What can we do if my husband is required to bring his company truck home at night, but our landlord won’t allow it?

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What can we do if my husband is required to bring his company truck home at night, but our landlord won’t allow it?

My husband and I live in an apartment (landlord above us), and we signed a tenant-at-will agreement. My husband was laid off and finally found a job (he’s a plumber). His job requires him to take his work truck home overnight. We have 2 parking spaces in the driveway in front of our door (the landlord has their own driveway so this is not a space issue). Basically our landlord said that we cannot park the work truck in our 2nd spot. My husband was let go of a previous job because of this.

Asked on February 25, 2011 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have have two spots, you should be able to use the 2nd spot as you like, UNTIL the landlord puts restrictions on it. As a tenant at will, the landlord can change the terms on the tenancy on proper notice, typically one month. Once the landlord does that, you will not be able to park there; the employer's requirements do NOT bind the landlord and the landlord is not required to take them into consideration. Since the landlord can stop you from parking a work truck in the driveway, you need to look for some other solution: can you park on the street? Rent a parking spot at a lot or even from a neighbor? offer the landlord another $50 a month to park? Etc.


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