Does My Landlord Have to Give Me a Parking Space?
January 28, 2016 5:37 PM   Subscribe

If a parking space in my building is vacated, is my landlord required to offer it to me?

I am pretty sure the answer to my question is "no", but I can always hope! I live in San Francisco, and 2 people are moving out of my building, which means there will be 2 parking spots available. If I ask my landlord for 1 (and, obviously, am willing to deal with a rent increase), is he required to let me use it? Or can he wait and offer it to whomever moves into that apartment? (Again, I assume the latter is the case, but I am hoping against hope that for some reason he has to give it to a tenant who asks. My neighbor asked for the other one already).
posted by bookworm4125 to Home & Garden (8 answers total)
 
Read your lease then ask your landlord. Is there some reason you think he'd say no to you in particular?
posted by ThatCanadianGirl at 5:45 PM on January 28, 2016 [1 favorite]


Approach the landlord NOW! Very possibly they may rent out separately and are not eligible for rent stabilization.
posted by Ruthless Bunny at 5:46 PM on January 28, 2016


Response by poster: @thatcanadiangirl, my lease is a super generic one; don't think it mentions parking. I just emailed him to ask for one. I think he may say no because he will want to include it with the vacated apt; we live in an old building of 12 studios, and when people move out, they are gutting them, turning them into very nice junior one-bedrooms, and charging an arm and a leg. I think he would want to make things as unpleasant for me (as one of the "old tenants") as possible, because it benefits him if I move out. And parking is very much at a premium in our neighborhood.

Sorry for threadsitting!
posted by bookworm4125 at 5:52 PM on January 28, 2016 [1 favorite]


I lived in a small apartment complex and the parking spaces could be rented separately; there was a wait list. Other people may have inquired or may be on such a wait list, no harm in asking and it may put you in line for another space if those are already earmarked. No harm in asking the policy but I don't think you have a legal entitlement if it's not in lease, which is what you seem to be asking!
posted by cakebatter at 6:08 PM on January 28, 2016 [2 favorites]


I can't think of any reason in SF why your land lord would be required to do so, unless the space came with your apartment (ie is in your lease), which it clearly did not. If you have a good or neutral relationship with your landlord definitely ask. It's one more thing he doesn't have to deal with if you take it.
posted by Phredward at 6:13 PM on January 28, 2016 [1 favorite]


As far as I know, he CAN do whatever he feels like with it unless there's something in your lease about it. But there's no harm in asking.
posted by gloriouslyincandescent at 6:19 PM on January 28, 2016 [6 favorites]


It sounds like he has no obligation to give you the spot. Just ask! If you don't ask, you almost certainly won't get the spot.
posted by Kalmya at 6:47 PM on January 28, 2016


I have not heard of any state transportation or housing laws that address this, nor would I expect San Francisco to require this from a parking perspective. There is a small chance you might find something in San Francisco renter protection laws that generically discusses making sure current residents can stay in their current homes or not giving new tenants preferential treatment. I doubt that would address parking specifically, as the city's transportation policy is more focused on encouraging the use of transit, walking and bicycling. Many cities are increasingly encouraging that parking be rented separately from apartments (so that transit riders without cars don't get charged for spaces they aren't using), so it does seem possible that this space would be available.
posted by slidell at 8:53 PM on January 28, 2016 [1 favorite]


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