What are a tenant’s rights to park in non-reserved spaces?

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What are a tenant’s rights to park in non-reserved spaces?

My apartment complex has 8 parking spaces for 8 apartments. Across from our building is the apartment office. There are no reserved parking signs. I parked in front of the office because there are always 4 empty spaces and all the spots were taken in front of my apartments. The landlord woke me up at 6 am in the morning threatening to kick me out if I park there again. Can he do that?

Asked on September 8, 2012 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless your lease prohibits you from parking in that spot, or specifies the only spots that you can park in, you may not be evicted for parking in that spot: a tenant may be evicted for violating the terms or provisions of the lease, but not for violating strictures which are not in the lease. The landlord could, however, have your car towed for parking in the spot in front of the office, since those spots are for people  visiting or working at the office, not for tenants.


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