Legal Question in Landlord & Tenant Law in Oregon
Parking rental and moving out
Hello,
I paid for a parking permit in November that is valid until June. I moved out of the apartment early and had to pay a lease termination fee, etc. Now they have already rented my spot to someone else and are saying that since I moved out my parking permit is no longer valid. There is nothing about this in either the parking or apartment lease. They are not offering me any refund, although originally someone at their office told me I could transfer it or get a pro-rated refund, now they are saying this was misinformation. I am willing to concede to that because it does say no refunds or transfers on the agreement, but I still think the spot should be mine until June. What can I do?
Thanks,
kevin
1 Answer from Attorneys
Re: Parking rental and moving out
Interesting question. I would tend to agree with you that if you have a valid permit through June, it should be valid through June.
What the contract terms are would boil down to the parol evidence rule and whether a termination of the parking permit coincides with the time of termination of residency would be contained in any written contract that you have. If the contract appears complete on its face, then explicit terms cannot be contradicted but the contract may be supplemented by consistent additional terms. There is the rub -- whether termination in this case is contradicting any terms or merely supplementing them.
They may have decent arguments that the apartment complex has limited spots for tenants, that they have to maintain the parking lot, etc., so it would be unreasonable to allow non-tenants in. What are their rules about letting guests non-tenants park? Is the lot secured or open?
You can keep parking there and see what happens (for instance will they tow you , send you a bill?). You could then argue your case when you're sent a bill. Or you could negotiate with the apt. complex that you will seek specific performance of the contract but you're willing to compromise if they refund your money (though the contract does not say this -- you are giving up your legal right to park there).