Legal Question in Real Estate Law in New York

Help with garage rental

I rent an apartment (4+ yrs) & a garage (1+ yrs). I have kept a vehicle parked in the driveway for over a year now. The driveway is the only access to the garage that I rent and noone else needs to access the garage via that driveway. The landlord is now saying that the driveway is a common area and my vehicle must be moved. Is this correct? I keep getting "You are parked illegally" notices placed on my window and they state that this vehicle will be towed with no further warning. I might also add that another party rents the garage (& parks in the driveway) next to mine from the same landlord and they have not been asked to remove their vehicle. I feel like I am being singled out. What are my rights?


Asked on 9/17/00, 3:23 pm

1 Answer from Attorneys

Jason Stern Law Offices of Jason Stern

Re: Help with garage rental

The most cost-effective thing for you to do is to have an attorney write a letter to your landlord advising him of his liability if your car is towed or damaged. This may preclude further harassment. If the landlord has the car towed anyway, take the LL to small claims court. Or, you could just park the car in the garage and save yourself the stress. If you need assistance, you can call me at 212-208-2470. Best of luck!

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Answered on 10/18/00, 3:20 pm


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