Is it legal that my apartment leasing office won’t give me a monthly parking permit because the car title is under my husband’s name?

UPDATED: Sep 29, 2022

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Is it legal that my apartment leasing office won’t give me a monthly parking permit because the car title is under my husband’s name?

They said their leasing rule is only give parking permit to titled car owner. I really get mad at their requirement because the car is my family’s asset, I have half ownership on the car.

Asked on September 26, 2015 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

There is nothing illegal per se about this rule the law does not require apartment buildings to provide parking at all, and if they do, they may put essentially any rules they like on parking e.g. only to titled car owner not to large SUVs or other large vehicles one car only per family--even a rule that blue cars can't park there would be legal.
However, they are bound by the terms of their lease, and cannot impose restrictions not found in the lease or in the terms of any written rules or regulations to which the lease refers or which are incorporated into the lease. Check your lease and the written rules if the "only titled owner" rule is not in there and any resident/tenant can get a parking permit, they should have to give you a permit if you meet the criteria they can't arbitrarily add new criteria unless it's in the lease or rules and you may be able to sue if they won't give you one. A good first step is to ask the complex to point to the lease term or rule which they claim supports their action.

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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