Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 10 months ago

Is parking not counted as a common area in a building? Parking stall is not in my sublet contract, but I need access to that. READ PLEASE:?

I have sublet a room in a unit (the tenant herself has a parking stall in the building, but parking is not in my sublease/sublet contract with the tenant who is also kinda my landlord in this situation). So although there is no parking in my contract, I wanna know if I have the right to have access to garage gates of the building for using the visitor parking area, or for renting another parking stall in our building, or not. The landlord says since parking is not in my contract, he is is not obliged to provide me with the parking gates access (even if I need that for visitor parking area in the garage, or for renting another parking stall in the building). He said residential parking is not a common area like other areas (such as the common areas of building lobby, gym room and disposal room in our building which can all be accessed by a normal fob key). Is this true? Do I really not have the right to have a type of fob key that has buttons for opening the garage gates although the main tenant of the apartment does have those kind of fob keys with buttons for opening the gates of the garage? I read that landlords do need to give all tenants access to all common areas of the building, and since for using the visitor parking area or renting a parking stall from another unit, I still need to have the garage access fob key, I wonder if I have the right to expect my landlord (in this case the other tenant who I have sublet the room from) to provide me with garage access, or not?

Update:

If parking is not a common area of a building then why the definition of A common area on wikipedia is mentioned as following?

Common area in real estate or real property law, the "area which is available for use by more than one person..." The common areas are those that are available for common use by all tenants, (or) groups of tenants and their invitees.

Common area - Wikipedia

https://en.m.wikipedia.org/wiki/Common_area

11 Answers

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  • 10 months ago
    Best Answer

    If your contract does not contain a clause for parking, then you have no claim to access the area. It is not a common area.

    Your landlord has not included parking access, so this is a moot point. And as a sub-renter, you have no access to the visitor parking.

    All you are entitled to is what is listed in your lease.

    • Nuff Sed
      Lv 7
      10 months agoReport

      "Common area" simply means it's not for the exclusive use of one tenant, but that it may be open for use of other tenants, as opposed to, say, "private" areas reserved for access by specifically authorized personnel. Not all common areas are equally common.

  • 10 months ago

    Parking spots are NOT common areas. They are leased to individual tenants, on a first come basis, usually one spot per apartment but that varies. There may be two and there may not be enough for all units. You should have asked when you rented the place. You are not a visitor. Park in one of those spots and you will be ticketed and towed away. There is never entitlement to parking. Park in the street. That's what left.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • 10 months ago

    If you rent another parking stall, then you should get the fob key for the garage from the person from whom you rent the parking stall, not the person from whom you rent the apartment.

    Since you are living in the building, you are not allowed to use the visitor parking. Visitor parking is just that -- for visitors only, not for tenants own use.

  • Erik
    Lv 7
    10 months ago

    You don't have a parking spot, so the landlord doesn't want to give you access to the parking lot, because he doesn't want you parking there. It doesn't matter if there are "visitor" parking spots, you're not a visitor.

    Unless you want to pay extra for a spot, which they probably wouldn't go for anyway. You have to think about this kind of thing BEFORE you decide to live there, not after.

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  • 10 months ago

    "Common area" simply means it's not for the exclusive use of one tenant, but that it may be open for use of other tenants, as opposed to, say, "private" areas reserved for access by specifically authorized personnel. Not all common areas are equally common and may be secured as the landlord deems appropriate (e.g., tenants only, specific tenants only, tenants or their visitors, any visitors, tenants with permits displayed, visitors during certain hours, etc). Still deemed a "common area" because an individual tenant has no exclusive control of it.

  • 10 months ago

    You are a sub-lessor...everything you've read about landlord rules is not going to necessarily be applicable.

  • 10 months ago

    So where are you parking? Check with code enforcement and find out the parking requirements at the time it was built. In my area you must have 1.5 spaces per unit.

  • Maxi
    Lv 7
    10 months ago

    The tenant who sublet to you is your landlord and their landlord already told you that you have no parking stall and doesn't need to provide you with one

  • 10 months ago

    Why do you keep repeating this.

    • river10 months agoReport

      I had never asked this question before. I had asked another question which was related to this, but not this question particularly.

  • 10 months ago

    If parking is not in your lease, then you have NO right to park there and your landlord is under no obligation to provide you with access to anywhere.

    You will have to park on the street

    • Nuff Sed
      Lv 7
      10 months agoReport

      Well, for one thing, your contract and your landlord/tenant laws would probably never actually refer to any wikipedia "definition". If you have a hallway serving your apartment, your landlord can still restrict access to that by locking the front door or the elevators. It is still a common area.

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