Legal Question in Real Estate Law in Nebraska

Parking Problem

I have a problem - I live in an apartment complex and I was just told that I could not park my vehicle in the parking lot by my apartment I have to park it in a different lot about a 1/4 mi. away because I drive a company vehicle that has ladders on top. The lady says it is to dangerous for other tenants. I have no idea what this really means because the ladders on my van or on a ladder rack, locked down at all times when they are not in use, and do not hang over the vehicle more than 2 feet. The van I drive is a 2000 Ford F-250 so its new and not rusting out or looking like trash. So I dont understand what the deal is. One other thing, I looked over my lease and the only provision they have about vehicles in it says:

''The parking of boats, trailers, or any vehicle deemed unsightly in the opinion of the Landlord within the limits of the apartment grounds is strictly prohibited.''

So does this mean that whatever vehicle ''they'' may not like can be removed from the property?

Thanks in Advance


Asked on 1/23/03, 7:35 pm

1 Answer from Attorneys
William Jones William P. Jones, Attorney-at-Law

Re: Parking Problem

This is probably not worth the money it would take for you to obtain a certain answer. As far as I know, the limitation on a landlord's ability to make rules for tenants use of community property and to regulate their use of leased property is that they be "reasonable" and that tenants have reasonable notice of the regulations. I am unaware of any Nebraska appellate cases that construe parking regulations. I think you could make an argument that a work van in good condition is not "unsightly" and not within the rule. I think the safety argument would depend on the height of the ladders and how likely it is that someone would "bean" themselves trying to walk under them, as well as how well they are marked.

I would advise you to charm someone higher in the organization than your manager into giving you the okay. Especially if the management company ever has service vans park in the lot while they are working on the complex. Good luck

Bill Jones

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Answered on 1/27/03, 6:13 pm


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