Q: 3rd party advises landlord of intent to use all avail parking. Despite this knowledge landlord rents to me. Legal?
This was a one-day space rental agreement which has no premises clause, and refers only to the address and capacity of the building. Landlord did not have a listing sheet, so my acceptance of the property as suitable for my purposes was based on a visit to the property. I observed the building on its own lot, surrounded by ample parking spaces. Landlord did not inform me that the spaces surrounding the building were considered "public parking". On the day of the event I was forced to cancel because all parking was in use by a third party. After some research I determined that the third party had sent prior written notification to the landlord of intent to use all available spaces that day. Furthermore, the landlord acknowledges that this is a known problem as it has happened in the past. I requested a refund of rental fees, but the landlord denied my request. Was the landlord negligent in renting the space to me despite knowledge of parking problems?
A: What does your lease say about parking? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
