Can rules that are not in my lease be enforced?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can rules that are not in my lease be enforced?

The landlord is stating that we can not park in a specific area and that if we do we will be towed, but in my lease, there are no rules pertaining to parking

Asked on February 13, 2012 under Real Estate Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there is a written lease, then each party is obligated to do those things--but only those things--contained in the lease itself. Neither party may unilaterally (or without the agreement of the other) add any additional restrictions, obligations, etc. The only exception would be if the lease, by its terms, made reference to some external set of rules (e.g. house rules), which contain a parking restriction; or if the lease specifically gives the landlord the power to later enact certain rules. So from what you write, it would seem that the landlord could not add this parking restriction.

Note, though, that if the area is one in which it's illegal to park in for other reasons--e.g. it's blocking the entrance to a garage or parking lot; it's a no-parking zone generally; etc.--then you could not park there.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption