Legal Question in Real Estate Law in New Jersey

Rights

I rented a house with two parking spaces. We have one car; family or friends use the other parking space, when they come to visit. The landlord has been parking one of his cars in out second space for ten months. We are in the process of moving and we need that second space. We ask the landlord to move the car over a month ago and we get different story, went we ask when will the car be move. What are our options?


Asked on 8/05/02, 8:55 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Rights

If the lease specifically assigned these spaces to you, you can enforce the lease. However, by not doing anything for 10 months, you may have waived your rights. I suggest writing to the landlord by certified mail advising him of the situation and the need for the space, citing the lease provision granting the space. Check with the local police to see if they can issue a ticket against the landlord. If nothing else works, you may have to go to court to have the lease provision enforced. You could also claim damages for diminution of the value of the lease for non-access to your space.

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Answered on 8/05/02, 9:41 am


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