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Eviction over parking?

Anonymous
Posted by Anonymous
  • 87 Replies
Basically my husband prefers to back into our parking space. We have a crossover and it doesn't hang over the side walk, there's 9 inches of clearance.

In our lease it says "we ASK residents not to back into parking spaces", we are not the only ones who back in and have been told it's a safety issue because it blocks side walks. In our case it doesn't at all.

Is "we ask" legally binding? To me it sounds optional, but we got a warning we will get a 10 day. Our spot is across from the office. Within 15 spots of ours another car is always backed in.
Posted by Anonymous on Mar. 11, 2016 at 2:53 PM
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Replies (1-10):
MrsDavidB25
by Stacey on Mar. 11, 2016 at 2:56 PM
4 moms liked this

Who cares if it's legally binding.  They ask you not do it, yet you do it anyway. Just stop.

Anonymous
by Anonymous 2 on Mar. 11, 2016 at 2:57 PM
3 moms liked this
If you want to back in to your spot go buy your own house. They have rules and you need to follow them.
Anonymous
by Anonymous 3 on Mar. 11, 2016 at 2:58 PM

yes , that is why you got a warning . They are asking you to correct it. They have every  right to ask that . even if your car does not hang over onto the sidewalk . All they have to say to a judge is they are required to insure that their renters are complying with town or village laws or rules, they have already started a paper trail .

gkcathey
by Silver Member on Mar. 11, 2016 at 2:58 PM

They don't say "backing in is prohibited" so you can back in.  They can't evict you for parking, as long as you're parking within the lines and not obstructing other parking or walking paths.

Anonymous
by Anonymous 4 on Mar. 11, 2016 at 3:00 PM
1 mom liked this
They don't want you backing in. So don't. If you weren't going to follow the rules why did you sign a lease there?
PPCLC
by AZ Lizard on Mar. 11, 2016 at 3:00 PM

You've been given a warning so simply follow through and comply from now on.

A lot of residential places prefer that their tenants not back in to make sure that there are no unregistered/expired tagged vehicles. Not suggesting this is the case for you, OP, but that's one reason that many landlords and property managers give for having this rule.

TardisTraveler
by Silver Member on Mar. 11, 2016 at 3:02 PM
No. A lease must state "we do not ALLOW" or similar. A request is viewed as a suggestion.
Anonymous
by Anonymous 5 on Mar. 11, 2016 at 3:05 PM
3 moms liked this
Is there some actual logistical reason that backing in is this important?
Anonymous
by Anonymous 6 on Mar. 11, 2016 at 3:05 PM

I think it could be legally binding if they wanted it to be.  Why rock the boat if you like where you live? 

DragonGirl319
by on Mar. 11, 2016 at 3:05 PM

a landlord can basically evict you for anything.  It just depends on the time line given to move out. A major legal issue you can get 24 hours notice (rare), a minor issue such a parking can get you 30 days notice to leave, or a simple, I own this place and I just want my property back, can get you a 60 day notice.  If you've signed a lease, they are creating a paper trail with that letter so they can give you notice probably 30 days before lease expires that you need to be out at end of lease. If you are month to month, you will likely get a notice at the end of the 10 day notice to move out in 30 days.  Or they'll back off from the parking issue and just give you a 60 day no cause...  

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