What constitutes due notice of parking policy?
July 14, 2010 2:20 PM Subscribe
What constitutes a legally binding agreement between an apartment complex and its tenant/what constitutes due notice of a landlord's parking policy?
I'm in Dayton, OH visiting friends. My car was towed last night from what we understood to be a designated visitor's spot in their apartment complex. From my friends' understanding, the spots located in the center section of the parking lot are for guests. They have lived in the complex for over three years, and have been verbally informed of this on several occasions. Apparently, all but one spot in what they were told was the visitor parking area are acceptable guest spots. This is where my car was parked when it was towed.
The signed parking agreement that the complex has on file indicates that the resident acknowledges to inform their visitors of where the visitor parking spaces are located and how they are marked. The agreement does not, however, indicate what designates a visitor's spot. When I asked why the parking agreement does not specify what designates a visitor's spot, they informed me that they circulated a "parking addendum" to the residents of the complex outlining the specifics of visitor vs. resident spots. This addendum is not signed and not in the resident's file. I asked if there was any proof that residents received the notice, and they replied that "It doesn't matter if they got this addendum , they should /know/ what the visitor's spots look like."
Is their claim that they circulated an addendum to the parking policy legally valid? If so, I'll be happy to pay for the towing cost and be on my merry way. If not, what can I do?
I'm in Dayton, OH visiting friends. My car was towed last night from what we understood to be a designated visitor's spot in their apartment complex. From my friends' understanding, the spots located in the center section of the parking lot are for guests. They have lived in the complex for over three years, and have been verbally informed of this on several occasions. Apparently, all but one spot in what they were told was the visitor parking area are acceptable guest spots. This is where my car was parked when it was towed.
The signed parking agreement that the complex has on file indicates that the resident acknowledges to inform their visitors of where the visitor parking spaces are located and how they are marked. The agreement does not, however, indicate what designates a visitor's spot. When I asked why the parking agreement does not specify what designates a visitor's spot, they informed me that they circulated a "parking addendum" to the residents of the complex outlining the specifics of visitor vs. resident spots. This addendum is not signed and not in the resident's file. I asked if there was any proof that residents received the notice, and they replied that "It doesn't matter if they got this addendum , they should /know/ what the visitor's spots look like."
Is their claim that they circulated an addendum to the parking policy legally valid? If so, I'll be happy to pay for the towing cost and be on my merry way. If not, what can I do?
For the answer, you need advice from an attorney who knows OHIO landlord/tenant law. Maybe you're right, maybe not. It will cost you either way.
Then what? I'm fairly sure that if you walk into the landlord's office and say "Well, I just talked to a lawyer and YOU'RE WRONG! I'd like my money back!" the landlord isn't going to write you a check. You'd probably need to get your lawyer to write a strongly-worded letter on your behalf to the landlord. More $$$. Maybe she caves, or maybe she gets her lawyer (who she probably knows pretty well, because this kind of thing comes with the landlord territory) to write a strongly-worded letter back to you. Bluff called. Do you want to file suit in Ohio over a freaking parking space?
Add to that the fact that you've just involved your friends in a legal dispute with their landlord--I'm sure they'd love that!
In short: it's significantly more fun and less expensive to just assume you're right and cut your losses at the cost of a tow.
posted by sallybrown at 2:54 PM on July 14, 2010
Then what? I'm fairly sure that if you walk into the landlord's office and say "Well, I just talked to a lawyer and YOU'RE WRONG! I'd like my money back!" the landlord isn't going to write you a check. You'd probably need to get your lawyer to write a strongly-worded letter on your behalf to the landlord. More $$$. Maybe she caves, or maybe she gets her lawyer (who she probably knows pretty well, because this kind of thing comes with the landlord territory) to write a strongly-worded letter back to you. Bluff called. Do you want to file suit in Ohio over a freaking parking space?
Add to that the fact that you've just involved your friends in a legal dispute with their landlord--I'm sure they'd love that!
In short: it's significantly more fun and less expensive to just assume you're right and cut your losses at the cost of a tow.
posted by sallybrown at 2:54 PM on July 14, 2010
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posted by anniecat at 2:30 PM on July 14, 2010