Legal Question in Landlord & Tenant Law in California

Apartment Complex, Parking Permit and THE BOOT

Can an Apartment Complex require residents to pay for a permit to park in their OWN space, if not originally required in lease, and the lease has not expired?

We received a notice that the new management company was instituting a new parking permit program. Our lease had not yet expired, and we were a little upset. I was going to take care of it but as life got busy we forgot about it. And then 5 or 6 weeks later. We were booted in OUR OWN parking space without warning. the notice about the permit program DID NOT STATE we were subject to tow or immobilization. There are no signs to that effect and the complex had our car information on file.

Shortly after the booting my daughter had an accident and had to be airlifted to a hospital. The boot delayed our ability to get to the hospital.

Please advise.

Thanks,


Asked on 5/14/04, 1:16 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Apartment Complex, Parking Permit and THE BOOT

Does your lease address parking spaces? Your instincts are correct, the landlord cannot unilaterally change the terms of the lease. Were parking spaces available to you other than the one you felt was "yours?" What do you mean you were "booted?"

Your delay in getting to the hospital is sad, but probably not the basis for recovery. Such damages would probably be considered too remote.

Feel free to email or call with more details.

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Answered on 5/14/04, 1:28 pm


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