Landlord implement a parking system and is charging 10 for a parking decal

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Landlord implement a parking system and is charging 10 for a parking decal

We live in an apartment community and the landlord company implemented now a new ‘parking system’ which I think is just to make more money with the residents. Residents are forced to register their car and buy for 10 a little sticker that we need to put on our car otherwise our cars will be towed. Our leasing contract doesn’t say anything about it and they decided to implement that ‘system’. I have not asked for it But since it is sometimes difficult to find a parking spot that is not 5 buildings away from our apartment, I recommended 3 years ago to just assign 1-2 parking spots per apartment some guest parking spots. Is it legal that they force residents now to pay 10 for that parking decal for something they decided to implement? Thank you for your advice

Asked on December 22, 2016 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have a written lease which states that you get a parking spot or spots with your rental, they cannot charge you for the privilege while that lease is still in effect, since to charge you for what you had been getting free would be to change the terms of the lease, which they may not do. (They may require you to register your car or get a decal: that does not alter your rights or what you are getting under the lease.) When the lease expires, however, the renewal can include a parking fee.
If your lease does not guaranty you parking, however, then parkting is not part of the lease and they can charge you for it, since they were not obligated by the lease to provide it.
 


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