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Me and my boyfriend live in an apartment building. We’ve lived here for about 4 months. We both signed the lease and the signature that the landlord provided was already signed so we didn’t met. We still haven’t. On the lease it states that every tenant is allowed one parking spot and all others will be towed. At night and especially during the weekend there is no parking in our lot. My boyfriend has park on the street on the weekends because everyone who lives on the street park is in the parking lot. There are two spots on the lease that state parking will always be accessible to tenants. Which numerous times there was no parking. I have mentioned it to the landlord every month when I pay rent and she says she’s working on it. We’ve had this problem since we moved in. So my question is that a violation of lease by landlord. Legally what are my rights do I continue paying rent or do I stop until problem is solved.
Asked on May 21, 2016 under Real Estate Law, Connecticut
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, you have to keep paying rent. While this is a lease violation, it is not sort of violation (such as lack of heat; major mold, pest, or other health conditions) that legally justify a tenant in not paying rent. If you fail to pay, you could be evicted. What you can do is, if the landlord will neither provide parking nor give you some rent abatement or credit to compensate you for the lack of parking, is to sue her for compensation, such as the approximate monthly cost of secure parking nearby, or the difference in rental value between a unit like yours with parking and one without.
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