Parking space assignment

[Sam Leon]

I am having a bit of trouble with parking spaces.

On a fourplex with only four 2/1 apartments, I have four parking spaces - unassigned.  Simple.  One parking space for each apartment.  Never an issue, never a complaint.  Everyone knows there is one space and one space only.  End of story.

On a triplex with two 1/1s and one 2/1, I have seven parking spaces, I have never assigned spaces, although in the lease I stated the parking space allocation is one space per bedroom, and the rest is guest spaces, and I reserve the right to assign spaces in the future.

Now, even there are seven spaces, that's not seven single spaces.  It's actually three regular spaces, and two double depth spaces that could be used to park boats or RV.

Trouble started when I had a turn over recently, the new tenant has a personal vehicle and a work vehicle.  I made it clear I would let that tenant (apartment 1) park in one of the deep spaces with both vehicles. 

It appears that apartment 2 feels that with apartment 1 getting a double space allocation is not fair and he started to park in one of the deep spaces - which is not a big issue because there are plenty of spaces anyways.

Now apartment 3 is a 2/1 so the couple gets two spaces and they typically park in spaces 1 and 2, and apparently the new tenant in 1 decided to go out one night, pulled out his work vehicle into space 2 (which "belongs" to apartment 3), and drove off with his personal vehicle.  Apartment 3 came home and felt her space taken, and hence parked into the space normally taken by 1.

The next weekend apartment 3 had a party with several guests and one of the guests parked in someone's spot...one thing led to another, now there is a problem and I am hearing it and getting forwarded texts about who said what to whom.  I am a landlord not a baby sitter there are seven spaces and between the three units they can't work it out.

So my only option now is to assign spaces.  And I know once I do that all three units will complain because they lose some flexibility,  yet two of them asked for assigned spaces without knowing it may not be in their best interest to ask for that.

What I want to find out from fellow landlords is when you transition from parking anywhere to assigning spaces, what are some things to do to make the transition easier?

(1) Are there any new clauses or amendments you need to make in your leases?  Right now it says "allocation of 1 space per bedroom..." do I need to modify anything there?

(2) Is it essential to paint the unit number on the concrete stop bar?

(3) If they don't follow the assignments, what then?  Do you warn them?  Tow the car?   I am not there, so let's say at 11pm Friday night if apartment 1 calls me and say apartment 2 is parked in his space, do you just tell him to park in apartment 2's space or tell him to knock on apartment 2's space to try and talk it out, or is this now my issue?  I try to not assign spaces initially but if I do assign them I feel like I am now assuming the responsibility of enforcing which car goes where. 

(4) Now what happens if apartment 2 knowing that he will have a party or overnight guests on one weekend decides to park his car into a guest space, so that his guests can park into his assigned space?  Is this a violation of the assignment?

I haven't done the assignment yet, I am now thinking through all the potential issues.  May be it's inevitable but I feel this is not really a true shortage of spaces but people not getting along and the parking spaces is where they push their boundaries.

[Marcia Maynard]

You can not change the terms of the lease agreement mid-term unless the parties to such agreement mutually decide they want to. So I would talk with all three parties about the dilemma and ask all three parties what they think would be a fair resolution. By including the tenants in the discussion and problem resolution process, they will take greater stake in abiding by the decision. Come to a consensus and get it in writing. Write an amendment to the rental agreement and secure the sign off of all parties involved.

I would be inclined to not allow guest parking on the premises, especially if there is sufficient street parking available. I would be inclined to assign one deep space to each of the 1/1 tenants and two regular spaces to the 2/1 tenant. The extra regular space could be available to any of the tenants for short term use, on a first come first serve basis. Then the tenants who use the deep spaces would have a space to pull a vehicle into when they are jockeying position of their vehicles. Or the extra space could be assigned to personal service workers, should a tenant need an accommodation for a caregiver or other such worker. Better yet, assign the extra space to you, the landlord, so you and your maintenance team have a place to park when servicing the property.

Mark the spaces with the unit number. Post signage stating "No Guest Parking". If you have further trouble, then secure a contract with a local towing company and post the necessary signage for the ability to tow if necessary. Proper signage is usually enough to encourage people to park properly.

Any time a tenant does not follow the terms of the lease or rental agreement, you should address it. You can be congenial and just call or text them with a reminder and make a note of it in their tenant record. Or if they are defiant or are a repeat offender, serve them a "Notice to Comply" or the equivalent for your jurisdiction. The key is being upfront and clear about what the tenants need to do to comply.