Legal Question in Civil Rights Law in Florida

Apartment Complex Parking

I live in an apartment complex. I pay $85.00 a month for

the privilge of having my own garage because parking

is at a minimum. For the third time in the past two

months I have been blocked in my garage by an

inconsiderate resident or visitor. I understand that the

complex is private property and I do not have the right to

call a tow truck. The manager tells me that her lawyers

do not want her to have cars towed. What are my

rights? What can be done to prevent me from being

held hostage in my rented garage?


Asked on 3/29/04, 12:07 pm

1 Answer from Attorneys

Re: Apartment Complex Parking

I am not a real estate attorney so I can not give you chapter and verse on your property rights. I do think you could sue, though, because the landlord is breaching the contract between you and him to provide a usable parking space.

However, that is time consuming and costly. If you have not tried already, the better way is to diplomatically deal with the landlord. Try to come up with positive solutions such as the landlord posting and sending notices to all tenants about the matter, and letting them know that towing might become the solution. Do not be accusatory or impolite. Just explain to the landlord that you, like everyone else, pay for your spot and would appreciate the other tenants' cooperation in ensuring that you can use it as it was intended.

If that does not work, you can move up to a threat of legal action and eventually, have a lawyer contact the landlord.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.

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Answered on 4/06/04, 10:39 am


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