If our assigned parking spot was an illegal spot and so we lost it, what can we ask to our landlord to do?

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If our assigned parking spot was an illegal spot and so we lost it, what can we ask to our landlord to do?

Asked on September 27, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You should in theory receive some reduction in rent: that's because if you were paying in part for a parking spot and the landlord cannot provide it, he or she should reduce what you are paying by the appropriate amount; the landlord may not charge you for what it cannot or does not provide. You could also potentially seek a court order requiring the landlord to provide you a parking spot or possibly even pay for you to rent a nearby spot. Your exact remedies and recourse will depend on what the lease says and also what promises were made to you prior to you signing the lease--your case (and hence remedies) are much stronger if the lease states you will have a parking spot than if it doesn't; it is also stronger if you were told you'd have a spot in order to get you to sign the lease. You should consult with an attorney to discuss the situation and explore your options.


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