Can I limit number of parking spaces for my rental?

Question

How do I handle this situation? I have a tenant in Colorado Spring might be running a car repair business from my single family rental home? The tenant denies it but I found about 8 broken cars parked by the house. Can I request copies of car registration that belong to tenants on the lease and don’t allow to park additional cars? Thanks

Anthony Wick · Answer

@Thomas Wangdu

In addition to what everybody said; are the cars parked in your property or in the street? The city should also have ordinances about non running vehicles parked on city streets, or ordinances about home based businesses in residential areas.

Rachel H. · Answer

@Thomas Wangdu Yes, you should put something in writing and make sure it correlates with your lease. If they are running a business in a structure only made for residential purposes, you may see trouble from the city in the future. Good luck with everything!

Michael Noto · Answer

@Thomas Wangdu I would add an addundum to your lease that specifically states how many parking spots the tenant is entitled to and the vehicle make, model, and license plate numbers for those vehicles. This way everything is on paper and clear cut.

Alex S. · Answer

I have a clause in a contract that states no business can be run from the property, if this agreement is broken then the lease can be terminated. It’s your property you can set the rules that you feel are needed.

Colleen F. · Answer

I dont believe it has  to be in the lease that all vehicles must be registered and insured that is typically covered by local ordinance. You also probably have general lease terms that cover keeping the place in good repair that would cover improper parking.  You technically  cant stop him from having a larger number of registered /insured  vehicles unless it is in the lease. I always ask number of vehicle because some properties attract this type of tenant.

Send him a notice of the lease terms you think he is violating.  The burden is on him to prove he is not.

Sam Shueh · Answer

If registration, license not current, I will call city to have them ticketed. You should also post on your property parking space #, city code to be towed....

Thomas Wang · Answer

Thank you all.

Bill S. · Answer

@Thomas Wangdu so start with your lease. Hopefully it speaks to cars, parking, running a business, and other items that might relate. Secondly hopefully it speaks to following City ordinances. Usually, the City has ordinances/zoning requirements regarding parking, especially cars parked or stored on the property. Curb parking is more challenging but there is usually an ordinance requiring the cars be moved at some interval. The City might help you enforce that but be careful when enlisting the "help" of the City. They sometimes find it more convenient to site the owner and enrich their coffers rather than go after a deadbeat tenant.

All of that said, you can't change the terms of the lease during the lease. If your lease doesn't prohibit a business, limit the number of the cars, or something similar and the tenant is complying with City ordinances, there is really very little you can legally do so says the attorney that does my evictions.

With regards to running a business, this is extremely difficult to prove unless someone with first hand knowledge will rat him out. Perhaps and unsatisfied customer could produce a receipt or some similar hard proof. Historically the attorney says it's very difficult to get an eviction for anything but non-payment of rent.

You might get lucky if he registered his business name with the secretary of state and listed your property as the address of the business (very long shot).

Is he damaging the property? if so then go back to your lease which you should have something there regarding the tenant damaging the unit. You can probably issue a notice to correct for lease violation. This could start a paper trail which could eventually strengthen your case. If you decide to go that route, hire an eviction attorney and follow their instructions so you have a case when you get to court.

Finally, why do you care? Sure it's unsightly but unless you live in the property or have to look at it every day is that really a mountain you want to die on? It would easily cost your $10K (your attorney should confirm this) to enforce this issue. Is it really worth that?

Thomas S. · Answer

If in doubt you simply non renew a tennats lease when it is up. Best option is always M2M leases.

Thomas S. · Answer

As suggested have a clause that does not permit business operations, register tenant vehicles and have any vehicle that is not licenced and insured removed from the property.

Go with what you believe to be the truth not what your tennat says. If you believe he has additional vehicles issue the cure or quit notice immediately. It is your business and your property...you make the rules, you inforce the rules.

Can I limit number of parking spaces for my rental?

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