Ismy contract still valid even though construction took place leaving me without a parking spot?

My parking spot became unavailable when construction took place for 4 months and lessor did not mention construction would be occuring at the time the contract was formed; alternate parking was not provided and I had to use daily parking. In the meantime monthly parking became available elsewhere and I wanted out of the contract (which was for 1 year) he had 4 months to find someone new and he wouldn’t let me out of it.

Asked on November 1, 2011 under Real Estate Law, Massachusetts

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your written contract is still valid regarding the parking issue depends upon what the agreement states in that it determines the obligations owed to you by the landord and vice versa in the absence of conflicting state law. As such, you need to carefully read the agreement.

However, if you were not able to use the parking spot due to the construction that you write about, then an argument can be made that due to "frustration" of the terms of the agreement where you could not use the parking spot for four (4) months, then your obligations under the agreement should end. You had to get alternative parking during this time period.

Good luck.

 


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