Legal Question in Real Estate Law in California

Parking

I live in an apartment complex where it is impossible to get parking. I was wondering if the property management, or the corporation that owns the property has a duty to provide sufficient parking for its residents. I also wanted to know what I could do if they refuse to do anything about the problem. I often spend 30 minutes (and sometimes much longer) trying to find parking at a place where I pay a significant amount in rent. Is there anything I can do? Thank you.


Asked on 10/30/06, 10:40 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Parking

I'd say probably not. With few exceptions, the landlord's statutory duties are limited to giving you, the tenant, quiet enjoyment of the premises described in the lease. There is no guarantee of parking space unless parking is one of the things leased to you, just as there is no guarantee of a boat ramp for your boat, heliport for your chopper, or even that the bus will continue to stop a block away as it did when you rented.

On the other hand, many communities require certain buildings to provide one or more off-street parking spaces as a permit condition, or perhaps there are other local ordinances that may be helpful to your cause. You would have to determine this on a city-by-city basis, maybe a neighborhood or zoning-area specific basis, and a lawyer answering from afar wouldn't be able to point you in the right direction.

I suggest doing some research to see if your community has an ombudsman, or a tenants' rights organization, or even if City Hall has an inquiry or complaint department.

Personally, I can report that I once lived in an apartment that not only didn't have parking, it wasn't even on a street - it was on a stairway on a hill in San Francisco. I was NEVER able to park within 1/2 block of my apartment because there wasn't a street, and often had to park three or more blocks away. It was the best place I ever lived for that (youthful) period of my life, and I never dreamed that the landlord owed me a parking place - places in that neighborhood with one-car garages went for 50% higher rent.

Besides, before you signed the lease, didn't you check things out?

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Answered on 10/31/06, 12:15 am


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