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Updated almost 5 years ago on . Most recent reply

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12
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Melissa T.
1
Votes |
12
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Lease Agreement unclear on Parking situation

Melissa T.
Posted

I am managing property for a client. The client would like their tenant to not use the garage as storage. She would like them to park their car in the garage. There are issues with congestion on the street and the house is a 3 family. One unit has been vacant for a long time and won't be for much longer. This is going to create an issue with cars at the house as she chooses to park outside the garage. Two cars will fit in the garage and one can be parked on the side by the vacant unit.

The problem I'm having is that the owners lease does not say that the address is a 1bdrm/1bathroom/with one car garage or really any identifying factors about what the signed lease agreement is for. My leases for other clients (hers will be updated when this one is ends) have specific property identifiers including how many spots, where (garage or off street), and what the property is in terms of bedrooms and bathrooms.

We told her to please park her car in the garage she complained the door slammed shut. We had a garage company come out and fix the door. We even offered to let her move her things into another area on the property. She responded she still doesn't want to park in the garage because it's not a motorized door with a button for her to press inside her car. She also said she doesn't want to move her things to the other area because of concerns about mildew.

Do I have a leg to stand on if her current lease says nothing other than the address about what she is leasing?

Input is appreciated. We're trying to play nice but she's not making it easy.

Thanks!

Most Popular Reply

Account Closed
  • San Jose, CA
3,246
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Account Closed
  • San Jose, CA
Replied
Originally posted by @Melissa T.:

I am managing property for a client. The client would like their tenant to not use the garage as storage. She would like them to park their car in the garage. There are issues with congestion on the street and the house is a 3 family. One unit has been vacant for a long time and won't be for much longer. This is going to create an issue with cars at the house as she chooses to park outside the garage. Two cars will fit in the garage and one can be parked on the side by the vacant unit.

The problem I'm having is that the owners lease does not say that the address is a 1bdrm/1bathroom/with one car garage or really any identifying factors about what the signed lease agreement is for. My leases for other clients (hers will be updated when this one is ends) have specific property identifiers including how many spots, where (garage or off street), and what the property is in terms of bedrooms and bathrooms.

We told her to please park her car in the garage she complained the door slammed shut. We had a garage company come out and fix the door. We even offered to let her move her things into another area on the property. She responded she still doesn't want to park in the garage because it's not a motorized door with a button for her to press inside her car. She also said she doesn't want to move her things to the other area because of concerns about mildew.

Do I have a leg to stand on if her current lease says nothing other than the address about what she is leasing?

Input is appreciated. We're trying to play nice but she's not making it easy.

Thanks!

 Here's my opinion:  If your lease doesn't specify anything, then your behavior sets the rules.  So, you allowed your tenant to put her stuff in the unit and park outside it.  This has been going on long enough, apparently, that this has become the norm.  Your behavior has created lease terms saying that the above is the accepted agreement.

In my opinion, if I was your tenant, I also wouldn't want to have to move my stuff somewhere where there might be a mold issue, or park my car inside a garage where I had to fight the garage door.  So, from the way you described it, I don't think asking this tenant to do what you want is reasonable, based on the terms you have established.

I'm not clear on what you expect this tenant to do or the other tenants, but it seems unreasonable.  Are you expecting tenants to share a garage?

Take a breath and pretend you are one of these tenants and what would be reasonable and fair to you.  As I say, I don't completely understand what you are expecting these tenants to do, but my sense is that I would never agree to what you are proposing if I was an applicant for one of these units.  I think you need to figure something else out, or put yourself in the position to only attract tenants who are desperate enough to say they will agree to anything - then your problems begin after they are given a key.

Tenants who accept terms that most tenants won't accept - are problem tenants who can't find anything better.  If you offer weird terms, you'll get weird tenants.

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