Can I be evicted for “continually occupying2parking spots after being verbally warned” when the vehicle was a guests and not mine?

UPDATED: Sep 12, 2011

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Can I be evicted for “continually occupying2parking spots after being verbally warned” when the vehicle was a guests and not mine?

I have had a guest that 1 time parked in 2spots and my landlord texted me asking if it was my guest’s vehicle and if he could please park it properly. We fixed it and in my opinion did not park it in “2parking spots” again thereafter. My landlord continued to harass me via text regarding this vehicle and taking pictures of it and the way it’s parked threatening to tow it or evict me. The other times he took pics of it the vehicle was notparked in 2 spots and another vehicle was able to park next to it. The vehicle is no longer on the premises (it was a temp work vehicle for my guest).

Asked on September 12, 2011 under Real Estate Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease agreement concerning your rental, read it carefully in that it controls the obligations that you owe the landlord and vice versa in the absence of conflicting state law. Read the agreement carefully regarding the basis for termination of your lease by the landlord in that its express provisions (assuming there is a provision regarding the lease's termination) will most likely answer your question.

If the vehicle that was allegedly parked improperly was yours and was allegedly parked improperly on a handful of occassions, most likely your landlord cannot terminate your tenancy because of this assuming you are current on your rent.

The landlord's recourse would be to have the alleged illegally parked vehicle towed.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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