Is it legal that my apartment leasing office won’t give me a monthly parking permit because the car title is under my husband’s name?

They said their leasing rule is only give parking permit to titled car owner. I really get mad at their requirement because the car is my family’s asset, I have half ownership on the car.

Asked on September 26, 2015 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There is nothing illegal per se about this rule the law does not require apartment buildings to provide parking at all, and if they do, they may put essentially any rules they like on parking e.g. only to titled car owner not to large SUVs or other large vehicles one car only per family--even a rule that blue cars can't park there would be legal.
However, they are bound by the terms of their lease, and cannot impose restrictions not found in the lease or in the terms of any written rules or regulations to which the lease refers or which are incorporated into the lease. Check your lease and the written rules if the "only titled owner" rule is not in there and any resident/tenant can get a parking permit, they should have to give you a permit if you meet the criteria they can't arbitrarily add new criteria unless it's in the lease or rules and you may be able to sue if they won't give you one. A good first step is to ask the complex to point to the lease term or rule which they claim supports their action.


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