll be reducing his payment. And of course document every conversation with an email/letter.
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