Legal Question in Real Estate Law in Florida

Parking spaces between 2 buisnesses

We lease business property along with other businesses and have to share a main parking area. We both lease from the same landlord. The business across from me has 1 employee . We have 8 employees. Recently this business took on another partner and now there are 2 people which need a parking space as well as for walk in business which we have also. This neighbor has instructed my employees that they are not to park on his side of the parking lot or he will have them towed. There are no desinated areas for either business. He wants us to park on the other side of another business if we have to use more than our share of spaces. We have mostly women who come in at dark and leave at dark and the area we are in is not that safe. Because we lease these buildings, does he have the right to yell at us and have our cars towed? We cant park behind our building because we have 3 delivery trucks which park there. What are my rights? Can he in fact do this? Can he buy signs designating his particular parking areas since he does not own the buildings?


Asked on 1/13/02, 7:43 pm

3 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Parking spaces between 2 buisnesses

Call your landlord. Do not waste time with adjoining business owner. If the leases are silent on the topic, then the neighbor will have a liability exposure for damages that he may cause.

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Answered on 1/14/02, 2:22 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Parking spaces between 2 buisnesses

One would have to read the lease agreement for each tenant. The lease agreements control. Unless your neighbor has exclusive right to the parking spaces he proclaims belong only to his employees and customers, his threats are legally insupportable and he may be opening himself up to liability if he has your employees' cars towed. Furthermore, he probably does not have any right to erect tow-away signs or any other signage that suggests the subject parking spaces are exclusively designated for his business, unless the lease specifically provides for that.

Do not waste your time arguing with your neighbor. Contact your landlord. The landlord should be the party attempting to resolve this dispute. Should you have any other questions or require legal counsel, please call my office. Good luck.

Peter A. Gonzalez

Coral Gables, FL

305-445-0937

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Answered on 1/13/02, 9:22 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Parking spaces between 2 buisnesses

Generally, your rights are determined by your lease. Assuming your lease is silent and generally grants you parking space, your neighbor can yell all he wants. Notify your landlord to step in and resolve this.

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Answered on 1/13/02, 10:28 pm


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