Parking spots occupied during construction, what now?
October 6, 2022 1:20 PM   Subscribe

Our assigned parking spots at our apartment building are unavailable during construction, and our property management company appears to be avoiding taking responsibility for the situation. What do we do?

Our three unit apartment building shares a back lot with two other apartment buildings. A retaining wall at the back of the lot is being replaced.

Our property management company texted us yesterday, the morning before construction began, advising us that "parking spots will be affected for a few weeks" while the work is done.

Overnight parking in my city requires a permit, which costs $100 per year. Overnight parking tickets result in $20 fines. The city I live in can be found in my profile.

I replied saying that the parking spots are in our lease agreement, and asked if the property management company would be covering the cost of necessary city parking permits or paying for any parking tickets received as a direct consequence of the work being done.

The property management company replied by saying that our cars would need to be moved from the lot by 7 AM, but that our spots would be available again in the evenings.

Day one of the work just concluded, and there are two backhoes, a five foot tall pile of gravel, and a pile of fridge-sized concrete blocks in our parking spaces.

I took a picture of this, and sent it to the property management company, saying that we would not be able to make use of our assigned parking spaces this evening as they are occupied, and that if any parking tickets are issued overnight that we will let them know.

The property management company replied, saying that they have "no control" over the work being done as the owner of the neighboring building apparently initiated the project; that they advise us to contact the police department to let them know what is going on in the hopes of not receiving any tickets; and that the property management company is contacting the neighbor (to what end, I do not know, our parking spots will not be made available via a phone call).

It is my understanding that the construction company will be parking their equipment and vehicles in our spots for the duration of the project, which the construction company estimates will take about three weeks. Other spaces in the lot are currently unobstructed, but this may change as work on the wall progresses.

What are my rights in this situation? I have no desire to make contact with the police department, am I obligated to do so? If my car or my partner's car is ticketed, what recourse do we have? I have not yet replied to the property management's last text message.
posted by rustybullrake to Law & Government (19 answers total)
 
“Im confused. You say that you have no control over the work the neighbor is doing, but they are allowed to put gravel and equipment in the space you lease to me? I am renting parking from you, and it is your responsibility to ensure that I have it in some manner.”
posted by Monday at 1:31 PM on October 6, 2022 [27 favorites]


Best answer: Continue to raise absolute hell with property management. If the neighbor was doing a kitchen remodel they wouldn't be able to come wash dishes in your dishwasher any more than they should be able to use your parking spot.

When you do call outside for help, you should call 311, not your PD.
posted by phunniemee at 1:33 PM on October 6, 2022 [9 favorites]


Is there a construction foreman you can talk to on site? I know you shouldn’t have to, but that might help. I might just be firm and tell them they need to move their equipment from my spot and find a different place to keep it rather than asking them about covering tickets, etc.
posted by needs more cowbell at 1:55 PM on October 6, 2022 [1 favorite]


If the landlord gave them permission, then it is up to the landlord to deal with the consequences. I think a $100 parking permit is such an obvious solution to this problem and a fairly cheap compensation for losing your space for several weeks. And it saves having to argue with work crew every night about whether they kept your space clear. Unfortunately I don't have enough landlord experience to advise how to make it happen. My temptation if the spot is unusable again tonight to just send them another picture and tell them that you will be buying a parking permit at their expense. When you do, send them the receipt along with pictures of every night the space is unusable asking for reimbursement and then telling them you will take it out of your rent the next month. Probably depends on whether you have an individual landlord or a big corporation if that would work - I would imagine taking out of the rent with a small individual landlord just solves the problem for both of you. With a big company, they might come after you for late rent fees etc so it might not be a good idea. So, just an idea, don't take my advice without some research.
posted by metahawk at 2:03 PM on October 6, 2022 [2 favorites]


Best answer: Do not deduct expenses from your rent without checking local tenant law. In some places this is not allowed. I recommend contacting a local tenant rights organization. You may be able to file a complaint through official tenant protection channels if applicable in your area. Sometimes just threatening to do so is enough to make the landlord back down.

Make sure all communication is in writing, and keep records. If you have an in-person or phone conversation with your landlord, send a text or email afterwards summarizing the conversation.
posted by mekily at 2:23 PM on October 6, 2022 [1 favorite]


Have you called the parking enforcement office at the police? My locale in Massachusetts is very strict about on-street parking, but when there is construction they give people permits to park on the street. You should keep raising a ruckus if necessary, but in the mean time a quick call to the police could save you some trouble.
posted by Winnie the Proust at 2:24 PM on October 6, 2022 [3 favorites]


Response by poster: -Monday, that was my exact line of thinking. You call yourself a property management company, and yet you do not manage the property? Curious.

-Re contacting 311, this does seem like a possible option. It appears that my city does provide temporary parking permits, but they aren't issued for more than a week at time, and reapplying requires proof of the work being done. I am not sure what form that proof will take, or if I will be able to provide it as I am not the property owner. It also requires applications to be submitted two business days before the permit is needed, which our property management company has rendered impossible. Still, it may be better than nothing.

-Re moving the construction equipment, I don't believe that would be feasible. The lot is accessed through a driveway between our building and the building to the right of it. From the driveway, the lot extends behind our building and behind the two buildings to our right. In effect it is an uneven T shape, with the right side of the T being longer.

We park on the left side of the T shape. Putting the equipment anywhere else would obstruct the parking spots of everyone else in the lot (~8 cars to our building's 3), so it does make the most sense to put everything in our spots. I have no real issue with the construction company for leaving their equipment in our parking spots, and I had a feeling they would have to do so when I watched the backhoes trundle up the driveway. I do have an issue with the property management company for failing to give us proper notice and for attempting to shirk responsibility and pass the problem (and any associated costs) on to the tenants.

-I have every intention of sending a picture of the occupied spots with the same message for every night our parking spaces are unavailable, to both be cheeky and to make sure it is put in writing each time.

I am worried about getting ticketed, and having no recourse. Trying to hold the property management company accountable by taking the amount out of our monthly rent sounds nice, but I have no idea what our rights are in that situation, and I would not want to jeopardize our living situation unnecessarily.
posted by rustybullrake at 2:31 PM on October 6, 2022


I'd call the city building permit office or building inspector's office and tell them that "adjacent construction is blocking access to property" and let the contractors/owners/city figure out what needs to happen. CC everyone - building management, the construction company (if you can find the name/address), parking enforcement, etc.
In the meantime I'd get temp permits just to tide you over, but keep receipts, etc. and submit them to your bldg. management. If there is a tenant's organization in your city, give them a call.
posted by niicholas at 2:47 PM on October 6, 2022 [4 favorites]


taking the amount out of our monthly rent sounds nice, but I have no idea what our rights are in that situation

Yeah, in some places this needs to be a whole formal process where the amount "taken out" of the rent gets put in an escrow account until the issue is resolved in local housing court.


I'd suggest contacting your local city councilperson, assuming they're not an ass. For all that this is a private property issue, they can probably pull some strings to get the cops to put a short pause on ticketing that area, or expedite the process to get you and your building neighbors temporary permits, possibly for cheap or free.
posted by soundguy99 at 3:05 PM on October 6, 2022 [1 favorite]


Best answer: Unless there is plenty of good quality affordable housing in your city, I would take care not to alienate your landlord over this. I agree that it's unfair, but it would be terrible if they chose not to renew your lease. :(
posted by chariot pulled by cassowaries at 3:39 PM on October 6, 2022 [2 favorites]


Parking is included in our lease, so we will be getting a city permit at a cost of 100. It's quite an inconvenience, but it seems that can't be avoided. We can deduct the cost from our next rent payment, or you can reimburse us directly. Let us know.

Don't argue, just give them a solution, and note that it's not ideal for you at all. I'd call this a rather gracious concession on your part. There's probably a site with tenant-landlord rights & responsibilities for your town; this stuff is usually quite local.
posted by theora55 at 3:42 PM on October 6, 2022


Best answer: Is this a condo building where you are renting from a condo owner, or a rental building?

Document everything, easiest is to send yourself an email (attaching any photos) which can then be printed if you need later.

If you need to incur expenses to sort out the street parking, keep evidence of those also.

A lot is going to depend on your jurisdiction and the specifics of your lease, and you really shouldn't rely on internet legal advice to take any action here. There are always answers in questions like this that are wrong or could even create liability for you in your jurisdiction. You might be able to get some of the terms and concepts you need and do some research.
posted by lookoutbelow at 4:14 PM on October 6, 2022 [1 favorite]


You should still ask the construction company. It is not up to you to find them a solution for storage. If the owner of your building gave them permission to park there overnight, then the owner needs to pay for your parking. Just because you have fewer spots does not mean they can block your spots by default. They can also store their equipment on their own property.

You need to find out your rights and if they include withholding rent before you threaten to do so. I guarantee your property management company knows the laws in your area, so arm yourself with the same info. Read your city and state websites for tenant laws.

I'd keep documenting everything, park on the street, and note every ticket you get. You may find enforcement is pretty lax.
posted by soelo at 5:44 PM on October 6, 2022 [1 favorite]


Response by poster: I looked into the 311 temporary permit option, and as expected I need to have documentation of the work being performed which I do not have access to.

I sent a text to the property management company this morning trying to work with them by asking if they could acquire the necessary information from the construction company or from the building owner who arranged the work being done, and if they could apply for the parking permit (it is done on a per building basis, and the management company has all of the necessary information regarding the tenants' cars because we were required to provide said information as part of being given assigned parking), or if they could send the information to me so that I could apply for the permits for everyone in the building.

The management company replied saying they cannot send any information because "we are not doing the work," and gave me the number of the building owner next door who ordered the work being done, so apparently it's my job to ask for that information. They also said they cannot apply for temporary permits for the building, because they don't have anyone's car information. I don't even know how to reply to any of that in a civil manner.

This is a triple decker apartment building, not a sprawling condo. There are three units, and three cars being affected. The parking spots are included in our lease, but that apparently means nothing, because "we aren't doing the work." I am beyond frustrated, and apparently have no recourse. This entire thing has been mishandled and the property management company refuses to manage the property.

Re tenants rights organizations, a few google searches and all I'm seeing are tenant-landlord law handbooks. When I've skimmed through them, I don't see anything pertaining to parking spaces or property management companies failing to manage the property.

I don't really have the bandwidth to become proficient in tenant law right now.

Unless there is plenty of good quality affordable housing in your city, I would take care not to alienate your landlord over this. I agree that it's unfair, but it would be terrible if they chose not to renew your lease. :(

Exactly my initial concern, and why I guess I am SOL. I suppose my only option is to suck it up and pray I don't get ticketed in the next three weeks.

In the meantime I am documenting every interaction, which seems to be the only thing I can actually do about it.
posted by rustybullrake at 6:19 AM on October 7, 2022


Best answer: @rustybullrake, I have an amateur interest in tenant law, so I did a little bit of research based on the city in your profile. Take this all with the caveat that I'm not a legal professional nor a resident of Providence.

Your situation, as I understand it, is a case of the landlord failing to comply with the provisions of the lease. Your lease agreement includes a parking space. By allowing construction activity to take place in your space, and not providing an alternative, the landlord is failing to comply with the lease.

Unfortunately, it seems to me that in RI, the only technical legal remedy you have for this situation is to notify the landlord that you'll end the lease early. Link to the relevant law here. In particular:
if there is a noncompliance by the landlord with the rental agreement ... the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than thirty (30) days after receipt of the notice if the breach is not remedied in twenty (20) days, and the rental agreement shall terminate
This is obviously a pretty lame remedy, as I imagine you have no desire to move, and also no desire to antagonize your landlord. But something to keep in mind. (Worth noting that the law prohibits retaliation by the landlord against tenants for bringing complaints — see here — although I'm skeptical of how much protection this actually provides in practice.)

The other thing that comes to mind is joining forces with your neighbors. You mentioned that there are 3 units and 3 cars being affected. Have you discussed this issue yet with the residents of the other 2 units? It might be helpful to get their feelings on the situation, and 3 people complaining to the landlord in a unified way (ESPECIALLY if that adds up to 100% of the occupants of the building) has a lot more weight than a single person alone -- it changes the power dynamic. You may be able to keep things civil with the landlord by doing all the legwork for applying for the parking permits for the 3 of you -- compile all the car information as a group, fill out the form, and just get his signature or whatever. Obviously you shouldn't have to be doing this work, but practically speaking, the easier you make the job for the landlord, the higher your chances of success.

Good luck. This sucks.
posted by mekily at 10:20 AM on October 7, 2022


Best answer: P.S., one more thing — There is a provision for withholding rent for repairs, but it only covers very basic health and safety provisions and so I don't think it would cover your parking space situation.

That's not to say you couldn't deduct the cost of a parking permit from your rent, as a strategy (which is sometimes very effective), but it's risky because it means you'd be on the wrong side of the law if the landlord decided to come down hard on you.
posted by mekily at 10:28 AM on October 7, 2022


Response by poster: I appreciate you taking the time to look into it, that is very helpful.

Unfortunately, it seems to me that in RI, the only technical legal remedy you have for this situation is to notify the landlord that you'll end the lease early

That is as hilarious as it is completely unsurprising. Thank you anyway.

I'll talk to my neighbors, but the responses I have been getting from the property management company have been subsequently sent out to all tenants, so I am doubtful that banding together would have any meaningful impact in the face of corporate apathy.

I think that my best bet in this case is to just grin and bear it and hope nothing comes of it, rather than make a stink and paint a target on my back. I hope that doesn't come across as ignoring advice you all took the time to offer, or giving up. It just seems to be the best available shit option in a shit situation. Such is life as a commoner.

If we do end up being ticketed, I have everything documented and can go about seeking some form of redress then.

Thanks, all.
posted by rustybullrake at 10:39 AM on October 7, 2022


Best answer: Talk to the project manager of the construction onsite if you can. If you don't notice them, ask a worker that seems nice for a business card or phone number. Call and explain the situation. Make it so they can be part of the solution not that they're the problem, since they're probably doing what they think is allowed. They may give you another number to call or a way to file a claim. (I've had multiple crews working on my street taking parking spots occasionally over the past 18 months and the PMs of the construction companies are normally nice and want to help since they want everything to go smoothly.)

I dislike calling and I can't tell if

> I looked into the 311 temporary permit option,

Means you called anyone but call. Not just 311 if you look around even for a city as large as yours you likely can find a better/more direct number and try to explain the run -around from everyone else. Again don't blame them, ask them how they can help/how you can help them help. This worked for us (a smaller but still decent size) city when they did street paving for a gas project when we were out of town and called the city road work approval department and they made sure we wouldn't get ticketed or charged if they ended up needing to tow our car.

Good luck.
posted by skynxnex at 6:32 PM on October 7, 2022 [1 favorite]


Response by poster: Happy resolution: Using the contact information provided by our property management company, I was able to contact the owner of the building next door and ask them to contact their construction company to have them send the documentation necessary for applying for a temporary parking permit and pass it on to me. I realize I failed to note that I am not usually present during the hours in which the construction is occurring, else I would have cut out the middle man and asked them directly.

Using that documentation, I was able to apply for a temporary parking permit for everyone in the building which was accepted as of last night. Thankfully, no parking tickets were issued in the interim, so I don't have to worry about that particular can of worms. With any luck, the property management company (who I thanked obsequiously for their assistance) will once more forget I exist.

Thanks again, all.
posted by rustybullrake at 9:37 AM on October 13, 2022 [1 favorite]


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