Union City, NJ asked in Landlord - Tenant for Massachusetts

Q: Can a Landlord charge one price for parking in the parking garage and extra if you want a designated spot?

I have lived in my apartment for 4 years in April. As of this latest lease starting in May 2018, it was agreed that we would begin to pay for parking in the parking garage on site, $25/vehicle. Before agreeing to the additional charge, my boyfriend asked if it was possible to dedicate these 2 spaces we would be paying for each month, he has a large truck that only fits on 2 of the 5 levels of the parking garage. We were told by the front office that they were not allowed to dedicate parking spaces to any of the residents. We just received a property wide email stating that they are excited to announce that for an additional $100 they will be offering dedicated, covered spots in the parking garage for the entire time of your lease. So folks who pay $25 are not guaranteed a spot, but if you pay and additional $100 you will be. There is no control over how many times someone badges in to the parking garage and in the winter months there has been times where I had to pay to park elsewhere

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1 Lawyer Answer
Ali Shahrestani, Esq.
Ali Shahrestani, Esq.
  • San Francisco, CA
  • Licensed in Massachusetts

A: I don't see a problem with offering that additional service, so long as it doesn't violate any possible contractual right you might have to park your car in an available space for $25/mo assuming you were told you would definitely be provided a spot (though not a dedicated spot). More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, 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.

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