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Old 03-25-2014, 04:08 PM
 
Location: Chicago
89 posts, read 264,571 times
Reputation: 137

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I rent an apartment, 1 unit in a 3-flat building with a 2 car garage and 1 parking space. A tenant in another unit in the building rents the other parking space. I don't spend a lot of time at the place, which is irrelevant since I am still paying the full amount for it, but this is important in understanding the story.

The person who rents the other parking space has parked in my spot before (since I am rarely there). When I do show up, I am unable to park in my space because he is using it. Our garage is small and our landlord expects we will be respectful adults, so there is no contract with a towing company to remove illegally parked cars within our garage (and tow truck cannot tow without one). However, he continues to be parked in my spot every time I show up. I have talked to him about it and so has the property manager. He "promised" he wouldn't do it again, but he has.

I told my landlord/property manager I am no longer going to pay for the spot, as I am never able to access it, until they set it up with a towing company that I am capable of towing his car if he parks in my spot. In most large garages, this system would already be set up, but as I mentioned, our garage is so small the landlord hasn't bothered. So, I'm saying I WILL pay AS SOON AS they provide the capability to tow a car that is using my spot. But I WON'T pay if I cannot tow because it means I cannot access the spot.

Can the landlord successfully sue me or damage my credit report if I don't pay for the spot?
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Old 03-25-2014, 04:11 PM
 
Location: The Triad
34,088 posts, read 82,920,234 times
Reputation: 43660
Quote:
Originally Posted by Anne C M View Post
I told my landlord/property manager I am no longer going to pay for the spot
Can the landlord successfully sue me or damage my credit report if I don't pay for the spot?
yes.
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Old 03-25-2014, 04:14 PM
 
3,805 posts, read 6,353,637 times
Reputation: 7861
If space allows, next time park behind him and block him in. Then be "unreachable" for at least 24 hours.
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Old 03-25-2014, 04:31 PM
 
Location: northwest Illinois
2,331 posts, read 3,211,994 times
Reputation: 2462
There are MANY ways to make a person NOT want to park in your spot, but you may need to get a little ballsy.
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Old 03-25-2014, 04:40 PM
 
Location: Chicago
89 posts, read 264,571 times
Reputation: 137
Quote:
Originally Posted by midwest61021 View Post
There are MANY ways to make a person NOT want to park in your spot, but you may need to get a little ballsy.
He does have some stuff stored in my half, which I guess I probably could throw out as retaliation since its "my" part. I'm trying to be civil, though. All I want is to be able to park in my spot that I'm paying for OR to not have to pay for it anymore if I am prevented from parking there.

I'd just tow him and be done with it, but no tow company will remove a car from a private garage unless they've been authorized by the property owner/manager to do so.
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Old 03-25-2014, 04:53 PM
 
Location: Simmering in DFW
6,952 posts, read 22,679,222 times
Reputation: 7297
Get a lawyer to send a demand letter to your LL for rebate on rent for not enforcing rules regarding your reserved parking. Somehow you need to get his attention. This is your LL's responsibility to enforce the rules and you certainly should not be engaging with this trespassing neighbor.

However, I must say I would also place another vehicle behind the one that blocks your space if there was any way to block it.
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Old 03-25-2014, 05:13 PM
 
Location: Riverside Ca
22,146 posts, read 33,503,954 times
Reputation: 35437
Quote:
Originally Posted by Squirl View Post
Get a lawyer to send a demand letter to your LL for rebate on rent for not enforcing rules regarding your reserved parking. Somehow you need to get his attention. This is your LL's responsibility to enforce the rules and you certainly should not be engaging with this trespassing neighbor.

However, I must say I would also place another vehicle behind the one that blocks your space if there was any way to block it.

This^^^^^

Here is what i did. I have a property in a city and parking is REALLY at a premium. The tenants who parked in the garage often had the apron blocked by inconsiderate neighbors or friends of neighbors. I got one complaint from the tenants about a neighbor constantly parking his Ferrari or HUMVEE blocking the garage. So I took care of it. I called a tow company and assigned them the contract to tow any vehicle my tenants call and need towed. They towed a few. At first the tenants were worried of retaliation. I told them to tell anyone who got towed and came asking it was their Ahole LL who got a tow service and is towing anyone other than tenants who park there.I had a few people give me dirty looks but that's fine. Nobody parks blocking the garage anymore. And they haven't had to call the tow service in a year.

All the tenant has to do is meet the tow truck driver outside a few houses down with lease and a ID in hand and they can tow. I used to have it where anyone parking there that wasn't on the safe list was towed but when my tenants gave me a two page safe list I told them no way. We will do it where YOU guys call and say I did it. All were ok with the arrangement.
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Old 03-26-2014, 11:30 PM
 
Location: North Carolina
1,764 posts, read 2,864,172 times
Reputation: 1900
You probably can't withhold rent and you don't want to set yourself up for that legal battle.

Do you think the guy parking there is being flirty or passive/aggressive or just obnoxious? What does he get out of parking in your space versus his own? If you can get to the crux of the matter you might be able to figure out how make him stop.

Good luck to you.
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Old 03-27-2014, 08:33 AM
 
Location: Chicago
89 posts, read 264,571 times
Reputation: 137
Quote:
Originally Posted by mjd07 View Post
You probably can't withhold rent and you don't want to set yourself up for that legal battle.

Do you think the guy parking there is being flirty or passive/aggressive or just obnoxious? What does he get out of parking in your space versus his own? If you can get to the crux of the matter you might be able to figure out how make him stop.

Good luck to you.
He's just an entitled slob. He's lived there for 3 years and uses his entire half of the garage for storage (hoarders style), so the only place to park is on my side. He has a good relationship with the property manager, having been there for so long, and she's let him get away with it previously with no fines or repercussions. He lies about doing it, moves his car then sends her pictures, claiming I have plenty of room to park.

I talked to a tenants rights organization and an attorney and was able to get the property manager and landlord to VERY bitterly agree that I can stop paying. They were totally rude to me the whole time, defending the guy who parks in my spot and treating me like a monster. I have this in email and she said she will send me something more official in writing when she returns from vacation.

Thankfully I only have 3 more months at this place and I never have to see or speak to them again. Thanks for all the advice everyone.
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Old 03-27-2014, 08:42 AM
 
Location: North Carolina
1,764 posts, read 2,864,172 times
Reputation: 1900
Hi again, I am sorry you are going through this. It sounds like you've done all you can do to get him to listen to reason. I hope you find someplace else where you have your fair share of parking and a more reasonable neighbor.

All the best.
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