Is My Landlord Allowed to Take Away my Parking Spot?

Can My Landlord Remove my Parking?

Under California law, landlords must have “just cause” to remove or no longer offer certain services that are normally available to a tenant, like a parking space or spot. This right extends to storage space, whether it’s part of the unit / building or a separate area (a shed, for example).

Examples of “just cause” that can justify the need to remove parking from a tenancy include:

• Government regulations – there may be changes in local ordinances that alter / impact availability of parking in the area
• Property renovations – the property is undergoing major renovations or necessary repairs that are required by law
• Lease violations – a landlord may be justified in taking away your parking if you are violating the terms of your lease concerning your parking spot / privileges (causing damage to the area, renting out the spot without permission from the landlord, etc.).

There may be other reasons to justify a landlord removing or severing a tenant’s access to an assigned parking area. This is why legal advice is important if you suspect that your landlord has illegally taken away your parking space.

What are my Rights if my Parking is Removed by my Landlord?

As a general rule, it is illegal for landlords to deny parking to a tenant when it was specified in the lease or previously included in the tenancy. As someone whose parking space was taken away by your landlord, you may grounds to file a claim with your city or county’s Rent Board for a rent reduction. Some landlords may offer a reduction on their own, which would be the right thing to do. However, the Rent Board is there to help if your landlord is unwilling to offer a remedy for the fact that you no longer have a place to park your vehicle.

The actual amount of reduction from the rent depends on various circumstances. In some rental agreements, there is a previously agreed upon amount for the service, which is charge in addition to or as part of the monthly rent. In this situation, you can easily deduct that specified amount from the rental fee.

More often than not, the monthly rent includes parking and does not specify what portion of the rent goes towards an assigned space. In that case, the rental reduction will need to be determined on a case by case basis. You can help with the process by presenting evidence of parking rates in the neighborhood, what landlords charge tenants for the same service in the area, and other facts that can be used as a comparison.

When a Rental Reduction if Denied for Removal of Parking

Some tenants / renters will not be eligible for a rental fee reduction because they no longer have access to a parking space. These circumstances include:

• If the space is provided to the renter after the tenant’s occupancy, i.e., parking was not guaranteed in the lease, and the additional rent for the service was not charged to the tenant.
• The tenant does not reside in the building/ unit where the parking space is located

A lawyer with experience in tenant rights can review your lease and other relevant details pertaining to your case and verify your eligibility for a rent reduction after the removal or parking by your landlord. A lawyer can also verify whether your landlord took the right steps to notify you of the parking removal.

For example, notice to suspend, remove, or restrict specified services generally have to be in writing, with sufficient notice so that the tenant has time to make other arrangements. Landlords are also prohibited from retaliating against their tenant for insisting on a rent reduction or seeking such a reduction from the Rent Board.

If you believe that your landlord has illegally taken away your parking spot or violating your tenancy rights in some other way, contact our law firm 24 hours a day, 7 days a week.

Free Consultation with a Renters’ Rights Lawyer

Tenants can deal with a wide variety of headaches when it comes to a rental property, but there are laws in place to protect you when your landlord is undermining your rights. Our legal experts are here to guide you and ensure that you are not taken advantage of in a landlord-tenant dispute.

If you have grounds to file a lawsuit against your landlord, you don’t have to pay us upfront, as we operate on a contingency fee basis. Our payment is collected at the end of your case, and only if you receive compensation in the form of a settlement or jury verdict. If we don’t bring you a successful resolution, you pay us nothing under the terms of the Zero Fee Guarantee.

Contact DTLA Law Group today and schedule a free case evaluation at your earliest convenience.